Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-3 - CEMETERIES, PRENEED DEALERS, AND MERCHANDISE DEALERS › Subject 590-3-7 - ADMINISTRATIVE HEARINGS › Rule 590-3-7-.13 - Summary Determination

Current through Rules and Regulations filed through June 27, 2024
(1) Any party may move, based on supporting
				affidavits or other probative evidence, for a summary determination in its
				favor upon any of the issues being adjudicated on the basis that there is no
				genuine issue of material fact for determination. There shall be included in
				such motion, or annexed thereto, a short and concise statement of each of the
				material facts as to which the moving party contends there is no genuine issue
				for determination. Such a motion must be filed and served on all parties no
				later than ten (10) days after the filing of the prehearing order or thirty
				(30) days before the date set for hearing, whichever is later; provided that,
				upon good cause shown, the motion may be filed at any time before the close of
				the hearing.
(2) Any party may file
				and serve a response to a motion for summary determination or a counter motion
				for summary determination within twenty (20) days after service of the motion
				for summary determination. The response shall include a short and concise
				statement of each of the material facts as to which it is contended there
				exists a genuine issue for determination.
(3) When a motion for summary determination
				is made and supported, as provided in this Rule, a party opposing the motion
				may not rest upon mere allegations or denials, but must show, by affidavit or
				other probative evidence, that there is a genuine issue of material fact to be
				determined in the hearing.
(4)
				Affidavits shall be made upon personal knowledge, shall set forth facts that
				would be admissible in evidence, and shall show affirmatively that the affiant
				is competent to testify to the matters stated therein. Sworn or certified
				copies of all papers or parts thereof referred to in an affidavit shall be
				attached thereto and served therewith. Where facts necessary for summary
				determination are a matter of expert opinion, such facts may be resolved on the
				basis of uncontroverted affidavits or testimony of an expert.
(5) The Hearing Officer may set the motion
				for oral argument and call for the submission of proposed conclusions of law,
				findings of fact, and briefs. If the period required to rule upon the motion
				will extend beyond the date set for the hearing, the Hearing Officer may, on
				the Hearing Officer's own initiative, continue the hearing until the Hearing
				Officer rules upon the motion.
(6)
				The Hearing Officer may determine that the matter may better be resolved via an
				evidentiary hearing and is inappropriate for resolution by summary
				determination. If the Hearing Officer decides to deny a summary determination
				motion, the Hearing Officer shall notify the parties in writing of that
				determination.
(7) If all factual
				issues are decided by summary determination, no hearing will be held, and the
				Hearing Officer shall prepare his or her decision. If summary determination is
				denied, or if partial summary determination is granted, the Hearing Officer
				shall issue a memorandum opinion and order, interlocutory in nature, and the
				hearing will proceed on the remaining issues and factual matters still in
				dispute.
O.C.G.A. Secs.
				  10-14-14,   10-14-23.