California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 1.25 - Administrative Procedures-Hearings › Article 3 - Administrative Hearing Procedures for Review of Complaints › Subarticle 5 - Prehearing Procedures › Section 60065.29 - Motions for Summary Determination of Issues

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any party may file a motion for summary
						judgment or summary adjudication of the issues. Such motions shall include
						supporting legal argument, and where necessary, affidavits showing that there
						is no genuine issue of material fact for determination regarding the identified
						issues. A party opposing such a motion shall show by affidavit or other
						documentation that a genuine issue of material fact as to the issues raised
						exists. After reviewing the motion and response of the parties, the
						administrative record, and any arguments of the parties, the hearing officer
						shall determine whether a genuine issue of material fact as to the issues
						exists and whether a party is entitled to judgment on the issue(s) as a matter
						of law.
(b) If, upon considering a
						motion under subparagraph (c), the hearing officer determines that a party is
						entitled to summary judgment on the issue(s) as a matter of law, the hearing
						officer shall issue a written decision or order that sets forth necessary
						findings of fact and conclusions of law regarding all matters that were at
						issue. In a complaint proceeding, if the hearing officer decision finds the
						respondent to be in violation, the hearing officer shall follow the penalty
						assessment criteria set forth in section
						60065.40.
(c) Should it appear from the affidavits of a
						party opposing the motion that the party cannot, for reasons stated, present by
						affidavit facts essential to justify the party's opposition, the hearing
						officer may deny the motion or may grant a continuance to permit affidavits to
						be obtained or to permit such additional discovery as provided under these
						procedures.
(d) The hearing officer
						shall deny a request for summary determination of the issue(s) if he or she
						finds the administrative record, including any evidence presented by the
						parties as part of this motion, present a genuine issue of material fact. If
						the hearing officer denies a request for summary determination, or denies such
						a request in part, the hearing officer shall promptly issue to each party a
						written ruling as to the existence of a genuine issue of material fact on the
						issue(s) and the reasons for the ruling. The matter shall continue to be set
						for hearing on all issues for which a genuine issue of material fact
						exists.
1. New
						  section filed 9-1-99; operative 10-1-99 (Register 99, No. 36).
2.
						  Amendment of NOTE filed 9-4-2003; operative 10-4-2003 (Register 2003, No.
						  36).
Note: Authority cited: Sections
							 39600,
							 39601,
							 42410,
							 43023,
							 43028
							 and
							 43031(a),
							 Health and Safety Code. Reference: Mathews v. Eldridge,
							 424 U.S.
							 319 (1976); and Sections
							 42410,
							 43023,
							 43028
							 and
							 43031(a),
							 Health and Safety Code.