SECTION 55.216. Dismissal of Petition for Want of Prosecution

(a) A Petition to Suspend License may be dismissed for want of prosecution:

(1) if the petition has been on file with the coordinator for more than one calendar year and has not been finally adjudicated within that time; or

(2) on failure of any party seeking affirmative relief to appear for any hearing of which the party had notice.

(b) The coordinator shall send notice of the administrative law judge's intent to dismiss to each party who has entered an appearance or to their representative of record.

(c) The administrative law judge shall dismiss the petition without prejudice on the date stated in the notice of intent to dismiss unless a party requests a hearing and shows good cause for the case to be maintained on the docket.

Source Note: The provisions of this §55.216 adopted to be effective June 26, 1997, 22 TexReg 5825; amended to be effective March 5, 2008, 33 TexReg 1761