CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ – Authority of ALJ to Dismiss Complaint on Own Motion
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1104.06000 – Authority of ALJ to Dismiss Complaint on Own Motion
With receipt of the exclusive representative’s withdrawal from matter in which the exclusive representative is the only charging party named in the complaint, the administrative law judge has the authority to dismiss the case sua sponte by notice or order of dismissal; withdrawal from the case by the sole charging party is equivalent to a failure to prosecute.