| (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;
(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 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.
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