6101.12 Stays and dismissals [Rule 12].

Stays.(a) The Board may stay a case for a specific duration, or until a specific event, for good cause.

DismissalsGenerally.(b) —(1) The Board may dismiss a case or part of a case either on motion of a party or after permitting a response to an order to show cause.

Voluntary dismissal.(2) Subject to Rule 12(b)(3) (paragraph (b)(3) of this section), the Board will dismiss all or part of a case on the terms requested if the appellant, petitioner, or applicant moves for dismissal with prejudice or moves jointly with the respondent for dismissal with or without prejudice.

For lack of jurisdiction.(3) If the Board finds that it lacks jurisdiction to decide all or part of a case, the Board will dismiss without prejudice the case or the part of the case, regardless of the parties' positions on jurisdiction or dismissal.

For failure to prosecute.(4) The Board may dismiss all or part of a case for failure to prosecute.

Prejudice.(5) Except for dismissals for lack of jurisdiction, dismissals are with prejudice unless a Board order or other applicable law provides otherwise.

Dismissal orders and decisions.(c) The presiding judge acting alone may stay a case or grant voluntary dismissal with or without prejudice. A panel or the full Board may dismiss a case on other grounds.

Admonition.(d) Dismissal of a party's case without prejudice does not necessarily mean that the party may later refile the case at the Board or in another forum under the jurisdictional and procedural laws applicable to the case.

[83 FR 41010, Aug. 17, 2018, as amended at 91 FR 3792, Jan. 28, 2026]