Section 2605.130  Voluntary Dismissal or Withdrawl of a Petition for Hearing or Notice of Charges

Prior to hearing, an unopposed motion to voluntarily dismiss or withdraw a Petition for Hearing or Notice of Charges shall be granted, and the Hearing Officer shall issue an order dismissing the Petition for Hearing or Notice of Charges, and its underlying cause with prejudice.  However, the Hearing Officer, within his discretion, may hear and decide a motion that has been filed prior to a motion to voluntarily dismiss or withdraw when that prior filed motion could result in a final disposition of the cause.  After a hearing begins or where a motion to voluntarily dismiss or withdraw is challenged, the Hearing Officer shall exercise his discretion in allowing the motion when the voluntary dismissal or withdrawal would serve the interests of justice.