2 AAC 64.250 - Summary adjudication

(a) A party may, by motion, request summary adjudication on one or more of the issues in an administrative hearing if a genuine dispute does not exist between the parties on an issue of material fact. The motion may be filed in writing as provided in a prehearing order or may be made orally, on the record, at the hearing. On a written motion, the other parties may respond in writing within the time set by 2 AAC 64.270 unless the administrative law judge orders another time or manner of response. On an oral motion, the other parties may respond within the time and in the manner prescribed by the administrative law judge. The administrative law judge may deny a motion made at or shortly before the hearing if the other parties cannot be given an adequate opportunity to respond without unduly delaying the hearing or the timely resolution of the case.

(b) If a motion for summary adjudication is supported by an affidavit or other documents establishing that a genuine dispute does not exist on an issue of material fact, to defeat the motion a party may not rely on mere denial but must show, by affidavit or other evidence, that a genuine dispute exists on an issue of material fact for which an evidentiary hearing is required.

Notes

2 AAC 64.250

Eff. 7/2/2006, Register 178

Authority:AS 44.64.020

AS 44.64.040

AS 44.64.060