Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-4 - COMMISSIONER OF SECURITIES › Subject 590-4-6 - RULES GOVERNING ADMINISTRATIVE HEARINGS › Rule 590-4-6-.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 Hearing Officer may allow the motion to 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 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.
				  10-5-10,   10-5-16,   10-5-70,   10-5-71,   10-5-73,   10-5-74,   50-13-13,   50-13-17.