SECTION 850.74. Dismissal without Hearing

(a) The IHO may entertain motions for dismissal without a hearing for the following reasons:

(1) failure to pursue the hearing;

(2) unnecessary duplication of proceedings, res judicata, or collateral estoppel;

(3) withdrawal of the request for hearing;

(4) moot questions;

(5) lack of jurisdiction;

(6) failure to raise a material issue in the pleading;

(7) failure of a party or authorized representative to appear at a scheduled hearing;

(8) failure to respond to a discovery request; and

(9) failure to respond to any order by the IHO, including an order to disclose the identities of witnesses and exhibits.

(b) If the IHO finds that a motion for dismissal should be granted, he or she may enter a final order of dismissal.

Source Note: The provisions of this §850.74 adopted to be effective May 13, 2019, 44 TexReg 2364