Section 11-186-59 - Dismissal without prejudice(a) Without reaching a decision on the merits of the application, the agency may dismiss the application for any of the following reasons: (1) Failure of the applicant to complete the application within the time prescribed in section 11-186-30;(2) Failure of the applicant to pursue the application;(3) Failure of the applicant to respond to written agency correspondence addressed to the applicant;(4) Failure of the applicant to provide any additional information requested by the agency within the time prescribed in section 11-186-54;(5) An amendment to the applicant, if the amendment meets the criteria prescribed in section 11-186-57; or(6) Prohibited conduct by the applicant pursuant to section 11-186-58.(b) Before dismissing the application, the agency shall provide the applicant with written notice and an opportunity of ten days in which to respond, during which the period for agency review of the application shall not run.(c) If the agency dismisses the application, the agency shall explain in the record the reason or reasons for the dismissal and shall furnish the applicant with a copy of the explanation.(d) Except as provided in section 11-186-10, dismissal of an application for any of the reasons in subsection (a) of this section shall be without prejudice to the applicant's right to refile the application or to file an amended application. [Eff. FEB 09 1981] (Auth: HRS Sec. 323D-62) (Imp: HRS Sec. 323D-12)