Ala. Admin. Code r. 880-X-5A-.20 - Summary Decisions

(1) At any time after a proceeding has begun a party may move for summary decision of the whole or part of a case.

(2) The moving party under this section shall verify any allegations of fact with supporting affidavits, unless the moving party is relying upon depositions, answers to interrogatories, admissions, or documents produced upon request to verify such allegations.

(3) The hearing officer may grant a motion under this Rule if the record, including the pleadings, depositions, answers to interrogatories, admissions, and affidavits, shows that --

(a) There is no disputed issue as to any material fact; and

(b) The moving party is entitled to summary decision as a matter of law.

(4) If a motion for summary decision is not granted for the entire case or for all the relief requested and an evidentiary hearing is necessary, the hearing officer shall, if practicable, and upon examination of all relevant documents and evidence before him, ascertain what material facts are actually and in good faith controverted. He shall thereupon, issue an order specifying the facts that appear without substantial controversy and direct such further proceedings as deemed appropriate.

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Ala. Admin. Code r. 880-X-5A-.20

Statutory Authority: Code of Ala. 1975 , §§ 9-16-71, 72, 73, 74, 75, 77, 78, 79, 88, 89, 93, 94, 96.