SECTION 310:2-21-31. Summary adjudication and resolution

(a)   General. The tribunal may resolve any dispute or controversy by full or partial summary adjudication when the tribunal is satisfied that there is no reasonable dispute as to a material fact, or the reasonable inferences that may be drawn from material facts, or if only questions of law are involved. A final agency order rendered as a result of this section must contain findings of fact and conclusions of law as required by 75 O.S.§ 312 and include special findings of fact supporting the tribunal's determination that there is no reasonable dispute as to a material fact, the reasonable inferences that may be drawn from the material facts, or if only questions of law are involved. If the tribunal's summary adjudication and resolution does not dispose of all the issues pending in the action then it must recite the issues remaining for determination in its decision granting partial summary relief.

(b)   Procedure. The motion for summary adjudication and resolution may be filed by Respondent at any time after commencement of the action and by Petitioner at any time after twenty (20) days have passed from commencement of the action or after Respondent serves a motion for summary adjudication and resolution. The motion may be filed with or without supporting affidavits or other admissible evidence on all or part of the claims or defenses at issue in the proceeding. The motion must be served on the opposing party at least ten (10) days before the day set for the hearing on the merits. An opposing party may serve opposing affidavits or other admissible evidence before the hearing day. The facts and issues determined by the tribunal to not be at issue and resolved by a summary decision must be treated as established in the action.

(c)   Affidavits and testimony. A supporting or opposing affidavit must be made on personal knowledge, set out facts that would be admissible into evidence according to 75 O.S. § 310, and show that the affiant is competent to testify on the matters stated. If a paper or part of a paper is referred to in an affidavit, a sworn or certified copy must be attached to or served with the affidavit. The tribunal may permit an affidavit to be supplemented or opposed by admissions, depositions, answers to interrogatories, or additional affidavits. When a motion for summary adjudication and resolution is properly made and supported, an opposing party may not rely merely on allegations or denials in its own pleadings; rather, its response must, by affidavits or as otherwise provided in this rule, set out specific facts showing a genuine issue for hearing or further proceeding. If the opposing party does not so respond, a summary decision should, if appropriate, be entered against that party.

(d)   When affidavits are unavailable. If a party opposing the motion shows by affidavit that, for specified reasons, it cannot present facts essential to justify its opposition, the tribunal may deny the motion, order a continuance to enable affidavits to be obtained, depositions to be taken, or other discovery to be undertaken or issue any other just order.

[Source: Added at 27 Ok Reg 2496, eff 7-25-10]