618.1 The Administrative Judge may, after notifying the parties and giving them an opportunity to submit additional evidence or legal argument, render a summary disposition of the matter without further proceedings if, upon examination of the record in an appeal, it appears that:

(a) There are no material and genuine issues of fact;

(b) A party is entitled to a decision as a matter of law; or

(c) The appeal fails to state a claim upon which relief can be granted.

618.2 An Administrative Judge may render a summary disposition either sua sponte, after notice under § 618.1, or upon motion of a party.

SOURCE: As amended by Final Rulemaking published at 46 DCR 9297 (November 19, 1999); as amended by Notice of Final Rulemaking published at 59 DCR 2129, 2139 (March 16, 2012); as amended by Final Rulemaking published at 69 DCR 000298 (January 14, 2022).