| (a) Granting of summary disposition. Summary disposition
shall be granted on all or part of a complaint's allegations if the
allegations, the motion for summary disposition, and the summary disposition
evidence show that there is no genuine issue as to any material fact
and that the moving party is entitled to a decision in its favor as
a matter of law on all or some of the issues expressly set out in
the motion. Summary disposition is not permitted based on the ground
that there is no evidence of one or more essential elements of a claim
or defense on which the opposing party would have the burden of proof
at the formal hearing.
(b) Deadlines. Unless otherwise ordered by the presiding
officer:
(1) A party may file a motion for summary disposition
at any time after the commission orders a formal hearing, but the
motion must be filed at least 45 days before a scheduled hearing on
the merits.
(2) The response and opposing summary disposition evidence
shall be filed no later than 15 days after the filing of the motion.
(c) Contents of Motion. A motion for summary disposition
shall include the contents listed below. A motion may be denied for
failure to comply with these requirements.
(1) The motion shall state the specific issues upon
which summary disposition is sought and the specific grounds justifying
summary disposition.
(2) The motion shall also separately state all material
facts upon which the motion is based. Each material fact stated shall
be followed by a clear and specific reference to the supporting summary
disposition evidence.
(3) The first page of the motion shall contain the
following statement in at least 12-point, bold-face type: "Notice
to parties: This motion requests the commission to decide some or
all of the issues in this case without holding an evidentiary hearing
on the merits. You have 15 days after the filing of the motion to
file a response. If you do not file a response, this case may be decided
against you without an evidentiary hearing on the merits."
(d) Responses to motions.
(1) A party may file a response and summary disposition
evidence to oppose a motion for summary disposition.
(2) The response shall include all arguments against
the motion for summary disposition, any objections to the form of
the motion, and any objections to the summary disposition evidence
offered in support of the motion.
(e) Summary disposition evidence.
(1) Summary disposition evidence may include deposition
transcripts; interrogatory answers and other discovery responses;
pleadings; admissions; affidavits; materials obtained by discovery;
matters officially noticed; stipulations; authenticated or certified
public, business, or medical records; and other admissible evidence.
No oral testimony shall be received at a hearing on a motion for summary
disposition.
(2) Summary disposition may be based on uncontroverted
written testimonial evidence of an interested witness, or of an expert
witness as to subject matter concerning which the presiding officer
must be guided solely by the opinion testimony of experts, if the
evidence is clear, positive and direct, otherwise credible and free
from contradictions and inconsistencies, and could have been readily
controverted.
(3) All summary disposition evidence offered in support
of or in opposition to a motion for summary disposition shall be filed
with the motion or response. Copies of relevant portions of materials
obtained by discovery that are relied upon to support or oppose a
motion for summary disposition shall be included in the summary disposition
evidence.
(f) Proceedings on motions.
(1) The presiding officer may order a hearing on a
motion for summary disposition and the commission may rule on the
motion without a hearing.
(2) The affirmative vote of six commissioners is necessary
to grant summary disposition finding a violation by a preponderance
of the evidence.
(3) If summary disposition is granted on all contested
issues in a case, the record shall close on the date ordered by the
presiding officer or on the later of the filing of the last summary
disposition arguments or evidence, the date the summary disposition
response was due, or the date a hearing was held on the motion. The
commission shall issue a final decision and written report, including
a statement of reasons, findings of fact, and conclusions of law in
support of the summary disposition rendered.
(4) If summary disposition is granted on some but not
all of the contested issues in a case, the commission shall not take
evidence or hear further argument upon the issues for which summary
disposition has been granted. The commission shall issue an order:
(A) specifying the facts about which there is no genuine
issue;
(B) specifying the issues for which summary disposition
has been granted; and
(C) directing further proceedings as necessary. If
an evidentiary hearing is held on the remaining issues, the facts
and issues resolved by summary disposition shall be deemed established,
and the hearing shall be conducted accordingly. After the evidentiary
hearing is concluded, the commission shall include in the final decision
a statement of reasons, findings of fact, and conclusions of law in
support of the partial summary disposition rendered.
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