CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ – Authority of ALJ to Dismiss Complaint on Own Motion
Single Topic for Decision 2446E
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1104.06000 – Authority of ALJ to Dismiss Complaint on Own Motion
A Board agent may exercise discretionary authority to dismiss a case sua sponte where the charging party fails to prosecute the matter, absent a showing of good cause. Charging party did not appear at the appointed date and time of the hearing. Prior to the hearing, charging party requested and was provided information regarding the proper procedure for ensuring that witnesses could be compelled to attend and testify at the hearing. No cause for charging party’s failure to appear at the duly noticed hearing was demonstrated. Dismissal was warranted.