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 § 357.496

Current through Reg. 50, No. 13; March 28, 2025

(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 § 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 § 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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