Mich. Admin. Code R. 792.10129

Current through Vol. 24-22, December 15, 2024

Section R. 792.10129 - Summary disposition

Rule 129.

(1) A party may move for dismissal of or judgment. The motion may be based on 1 or more of the following grounds:

(a) No genuine issue of material fact.

(b) A failure to state a claim for which relief may be granted.

(c) A lack of jurisdiction or standing.

(2) If the administrative law judge has final decision authority, the motion may be determined without first issuing a proposal for decision.

(3) If an administrative law judge does not have final decision authority, the judge may issue an order denying the motion without first issuing a proposal for decision or may issue a proposal for decision granting the motion.

(4) If the motion for summary disposition is denied, or if the decision on the motion does not dispose of the entire action, then the action must proceed to hearing.

(5) In hearings held under the occupational code, 1980 PA 299, MCL 339.101 to 339.2677, the administrative law judge may not issue an order of summary disposition.

Mich. Admin. Code R. 792.10129

2015 AACS; 2023 MR 19, Eff. 9/29/2023