28.02.01.24

.24 Dismissal for Lack of Prosecution.

A. Unless otherwise required by law, a case pending before the Office may not be placed on inactive status.

B. At the expiration of 6 months from the last docket entry, and on the request of a party or on an ALJ’s own initiative, a case is subject to dismissal for lack of prosecution.

C. If dismissal is initiated, the Office shall send notice to all parties that a final or proposed dismissal for lack of prosecution will be entered after the expiration of 30 days from the date of the notice unless a motion is filed under §D of this regulation.

D. On motion filed within 30 days after the date of the notice under §C of this regulation, and for good cause shown, an ALJ may defer issuance of a final or proposed order of dismissal for the period and on the terms the ALJ considers proper.

E. Issuance of Order.

(1) If a timely motion is not filed under §D of this regulation, or if a motion is filed and denied, the ALJ shall issue an order or proposed order of dismissal within 30 days after the time for filing the motion has expired.

(2) If a motion is filed and good cause is shown for deferral of the dismissal, the ALJ shall issue an order deferring dismissal and specifying the period and the terms of the deferral.