Compilation of Rules and Regulations of the State of Georgia
Department 590 - RULES OF OFFICE OF SECRETARY OF STATE
Chapter 590-4 - COMMISSIONER OF SECURITIES
Subject 590-4-6 - RULES GOVERNING ADMINISTRATIVE HEARINGS
Rule 590-4-6-.13 - Summary Determination

(1) Any party may move, based on supporting affidavits or other probative evidence, for a summary determination in its favor upon any of the issues being adjudicated on the basis that there is no genuine issue of material fact for determination. There shall be included in such motion, or annexed thereto, a short and concise statement of each of the material facts as to which the moving party contends there is no genuine issue for determination. Such a motion must be filed and served on all parties no later than ten (10) days after the filing of the prehearing order or thirty (30) days before the date set for hearing, whichever is later; provided that, upon good cause shown, the Hearing Officer may allow the motion to be filed at any time before the close of the hearing.

(2) Any party may file and serve a response to a motion for summary determination or a counter motion for summary determination within twenty (20) days after service of the motion for summary determination. The response shall include a short and concise statement of each of the material facts as to which it is contended there exists a genuine issue for determination.

(3) When a motion for summary determination is made and supported, as provided in this Rule, a party opposing the motion may not rest upon mere allegations or denials, but must show, by affidavit or other probative evidence, that there is a genuine issue of material fact to be determined in the hearing.

(4) Affidavits shall be made upon personal knowledge, shall set forth facts that would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated therein. Sworn or certified copies of all papers or parts thereof referred to in an affidavit shall be attached thereto and served therewith. Where facts necessary for summary determination are a matter of expert opinion, such facts may be resolved on the basis of uncontroverted affidavits or testimony of an expert.

(5) The Hearing Officer may set the motion for oral argument and call for the submission of proposed conclusions of law, findings of fact, and briefs. If the period required to rule upon the motion will extend beyond the date set for the hearing, the Hearing Officer may, on the Hearing Officer's own initiative, continue the hearing until the Hearing Officer rules upon the motion.

(6) The Hearing Officer may determine that the matter may better be resolved via an evidentiary hearing and is inappropriate for resolution by summary determination. If the Hearing Officer decides to deny a summary determination motion, the Hearing Officer shall notify the parties in writing of that determination.

(7) If all issues are decided by summary determination, no hearing will be held, and the Hearing Officer shall prepare his or her decision. If summary determination is denied, or if partial summary determination is granted, the Hearing Officer shall issue a memorandum opinion and order, interlocutory in nature, and the hearing will proceed on the remaining issues and factual matters still in dispute.