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;(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.40 Tex. Admin. Code § 850.74
The provisions of this §850.74 adopted to be effective March 12, 2012, 37 TexReg 1706; duplicated effective September 1, 2016, as published in the Texas Register September 2, 2016, 41 TexReg 6773; Adopted by Texas Register, Volume 44, Number 19, May 10, 2019, TexReg 2370, eff. 5/13/2019