Section 101.09 - Motion to Dismiss(1)General Grounds. Any party may move to dismiss for failure of any other party to prosecute or to comply with these rules or with any order of the Division or Hearing Officer. Upon completion by the initiating party of the presentation of evidence, the responding party may move to dismiss on the grounds that, upon the facts and/or the law, the initiating party has not sustained its case. The Division or hearing officer may act upon the motion then, or may wait until the close of evidence. The granting of such motion shall be considered a decision.(2)Failure to Prosecute. When the record discloses the failure of the Petitioner to file documents required by these rules, respond to notices or correspondence, comply with orders or otherwise indicates an intention not to continue the prosecution of the hearing, the Division Hearing Officer may issue an order requiring that Petitioner show cause why the hearing should not be dismissed for lack of prosecution. If the petitioner shall fail to show cause, the petition may be dismissed with prejudice.