Section 101.927 - Dismissal Without Hearing(a) The impartial hearing officer 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;(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 impartial hearing officer including an order to disclose the identities of witnesses and exhibits.(b) If the impartial hearing officer finds that a motion for dismissal should be granted, the impartial hearing officer may enter a final order of dismissal.40 Tex. Admin. Code § 101.927
The provisions of this §101.927 adopted to be effective March 12, 2012, 37 TexReg 1706