A party may file a motion for summary judgment in the manner provided in Rule 166a, Texas Rules of Civil Procedure, at any time after a contested case has been filed. The party shall serve the motion for summary judgment on opposing parties at least 21 days before it may be acted upon by the administrative law judge. Opposing parties shall serve any responses, counter motions, affidavits, or other materials at least seven days before the administrative law judge hears the original motion for summary judgment. If, after hearing the motion, the administrative law judge does not render summary judgment upon the whole case or for all the relief asked, the administrative law judge shall ascertain what material facts exist without substantial controversy and what material facts are actually and in good faith controverted. The administrative law judge shall then enter findings on the uncontroverted facts and shall direct such additional proceedings as are necessary to fully dispose of the case. The administrative law judge may impose sanctions if the administrative law judge finds that a party has presented an affidavit in bad faith or solely for the purpose of delay. In the event a summary judgment is appropriate on all issues, the administrative law judge shall expeditiously prepare a proposal for decision and proposed order for circulation to the parties for exceptions and then to the agency head for approval as in other cases. If the administrative law judge does not render summary judgment upon the whole case, the proposal for decision and proposed order will not be issued with regard to the uncontested issues until the contested issues have also been decided.

Source Note:The provisions of this §9.23 adopted to be effective November 13, 1997, 22 TexReg 10951.