Rule 616-1-2-.15 - Summary Determination(1)Motion. A party may move, based on supporting affidavits or other probative evidence, for summary determination in its favor on any of the issues being adjudicated, on the basis that there is no genuine issue of material fact for determination and the moving party is entitled to prevail as a matter of law. (a) There shall be included in the motion or attached thereto a separate, concise, and numbered statement of each of the material facts as to which the moving party contends there is no genuine issue for determination. Each numbered material fact must be supported by a citation to evidence proving such fact. The Court will not consider any fact that 1. lacks citation to supporting evidence;2. is stated as an issue or legal conclusion; or3. is set out only in a brief and not in the moving party's statement of undisputed facts.(b) A motion for summary determination must be filed and served on all parties no later than thirty (30) calendar days before the date set for hearing. For good cause shown, a motion may be filed at any time before the close of the hearing.(2)Response. A party may file and serve a response to a motion for summary determination or a counter-motion for summary determination within twenty (20) calendar days of service of the motion for summary determination. (a) The response shall include a separate and concise statement of each of the material facts as to which the party opposing summary determination contends there exists a genuine issue for determination. These facts shall be individually numbered to correspond to the numbered statement of material facts provided by the moving party. Each fact must be supported by a citation to evidence. The Court will not consider any fact that1. lacks citation to supporting evidence;2. is stated as an issue or legal conclusion; or3. is set out only in a brief and not in the responding party's statement of material facts.(b) The Court may deem each of the moving party's facts as admitted unless the responding party 1. directly refutes the moving party's fact with a response supported by a citation to evidence, as required in subsection (2)(a) of this Rule;2. states a valid objection to the admissibility of the moving party's fact;3. asserts that the moving party's citation does not support the moving party's fact; or4. asserts that the moving party's fact is not material or otherwise has failed to comply with this Rule.(c) When a motion for summary determination is supported as provided in this Rule, a party opposing the motion may not rest upon mere allegations or denials, but must show, by affidavit or other probative evidence as required in subsection (2)(a) of this Rule, that there is a genuine issue of material fact for determination, or that the moving party is not entitled to prevail as a matter of law.(3)Affidavits. 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. Sworn or certified copies of all documents to which reference is made in an affidavit shall be attached thereto and served therewith. Where facts necessary for summary determination are a matter of expert opinion, such facts may be resolved on the basis of uncontroverted affidavits or testimony of expert opinion.(4)Oral Argument and Written Submissions. The Court may set the motion for oral argument and call for the submission of proposed findings of fact, conclusions of law, and briefs.(5)Ruling. The Court shall rule on a motion for summary determination in writing. (a) If the period required to rule upon the motion for summary determination will extend beyond the date set for the hearing, the Court may continue the hearing.(b) The Court, at its discretion, may determine that the matter, as a whole, or certain specified issues, are better resolved by an evidentiary hearing and inappropriate for summary determination. Ga. Comp. R. & Regs. R. 616-1-2-.15
O.C.G.A. §§ 50-13-13(a)(6); 50-13-40(c).
Original Rule entitled "Hearings for the Professional Practices Commission" adopted as ER. 616-1-2-2-.15 0.. F. Mar. 23, 1995; eff. Apr. 1, 1995, as specified by the Agency.Amended: Permanent Rule entitled "Summary Determination" adopted. F. June 30, 1995; eff. July 20, 1995.Amended: F. Feb. 27, 1997; eff. Mar. 19, 1997.Amended: F. Dec. 12, 2003; eff. Jan. 1, 2004.Amended: F. Nov. 15, 2010; eff. Dec. 5, 2010.Amended: F. June 22, 2020; eff. July 12, 2020.Amended: F. May 18, 2022; eff. June 7, 2022.