| (a) Motion for summary decision. The presiding officer,
on motion by any party, may grant a motion for summary decision on
any or all issues to the extent that the pleadings, affidavits, materials
obtained by discovery or otherwise, admissions, matters officially
noticed in accordance with §22.222 of this title (relating to
Official Notice), or evidence of record 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 the issues expressly
set forth in the motion.
(b) Filing and contents of motion. Any party to a proceeding
may move for summary decision on any or all of the issues. The motion
must be filed before the close of the hearing on the merits or before
the issuance of a proposal for decision or proposed order if no hearing
is held, unless the time to file is extended by order of the presiding
officer. The party filing the motion shall demonstrate that the issue
or issues may be resolved by summary decision in accordance with the
standard set forth in subsection (a) of this section. Affidavits in
support of the motion shall be based on personal knowledge and shall
set forth such facts as would be admissible in evidence. A motion
for summary decision shall specifically describe the facts upon which
the request for summary decision is based, the information and materials
which demonstrate those facts, and the laws or legal theories that
entitle the movant to summary decision.
(c) Response to motion. Any response to a motion for
summary decision shall be filed within the time set by the presiding
officer. A party opposing the motion shall show, by affidavits, materials
obtained by discovery or otherwise, admissions, matters officially
noticed, or evidence of record, that there is a genuine issue of material
fact for determination at the hearing, or that summary decision is
inappropriate as a matter of law.
(d) Hearing on the motion. If appropriate, the presiding
office shall set the motion for hearing.
(e) No further hearing. No further evidentiary hearing
shall be held on issues for which summary decision has been granted.
(f) Action on the motion by administrative law judge.
The administrative law judge must issue a proposal for decision if
all issues will be resolved by summary decision. The administrative
law judge may issue an interim order or a proposal for interim decision
if some, but not all, issues will be resolved by summary decision.
Such a partial summary decision may result if the motion for summary
decision does not include all issues or, if the motion does include
all issues, the administrative law judge grants summary decision on
some issues and denies summary decision on other issues. Parties may
file exceptions and replies to exceptions to a proposal for interim
decision recommending resolution of issues by summary decision. An
interim order issued by the administrative law judge granting partial
summary decision is subject to appeal or reconsideration under §22.123
of this title (relating to Appeal of an Interim Order and Motions
for Reconsideration of Interim Order Issued by the Commission).
(g) Action on the motion by the commission. If all
issues will be resolved by summary decision, the commission will issue
an order that is subject to motions for rehearing under §22.264
of this title (relating to Motions for Rehearing). An interim order
issued by the commission granting partial summary decision is subject
to reconsideration under §22.123 of this title.
|
