Sec.  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  Sec. 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]