CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ – Authority of ALJ to Dismiss Complaint on Own Motion
Single Topic for Decision 1990E
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1104.06000 – Authority of ALJ to Dismiss Complaint on Own Motion
Charging parties are required to exercise due diligence in the prosecution of their unfair practice claims. An ALJ’s dismissal of a charging party’s complaint is appropriate when the charging party fails to exercise due diligence in pursuing his/her claim and fails to demonstrate good cause as to why the matter should not be dismissed. Such power is inherent in the authority of the ALJ to regulate the course and conduct of a hearing.