| (a) Waiver of Request for Hearing. The defendant may
waive the request for hearing at any time before the administrative
order is final. If the defendant requests a waiver after the notice
of hearing is issued, the judge will enter an order accepting the
waiver.
(b) Rescission of Notice of Suspension. If, after issuing
a notice of hearing, DPS rescinds a notice of suspension, it shall
immediately inform SOAH and the defendant of the rescission by the
filing of a notice of rescission. A judge shall issue an order dismissing
the case from SOAH's docket once the notice of suspension has been
rescinded.
(c) Involuntary Dismissal. A judge may dismiss a case
on his or her own motion if the record shows no activity by the filing
of pleadings or otherwise has occurred for a period of 120 days, or
the case has not been brought to hearing with due diligence after
multiple continuances to allow the parties to prepare for hearing.
(1) Notice of the judge's intention to dismiss must
be sent to the parties at least 15 days prior to the effective date
of dismissal. The judge may, but is not required to, conduct a hearing
on the dismissal. The order of dismissal shall:
(A) state the reason for dismissal;
(B) inform the parties of an opportunity to seek reinstatement
of the case; and
(C) inform the parties that the case is dismissed unless:
(i) a party files a motion to reinstate the case on
the docket not later than 15 days after the issuance of the order;
and
(ii) the motion to reinstate specifies the basis for
the motion and addresses the grounds for dismissal stated in the judge's
order.
(2) The judge may grant a motion to reinstate the case
if the moving party shows valid and compelling reasons for the delay
or inaction, or the judge finds that extraordinary circumstances exist
that require reinstatement of the case.
(3) In the event a timely motion for reinstatement
is not decided by written order of the judge within 30 days after
the dismissal order is signed, the motion shall be deemed overruled
by operation of law.
(4) Dismissal under this section removes the case from
the SOAH docket and rescinds the notice of suspension without a decision
on the merits.
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