Iowa Admin. Code r. 875-5.22 - [Effective 1/15/2025] Motion for summary decision
(1)
Any party may, at least 20 days before the date fixed for any hearing, move
with or without supporting affidavits for a summary decision in favor of the
moving party on all or any part of the proceeding. Any other party may, within
ten days after service of the motion, serve opposing affidavits or countermove
for summary decision. The hearing examiner may discretionarily set the matter
for argument and call for the submission of briefs.
(2) The filing of any documents under subrule
5.22(1) shall be with the commissioner, and copies of any such documents shall
be served in accordance with rule
875-5.15 (88).
(3) The hearing examiner may grant the motion
if the pleadings, affidavits, material obtained by discovery or otherwise
obtained, or matters officially noticed show that there is no genuine issue as
to any material fact and that a party is entitled to summary decision. The
hearing examiner may deny such motion whenever the moving party denies access
to information by means of discovery to a party opposing the motion.
(4) Affidavits shall set forth such facts as
would be admissible in evidence in the hearing and show affirmatively that the
affiant is competent to testify to the matters stated therein. When a motion
for summary decision is made and supported as provided in this rule, a party
opposing the motion may not rest upon the mere allegations or denials of its
own pleading. The response of the party opposing the motion must set forth
specific facts showing that there is a genuine issue of fact for the
hearing.
(5) Should it appear from
the affidavits of a party opposing the motion that the opposing party cannot
for reasons stated present by affidavit facts essential to justify the
opposition, the hearing examiner may deny the motion for summary decision or
may order a continuance to permit affidavits to be obtained or discovery to be
had or may make such other order as is just.
Notes
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