SECTION 357.496. Summary disposition

(a) The judge may issue a proposal for decision or final order without an evidentiary hearing if the judge determines that:

(1) there is no genuine issue as to any material fact; and

(2) a party is entitled to a decision in its favor as a matter of law.

(b) A party seeking summary disposition shall file a motion in accordance with §357.491 of this title (relating to Motions). The motion shall contain the specific grounds, including:

(1) the applicable law; and

(2) the material facts that the moving party contends are undisputed, with specific reference to the supporting evidence.

(c) A party opposing a motion for summary disposition shall file a response in accordance with §357.491 of this title. The response shall contain the specific grounds, including:

(1) a statement of each material fact claimed by the opposing party to be disputed;

(2) a specific reference to the supporting evidence; and

(3) any dispute regarding the movant's assertion of what is the applicable law.

Source Note: The provisions of this §357.496 adopted to be effective June 20, 2007, 32 TexReg 3544