§  1.748   Dismissal of applications.

   (a) Before designation for hearing. Any application not designated for
   hearing may be dismissed without prejudice at any time upon request of
   the applicant. An applicant's request for the return of an application
   that has been accepted for filing and consideration, but not designated
   for hearing, will be deemed a request for dismissal without prejudice.
   The Commission may dismiss an application without prejudice before it
   has been designated for hearing when the applicant fails to comply or
   justify noncompliance with Commission requests for additional
   information in connection with such application.

   (b) After designation for hearing. A request to dismiss an application
   without prejudice after it has been designated for hearing shall be
   made by petition properly served upon all parties to the hearing and
   will be granted only for good cause shown. An application may be
   dismissed with prejudice after it has been designated for hearing when
   the applicant:

   (1) Fails to comply with the requirements of §  1.221(c);

   (2) Otherwise fails to prosecute his application; or

   (3) Fails to comply or justify noncompliance with Commission requests
   for additional information in connection with such application.

   [ 28 FR 12450 , Nov. 22, 1963, as amended at  29 FR 6445 , May 16, 1964]

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