Sec. 101.39  Dismissal and return of applications.

    (a) Except as provided under paragraph (c) of this section and under 
Sec. 101.41, any application may, upon written request, be dismissed 
without prejudice as a matter of right prior to the adoption date of any 
final Commission action or the application's designation for hearing or 
comparative evaluation.
    (b) A request to dismiss an application without prejudice will be 
considered after designation for hearing, after selection through the 
comparative evaluation procedure of Sec. 101.51, or after selection as a 
tentative selectee in a random selection proceeding, only if:
    (1) A written petition is submitted to the Commission and, in the 
case of applications designated for hearing or

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comparative evaluation, is properly served upon all parties of record;
    (2) The petition is submitted before the issuance date of a public 
notice of Commission action denying the application; and
    (3) The petition complies with the provision of Sec. 101.41 
(whenever applicable) and demonstrates good cause.
    (c) Except as provided under Sec. 101.41, an application designated 
for inclusion in the random selection process may be dismissed without 
prejudice as a matter of right if the applicant requests its dismissal 
at least 2 days prior to a random selection proceeding.
    (d) Dismissal for failure to prosecute or for failure to respond to 
official correspondence or requests for additional information within a 
specified time period will be without prejudice prior to its designation 
for hearing, or tentative selection by the random selection process. 
Dismissal may be with prejudice after selection of the comparative 
evaluation process, or after selection as a tentative selectee in a 
random selection proceeding.