Ga. Comp. R. & Regs. R. 120-2-2-.26 - Summary Decision

1. Any party may, after commencement of the adjudication and at least 30 days before the date fixed for the hearing, move with or without supporting affidavits for full or partial summary decision in her/his favor. Any other party may, within 20 days after service of the motion, serve opposing affidavits or counter-move for full or partial summary decision. The Adjudicator has discretion to set the matter for argument and call for the submission of briefs.

2. Affidavits, if any, must set forth such facts as would be admissible in evidence and must show affirmatively that the affiant is competent to testify to the matters stated therein.

3. When a motion for summary decision is made and supported as provided in this rule, a party opposing the motion must set forth specific facts, by affidavits or as otherwise provided in this rule, showing that there is a genuine issue of material fact for the hearing. If a party opposing the motion declares via affidavit the reasons why that party cannot present, by affidavit or other evidence, facts essential to justify her/his opposition, the Adjudicator may deny the motion for summary decision or may order a continuance to permit affidavits or other evidence to be obtained or may make such other order as is just.

4. The Adjudicator may grant summary decision if the filed documents, affidavits, material obtained by discovery or otherwise, or matters officially noted show that there is no genuine issue as to any material fact and that a party is entitled to a summary decision.

5. The Adjudicator shall rule on a motion for summary determination in writing.

6. A ruling on all or any part of a motion for summary decision is not subject to interlocutory review, except to the extent such a ruling qualifies for interlocutory review as provided in Rule 120-2-2-.45 (Interlocutory Review).

Notes

Ga. Comp. R. & Regs. R. 120-2-2-.26

O.C.G.A. § 33-2-9et seq.

Original Rule entitled "Rating Division" adopted. F. and eff. July 20, 1965. Amended: F. Dec. 3, 1965; eff. Dec. 22, 1965. Repealed: New Rule entitled "Rating Division Regulations" adopted. F. Jan. 13, 1971; eff. Feb. 2, 1971 Editor's Note: In accordance with Ga. Laws 1967, p. 618, Ga. Code Ann., Section 3A-124, the content of this Rule is not filed with or published by the Secretary of State; only the name and designation is filed, printed, and distributed. This Regulation is on file in the office of the Comptroller General and is open for public examination and copying. (See Editor's Note, p. 88.03.) Repealed: New Rule entitled "Summary Decision" adopted. F. Dec. 13, 2019; eff. Jan. 1, 2020, as specified by the Agency.