Ga. Comp. R. & Regs. R. 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.
Notes
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