(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.     
     Source Note:        The provisions of this §157.1056 adopted to be effective April 7, 1993, 18 TexReg 1928; amended to be effective July 20, 2004, 29 TexReg 6887