Section R. 792.11610 - Motion for summary dispositionRule 1610.
(1) A party may move for summary disposition on all or any part of the claim at any time. The motion shall state that the moving party is entitled to summary disposition on 1 or more of the following grounds and shall specify the grounds on which the motion is based:(a) The petitioner has failed to state a claim upon which relief can be granted.(b) There is no genuine issue as to a material fact, except as to the relief to be granted.(c) The board lacks jurisdiction of the subject matter.(d) The claim or defense is barred because it is untimely.(e) The claim or defense is barred because of some other legal impediment or other disposition of the claim.(2) If the motion for summary disposition is based on subrule (1)(a) of this rule, then only pleadings may be considered. A motion based on subrule (1)(b), (c), (d) or (e) of this rule shall be supported by affidavits or other documentary evidence and shall specifically identify the issues on which the moving party believes there is no genuine issue of material fact. The affidavits, together with the pleadings and documentary evidence then filed in the action, or submitted by the parties, shall be considered. If a motion is made under subrule (1)(b) of this rule and supported as provided in this rule, then an adverse party shall, by affidavits or otherwise provided in this rule, set forth specific facts showing that there is a genuine issue for hearing.(3) An administrative law judge shall rule on a motion for summary disposition in a proposal for decision.Mich. Admin. Code R. 792.11610
2015 MR 1, Eff. Jan. 15, 2015