Mich. Admin. Code R. 423.165 - Motion for summary disposition
Rule 165.
(1) The
commission or administrative law judge designated by the commission may, on its
own motion or on a motion by any party, order dismissal of a charge or issue a
ruling in favor of the charging party. Such a motion, or order to show cause,
may be made at any time before or during the hearing.
(2) A motion for summary disposition made
under this rule may be based upon 1 or more of the following reasons and may
require a supporting affidavit:
(a) The
commission lacks jurisdiction over a party.
(b) The commission lacks jurisdiction over
the subject matter of the charge.
(c) The charge is barred because of the
expiration of the applicable period of limitations.
(d) The charging party has failed to state a
claim upon which relief can be granted.
(e) The respondent has filed a pleading that
demonstrates it does not have a valid defense to the charge.
(f) Except as to the relief sought, there is
no genuine issue of material fact.
(g) A charge or defense to a charge has been
abandoned for failure to appear for hearing or pre-hearing
conference.
(h) A party fails to
timely respond to a dispositive motion or a show cause order or other order,
including an order requiring the filing of a pre-hearing position statement or
a post-hearing brief.
(3) If the motion for summary disposition is
filed before the hearing, then the commission or administrative law judge
designated by the commission may issue an order to the nonmoving party to show
cause why summary disposition should not be granted. If a response to the order
is not filed in a timely manner, then the motion shall be considered and
decided without oral argument.
(4)
If the motion for summary disposition is denied, or if the proposed decision
and order does not dispose of the entire action or grant all of the relief
demanded, then the action shall proceed to hearing according to part 7 of these
rules.
Notes
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