Section 3-126-67 - Dismissal of requests for hearings(a) A request for hearing relief may be voluntarily dismissed by the person requesting the hearing, without order of the hearings officer by: (1) Filing a notice of dismissal at any time before service of the request for hearing on the other parties; or(2) Filing a stipulation of dismissal signed by all parties who have been served with the request for hearing or who appeared in the action. Unless otherwise stated in the notice of dismissal or stipulation, the dismissal shall be without prejudice, except that a notice of dismissal shall operate as an adjudication upon the merits when filed by a person who has once dismissed a request for hearing based on or including the same claim before the hearings officer.
(b) Except as provided in subsection (a), a request for hearing shall not be dismissed except upon motion and on order of the hearings officer granting the motion and upon such terms and conditions as the hearings officer deems proper. Unless otherwise specified in the order, a dismissal under this subsection shall be without prejudice.(c) The hearings officer may, upon the motion of any party, or suasponte, issue a notice of proposed dismissal to any person requesting a hearing, based on: (1) The failure of the person requesting the hearing to prosecute or otherwise pursue the person's request for hearing within one year from the filing of the request, excluding periods of delay caused by a party other than the person requesting the hearing; or(2) The failure of the person requesting the hearing to comply with this chapter or any order of the hearings officer. The notice of proposed dismissal shall set forth the basis for the proposed dismissal and shall provide an opportunity for the person requesting the administrative hearing to request a hearing to contest the proposed dismissal at least fifteen calendar days prior to the actual dismissal. The notice of proposed dismissal shall also provide that in the event the person adversely affected does not request a hearing to contest the proposed dismissal within the time period specified in the notice of proposed dismissal, the hearings officer may thereafter issue an order dismissing the proceedings with prejudice. If a request for a hearing to contest the proposed dismissal is filed within the time period specified in the notice of proposed dismissal, the hearings officer shall schedule a hearing in accordance with this chapter or dissolve the notice of proposed dismissal. The person requesting the hearing shall have the burden of showing why the underlying request for administrative hearing should not be dismissed pursuant to this section.
(d) Unless the order of dismissal issued by the hearings officer specifies otherwise, a dismissal under subsection (c) and any other dismissal not provided for in this section, except a dismissal for lack of jurisdiction or improper venue, shall operate as an adjudication upon the merits.[Eff 12/15/95; comp MAY 20 2004] (Auth: HRS §§ 103D-202, 103D-709) (Imp: HRS § 103D-709)