(a) In general. The ALJ will recommend that the Board issue a final
order granting a motion for summary disposition if the undisputed
pleaded facts, admissions, affidavits, stipulations, documentary evidence,
matters as to which official notice may be taken, and any other evidentiary
materials properly submitted in connection with a motion for summary
disposition show:
(1) There is no genuine issue as to any
material fact; and
(2)
The moving party is entitled to a decision in its favor as a matter
of law.
8-072.1
(b) Filing
of motions and responses.
(1) Any party who believes there is no
genuine issue of material fact to be determined and that the party
is entitled to a decision as a matter of law may move at any time
for summary disposition in its favor of all or any part of the proceeding.
Any party, within 20 days after service of such a motion, or within
such time period as allowed by the ALJ, may file a response to such
motion.
8-072.2
(2) A motion for summary
disposition must be accompanied by a statement of the material facts
as to which the moving party contends there is no genuine issue. Such
motion must be supported by documentary evidence, which may take the
form of admissions in pleadings, stipulations, depositions, investigatory
depositions, transcripts, affidavits, and any other evidentiary materials
that the moving party contends supports the moving party’s position.
The motion must also be accompanied by a brief containing the points
and authorities in support of the contention of the moving party.
Any party opposing a motion for summary disposition must file a statement
setting forth those material facts as to which the opposing party
contends a genuine dispute exists. Such opposition must be supported
by evidence of the same type as that submitted with the motion for
summary disposition and a brief containing the points and authorities
in support of the contention that summary disposition would be inappropriate.
8-072.3
(c) Hearing on motion. At the written request of any party or on the ALJ’s own motion,
the ALJ may hear oral argument on the motion for summary disposition.
8-072.4
(d) Decision on motion. Following receipt of a motion for summary disposition and all responses
thereto, the ALJ will determine whether the moving party is entitled
to summary disposition. If the ALJ determines that summary disposition
is warranted, the ALJ will submit a recommended decision to that effect
to the Board. If the ALJ finds that no party is entitled to summary
disposition, the ALJ will make a ruling denying the motion.
