Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 21 - Rules of Procedure Governing Individual Proceedings › Section 310:2-21-31 - Summary adjudication and resolution

Current through Vol. 41, No. 20, July 1, 2024
(a)
General.
The tribunal may
				resolve any dispute or controversy by full or partial summary adjudication when
				the tribunal is satisfied that there is no reasonable dispute as to a material
				fact, or the reasonable inferences that may be drawn from material facts, or if
				only questions of law are involved. A final agency order rendered as a result
				of this section must contain findings of fact and conclusions of law as
				required by 75 O.S. §
									312
				and include special findings of fact supporting the tribunal's determination
				that there is no reasonable dispute as to a material fact, the reasonable
				inferences that may be drawn from the material facts, or if only questions of
				law are involved. If the tribunal's summary adjudication and resolution does
				not dispose of all the issues pending in the action then it must recite the
				issues remaining for determination in its decision granting partial summary
				relief.
(b)
Procedure.
The motion for summary adjudication and resolution may be filed by Respondent
				at any time after commencement of the action and by Petitioner at any time
				after twenty (20) days have passed from commencement of the action or after
				Respondent serves a motion for summary adjudication and resolution. The motion
				may be filed with or without supporting affidavits or other admissible evidence
				on all or part of the claims or defenses at issue in the proceeding. The motion
				must be served on the opposing party at least ten (10) days before the day set
				for the hearing on the merits. An opposing party may serve opposing affidavits
				or other admissible evidence before the hearing day. The facts and issues
				determined by the tribunal to not be at issue and resolved by a summary
				decision must be treated as established in the action.
(c)
Affidavits and testimony.
A
				supporting or opposing affidavit must be made on personal knowledge, set out
				facts that would be admissible into evidence according to 75 O.S. §
									310, and
				show that the affiant is competent to testify on the matters stated. If a paper
				or part of a paper is referred to in an affidavit, a sworn or certified copy
				must be attached to or served with the affidavit. The tribunal may permit an
				affidavit to be supplemented or opposed by admissions, depositions, answers to
				interrogatories, or additional affidavits. When a motion for summary
				adjudication and resolution is properly made and supported, an opposing party
				may not rely merely on allegations or denials in its own pleadings; rather, its
				response must, by affidavits or as otherwise provided in this rule, set out
				specific facts showing a genuine issue for hearing or further proceeding. If
				the opposing party does not so respond, a summary decision should, if
				appropriate, be entered against that party.
(d)
When affidavits are
				unavailable.
If a party opposing the motion shows by affidavit that, for
				specified reasons, it cannot present facts essential to justify its opposition,
				the tribunal may deny the motion, order a continuance to enable affidavits to
				be obtained, depositions to be taken, or other discovery to be undertaken or
				issue any other just order.
Added at 27 Ok Reg 2496,
				  eff 7-25-10