§730.170. Voluntary Dismissal or Withdrawal

Prior to the hearing, an unopposed motion to voluntarily dismiss or withdraw a Petition for Hearing/Notice of Hearing shall be granted, and the Hearing Officer shall issue an order dismissing the Petition for Hearing/Notice of Hearing and its underlying cause with prejudice. However, the Hearing Officer, within his or her 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 when a motion to voluntarily dismiss or withdraw is challenged, the Hearing Officer shall exercise discretion in allowing the motion when the voluntary dismissal or withdrawal would serve the interests of justice.