1. (a) Final decision or proposal for decision on summary disposition. The judge may issue a final decision or a proposal for decision on all or part of a contested case without an evidentiary hearing. The evidence must show that there is no genuine issue as to any material fact and that a party is entitled to a decision in its favor as a matter of law.

2. (b) Motions: deadlines, content, and format.

   1. (1) A motion for summary disposition must be filed at least 30 days before the hearing on the merits unless otherwise ordered by the judge.
   2. (2) A motion shall include a separate statement that sets forth plainly and concisely all material facts that the moving party contends are undisputed.
   3. (3) Each of the material facts stated to be undisputed shall be followed by a clear and specific reference to the supporting evidence.
   4. (4) A party's failure to comply with these requirements may constitute sufficient grounds for denial of the motion.

3. (c) Motions: summary disposition evidence.

   1. (1) A party's motion for summary disposition may be based on pleadings, affidavits, materials obtained by discovery, matters officially noticed, stipulations, authenticated or certified public, business, or medical records, or other admissible evidence.

   2. (2) Relevant portions of materials obtained by discovery may be relied upon to support or oppose a motion for summary disposition if:

      1. (A) copies are filed with the motion or response; and
      2. (B) a notice containing specific reference to the materials is served on all parties.

4. (d) Responses to motions: deadlines, content, and format.

   1. (1) A response to a motion shall be filed within 14 days of receipt of the motion.

   2. (2) The response shall include a separate statement that:

      1. (A) addresses each of the material facts contended by the moving party to be undisputed; and
      2. (B) indicates whether the responding party agrees or disagrees that the facts are undisputed.
   3. (3) The response shall set forth plainly and concisely any other material facts that the responding party contends are disputed.
   4. (4) Each of the material facts claimed by the responding party to be disputed shall be followed by a clear and specific reference to the supporting evidence.
   5. (5) The response shall also include objections to the form of the motion and to the evidence.

5. (e) Movant's reply to response.

   1. (1) The movant's reply to the response shall be filed within seven days of receipt of the response.
   2. (2) The reply shall include objections to the form of the response and to the evidence.

Source Note:The provisions of this §155.505 adopted to be effective November 26, 2008, 33 TexReg 9451.