Rule 350-4-.26 - Summary Determination(1) Any party may move, if supported by affidavits or other probative evidence, for a summary determination in its favor upon any of the issues being adjudicated on the basis that there is no genuine issue of material fact for determination. Such a motion must be filed and served on all parties no later than 20 days after service of the Notice of Hearing; provided that, upon good cause shown, the motion may be filed at any time before the close of the hearing.(2) When a motion for summary determination is made and supported as provided in this Rule, a party opposing the motion may file and serve a response or a countermotion. The respondent may not rest upon mere allegations or denials, but must show, by affidavit or other probative evidence, that there is a genuine issue of material fact for determination in the hearing.(3) Affidavits shall be made upon personal knowledge, shall set forth facts that would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated therein. Copies of all papers or parts thereof referred to in an affidavit conforming to these rules shall be attached thereto and served therewith.(4) If all factual issues are decided by summary determination, no hearing will be held and the Administrative Law Judge shall prepare a decision. If summary determination is denied or if partial summary determination is granted, the Administrative Law Judge shall issue a memorandum opinion and order, interlocutory in nature, and the hearing will proceed on the remaining issues.Ga. Comp. R. & Regs. R. 350-4-.26
O.C.G.A. Sec. 49-4-142(a), 153.
Original Rule entitled "Summary Determination" adopted as ER. 350-4-0.4-.26. F. Oct. 5, 1989; eff. Sept. 29, 1989, the date of adoption, to remain in effect for 120 days or until adoption of a permanent Rule superseding said Emergency Rule, as specified by the Agency.Repealed: Permanent Rule of same title adopted. F. Oct. 4, 1989, eff. Nov. 1, 1989, as specified by the Agency.