Texas Administrative Code
Title 1 - ADMINISTRATION
Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION
Chapter 357 - HEARINGS
Subchapter I - HEARINGS UNDER THE ADMINISTRATIVE PROCEDURE ACT
Section 357.496 - Summary disposition
Universal Citation: 1 TX Admin Code ยง 357.496
Current through Reg. 49, No. 38; September 20, 2024
(a) The judge may issue a proposal for decision or final order without an evidentiary hearing if the judge determines that:
(1) there is no
genuine issue as to any material fact; and
(2) a party is entitled to a decision in its
favor as a matter of law.
(b) A party seeking summary disposition shall file a motion in accordance with § RSA 357.491 of this title (relating to Motions). The motion shall contain the specific grounds, including:
(1) the applicable law;
and
(2) the material facts that the
moving party contends are undisputed, with specific reference to the supporting
evidence.
(c) A party opposing a motion for summary disposition shall file a response in accordance with § RSA 357.491 of this title. The response shall contain the specific grounds, including:
(1) a statement of each material fact claimed
by the opposing party to be disputed;
(2) a specific reference to the supporting
evidence; and
(3) any dispute
regarding the movant's assertion of what is the applicable law.
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