RULE 12. DISMISSALS

A. Generally.

Unless good cause is presented, dismissal of a complaint shall be without prejudice.

B. Non-Prosecution.

The Commission may dismiss a complaint without prejudice if no action has been taken on the case for a period of six (6) months. Prior to dismissal, the Commission shall give written notice to the parties of the Commission's intent to dismiss the complaint. Any party may, within 21 days of the date of service of the Commission's notice, show cause in writing why the Commission should not dismiss the complaint.

C. Party Filing Complaint.

Unless the interests of justice require otherwise, the Commission shall grant a motion for dismissal when made by the party filing the complaint.

D. Stipulation.

The Commission may, on presentation of sufficient grounds or good cause, dismiss a complaint pursuant to stipulation by the parties.

COMMENTS: Subsection A. Parties may submit several different types of requests to dismiss cases at the Commission. Prior to a final order, dismissal with prejudice is not favored without a showing of good cause.

Subsection C. The dismissal of the complaint by claimant is not automatic under the rule. The Commission is permitted to consider additional circumstances that may warrant the case proceeding through litigation.

Subsection D. A stipulation to dismiss without prejudice between parties represented by counsel will be sufficient for Commission approval. In those situations where both parties are not represented by legal counsel, or the dismissal will be with prejudice, the stipulation must contain sufficient information for the Commission to approve the request