party may move for summary disposition on all or any part of a claim of appeal
at any time. The motion must identify which of the following grounds supports
(a) The appellant has failed to
state a claim on which the commission can grant the requested relief.
(b) The controlling board has failed to state
a valid defense.
(c) There is no
genuine issue as to a material fact except as to the relief and the moving
party has the right to judgment as a matter of law.
(d) The commission lacks jurisdiction of the
(e) The claim of
appeal is untimely.
(f) The claim
of appeal cannot proceed because of some other disability of the appellant or
other disposition of the claim.
(2) The administrative law judge may consider
only the pleadings when the motion for summary disposition is under subrule
(1)(a) or (b) of this rule.
party filing a motion based on subrule (1)(c) of this rule shall file
supporting affidavits, depositions, admissions, or other documentary evidence
and the motion must specifically identify the issues as to which the moving
party believes there is no genuine issue of material fact. When considering a
motion under subrule (1)(c) of this rule, the administrative law judge shall
consider the supporting documents and the pleadings, depositions, admissions,
and documentary evidence then filed in the action or submitted by the parties.
If a party makes a motion under subrule (1)(c) of this rule and supports the
motion as provided in this subrule, an adverse party may not rest on the mere
allegation or denial of pleadings but shall, by affidavits, depositions,
admissions, or other documentary evidence, set forth specific facts showing
that there is a genuine issue for hearing. If the adverse party does not
respond, the administrative law judge shall enter summary disposition, if
appropriate. The administrative law judge shall enter summary disposition if
the pleadings show a partys entitlement to summary disposition as a matter of
law or if the affidavits or other proof shows that there is no genuine issue of
fact. If it appears that the opposing party, rather than the moving party, has
the right to summary disposition, the administrative law judge may enter
summary disposition in the opposing party's favor without a motion.
(4) The administrative law judge may order an
immediate hearing on disputed questions of fact and may enter summary
disposition if the proofs show that the moving party has the right to summary
disposition or the administrative law judge may postpone the hearing on the
motion until the hearing on the claim of appeal.
(5) If a motion for summary disposition is
under subrule (1)(a), (b), or (c) of this rule, the administrative law judge
shall give the parties an opportunity to amend their pleadings unless the
evidence before the administrative law judge shows that amendment would be