The hearing examiner may dismiss a proceeding without a hearing, with or without prejudice, for any of the following reasons:     
       (1) failure to comply in a timely manner with any requirement of this chapter or to respond to any directive of the hearing examiner with regard to the matter in issue;       
         (2) unnecessary duplication of proceedings or res judicata;         
           (3) withdrawal of petition or upon submission of a motion to retract;           
             (4) moot questions or obsolete petitions;             
               (5) lack of agency jurisdiction; or               
                 (6) withdrawal of a preliminary report.                
     Source Note:        The provisions of this §17.16 adopted to be effective April 22, 1992, 17 TexReg 2472.