| (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;
(4) moot questions;
(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.
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