Dismissal for Failure to Prosecute

When the appellant fails to file documents required by 106 CMR 343.000, respond to correspondence, or comply with DOH orders or when the appellant otherwise indicates his or her intention not to continue to prosecute the appeal, DOH may issue an order requiring the appellant to show cause why the matter should not be dismissed for lack of prosecution. That determination shall be made by the Director of DOH, except in cases where the hearing has been scheduled and a hearing officer has been designated to conduct the hearing, the determination shall be made by the hearing officer. If the appellant is found to have failed to show such cause, the appeal shall be dismissed with or without prejudice.