California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 1.25 - Administrative Procedures-Hearings › Article 4 - Administrative Hearing Procedures for Review of Citations › Subarticle 6 - Resolution of Proceeding Without Hearing › Section 60075.25 - 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 as to liability 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 as to liability as a matter of law, the hearing
						officer shall issue a written order or decision that sets forth necessary
						findings of fact and conclusions of law regarding all matters that were at
						issue. If the decision finds liability, the hearing officer shall follow the
						penalty assessment criteria set forth in section
						60075.39.
(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 grant a continuance to permit affidavits to be
						obtained, or to permit discovery as provided under these procedures.
(d) The hearing officer shall deny a request
						for summary determination of liability 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 as to liability 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 11-27-91; operative 11-27-91 pursuant to Government Code section
						  11346.2(d)
						  (Register 92, No. 8).
2. Renumbering of former section
						  60075.25 to section
						  60075.27 and new section
						  60075.25 filed 9-1-99; operative
						  10-1-99 (Register 99, No. 36).
3. Amendment of NOTE filed 9-4-2003;
						  operative 10-4-2003 (Register 2003, No. 36).
Note: Authority cited: Sections
							 39600,
							 39601,
							 42410,
							 43023,
							 43028,
							 43031(a)
							 and
							 44011.6(m),
							 Health and Safety Code. Reference: Mathews v. Eldridge,
							 424 U.S.
							 319 (1976); and Sections
							 42410,
							 43023,
							 43028,
							 43031(a)
							 and
							 44011.6,
							 Health and Safety Code.