Section 792.10129. Summary disposition.

(1) A party may make a motion for summary disposition of all or part of a proceeding. When an administrative law judge does not have final decision authority, he or she may issue a proposal for decision granting summary disposition on all or part of a proceeding if he or she determines that that any of the following exists:

(a)    There is no genuine issue of material fact.

(b)    There is a failure to state a claim for which relief may be granted.

(c)    There is a lack of jurisdiction or standing.

(2)   If the administrative law judge has final decision authority, he or she may determine the motion for summary decision without first issuing a proposal for decision.

(3)   If the motion for summary disposition is denied, or if the decision on the motion does not dispose of the entire action, then the action shall proceed to hearing.

(4)   In hearings held under the occupational code, 1980 PA 229, MCL 339.101 to 339.2919, the administrative law judge shall not issue an order of summary disposition.

(5)   In hearings held under the worker’s disability compensation act of 1969, 1969 PA 317, MCL 418.101 to 418.941, the administrative law judge or magistrate shall not issue an order of summary disposition pursuant to subrule (1)(a) of this rule.

History: 2015 AACS.