Mich. Admin. Code R. 38.155 - Motion for summary disposition

Current through Vol. 22-05, April 1, 2022

Rule 25.

(1) A 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 the motion:
(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 subject matter.
(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.
(3) A 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 futile.

Notes

Mich. Admin. Code R. 38.155
1998-2000 AACS; 2020 MR 3, Eff. 2/6/2020

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