Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 22 - PROCEDURAL RULES › Subchapter J - SUMMARY PROCEEDINGS › Section 22.182 - Summary Decision

Current through Reg. 49, No. 28; July 12, 2024
(a) Motion for
				  summary decision. The presiding officer, on motion by any party, may grant a
				  motion for summary decision on any or all issues to the extent that the
				  pleadings, affidavits, materials obtained by discovery or otherwise,
				  admissions, matters officially noticed in accordance with §
										RSA
				  22.222 of this title (relating to Official
				  Notice), or evidence of record show that there is no genuine issue as to any
				  material fact and that the moving party is entitled to a decision in its favor,
				  as a matter of law, on the issues expressly set forth in the motion.
(b) Filing and contents of motion. Any party
				  to a proceeding may move for summary decision on any or all of the issues. The
				  motion must be filed before the close of the hearing on the merits or before
				  the issuance of a proposal for decision or proposed order if no hearing is
				  held, unless the time to file is extended by order of the presiding officer.
				  The party filing the motion shall demonstrate that the issue or issues may be
				  resolved by summary decision in accordance with the standard set forth in
				  subsection (a) of this section. Affidavits in support of the motion shall be
				  based on personal knowledge and shall set forth such facts as would be
				  admissible in evidence. A motion for summary decision shall specifically
				  describe the facts upon which the request for summary decision is based, the
				  information and materials which demonstrate those facts, and the laws or legal
				  theories that entitle the movant to summary decision.
(c) Response to motion. Any response to a
				  motion for summary decision shall be filed within the time set by the presiding
				  officer. A party opposing the motion shall show, by affidavits, materials
				  obtained by discovery or otherwise, admissions, matters officially noticed, or
				  evidence of record, that there is a genuine issue of material fact for
				  determination at the hearing, or that summary decision is inappropriate as a
				  matter of law.
(d) Hearing on the
				  motion. If appropriate, the presiding office shall set the motion for
				  hearing.
(e) No further hearing. No
				  further evidentiary hearing shall be held on issues for which summary decision
				  has been granted.
(f) Action on the
				  motion by administrative law judge. The administrative law judge must issue a
				  proposal for decision if all issues will be resolved by summary decision. The
				  administrative law judge may issue an interim order or a proposal for interim
				  decision if some, but not all, issues will be resolved by summary decision.
				  Such a partial summary decision may result if the motion for summary decision
				  does not include all issues or, if the motion does include all issues, the
				  administrative law judge grants summary decision on some issues and denies
				  summary decision on other issues. Parties may file exceptions and replies to
				  exceptions to a proposal for interim decision recommending resolution of issues
				  by summary decision. An interim order issued by the administrative law judge
				  granting partial summary decision is subject to appeal or reconsideration under
				  §
										RSA
				  22.123 of this title (relating to Appeal of
				  an Interim Order and Motions for Reconsideration of Interim Order Issued by the
				  Commission).
(g) Action on the
				  motion by the commission. If all issues will be resolved by summary decision,
				  the commission will issue an order that is subject to motions for rehearing
				  under §
										RSA 22.264
				  of this title (relating to Motions for Rehearing). An interim order issued by
				  the commission granting partial summary decision is subject to reconsideration
				  under §
										RSA
				  22.123 of this title.