SECTION 9.35. Dismissal

Following notice to all affected parties and the opportunity for hearing, the administrative law judge with the consent of the agency head may dismiss any contested case, with or without prejudice, under such conditions and for such reasons as are found just and reasonable, including the following:

(1) failure to prosecute;

(2) unnecessary duplication of proceedings or res judicata;

(3) withdrawal;

(4) moot questions or obsolete petitions;

(5) lack of jurisdiction;

(6) abuse of discovery;

(7) refusal to observe proper decorum or obey orders of the administrative law judge made within the scope of authority; or

(8) if necessary in the interest of justice.

Source Note: The provisions of this §9.35 adopted to be effective November 13, 1997, 22 TexReg 10951.