(a) Any party may, at least twenty (20) days before the date fixed
for any hearing, move with or without supporting affidavits for a
summary decision on all or any part of the proceeding. Any other party
may, within ten (10) days after service of the motion, serve opposing
affidavits or countermove for summary decision. The administrative law
judge may set the matter for argument and/or call for submission of
briefs.
(b) Filing of any documents under paragraph (a) of this section
shall be with the administrative law judge, and copies of such documents
shall be served on all parties.
(c) Any affidavits submitted with the motion shall set forth such
facts as would be admissible in evidence in a proceeding subject to 5
U.S.C. 556 and 557 and shall show affirmatively that the affiant is
competent to testify to the matters stated therein. When a motion for
summary decision is made and supported as provided in this section, a
party opposing the motion may not rest upon the mere allegations or
denials of such pleading. Such response
must set forth specific facts showing that there is a genuine issue of
fact for the hearing.
(d) The administrative law judge may enter summary judgment for
either party if the pleadings, affidavits, material obtained by
discovery or otherwise, or matters officially noticed show that there is
no genuine issue as to any material fact and that a party is entitled to
summary decision. The administrative law judge may deny the motion
whenever the moving party denies access to information by means of
discovery to a party opposing the motion.
