Texas Administrative Code
Title 19 - EDUCATION
Part 2 - TEXAS EDUCATION AGENCY
Chapter 157 - HEARINGS AND APPEALS
Subchapter AA - GENERAL PROVISIONS FOR HEARINGS BEFORE THE COMMISSIONER OF EDUCATION
Section 157.1056 - Dismissal Without a Hearing; Nonsuits

Universal Citation: 19 TX Admin Code ยง 157.1056

Current through Reg. 49, No. 38; September 20, 2024

(a) The commissioner or his or her designee may, on his or her own motion or the motion of a party, inform the parties of the commissioner's intent to dismiss a hearing and allow time for response. The commissioner may then dismiss a hearing without further action for the following reasons: compromise, unnecessary duplication of proceedings, res judicata, withdrawal, mootness, untimely filing, lack of jurisdiction, failure of a petitioner to set forth facts in the pleadings that would support a decision in the petitioner's favor, failure to state a claim for which relief can be granted, failure to exhaust administrative remedies, or failure to prosecute.

(b) The petitioner may nonsuit the hearing at any time.

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