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(a) If determined by the hearing officer to be appropriate for focussing or narrowing the issues for an adjudicatory hearing, a party may move for a summary determination in that party's favor upon any of the issues being adjudicated on the basis that there is no genuine issue of material fact for determination. This motion shall be filed at least 45 days before the date set for the hearing, except that upon good cause shown the motion may be filed at any time before the close of the hearing.
(b) Any other party may, within 30 days after service of the motion, file and serve a response to it or a counter motion for summary determination. If a motion for summary determination is made and supported, a party opposing the motion may not rest upon mere allegations or denials but must show, by affidavit or by other materials subject to consideration by the hearing officer, that there is a genuine issue of material fact for determination at the hearing.
(c) Affidavits must
(1) be made on personal knowledge;
(2) set out facts that would be admissible in evidence; and
(3) show affirmatively that the affiant is competent to testify to the matters stated in the affidavit.
(d) The hearing officer may set the matter for oral argument and call for the submission of proposed findings, conclusions, briefs, or memoranda of law. The hearing officer shall rule on the motion not more than 30 days after the date responses to the motion are filed under (b) of this section, or all argument and filings completed under this subsection, whichever is later.
(e) If all factual issues are decided by summary determination, a hearing may not be held and the hearing officer shall prepare a decision under 18 AAC 15.300. If summary determination is denied or if partial summary determination is granted, the hearing officer shall issue a memorandum opinion and order, and shall proceed with the hearing on the remaining issues.
(f) If it appears from the affidavits of a party opposing a motion for summary determination that the party cannot for reasons stated present, by affidavit or otherwise, facts essential to justify the opposition, the hearing officer may deny the motion or order a continuance to allow time for additional affidavits or other information to be obtained.
History: Eff. 7/11/2002, Register 163
Authority: AS 46.03.020
AS 46.35.090 (e)
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Last modified 7/05/2006