Section 9.23 - Summary Judgment(a) At any time after a notice of hearing is issued, a party may move for a summary judgment on all or any part of a claim or defense.(b) Except as set out in this section, the finance commission agencies adopt, by reference, the summary judgment procedure in Rule 166a, Texas Rules of Civil Procedure. In addition, the following requirements shall also apply: (1) The administrative law judge shall hear oral argument on all motions for summary judgment unless the judge expressly waives this requirement.(2) Before filing the motion, the party moving for summary judgment, in consultation with the administrative law judge's clerk, must schedule the motion for submission on oral argument at least 21 days after the date on which it is filed. If there is an applicable statutory deadline by which the agency must hold a hearing, the submission date must be within the deadline unless it has been waived by both parties.(3) The party moving for summary judgment must serve on all opposing parties, with a copy of the motion for summary judgment, a notice containing the following information: (A) the time, date, and place when the administrative law judge will hear oral argument on the motion;(B) disclosure that any party opposing the motion must file affidavits, other written material, and any cross-claims or counterclaims, with the administrative law judge by the close of business seven days before the date of submission on oral argument;(C) disclosure that the administrative law judge may take the allegations in the motion as true unless contested by opposing parties through affidavits or other written material; and(D) disclosure that the administrative law judge will not hear any oral testimony related to the motion.(4) If one of the agencies files the motion for summary judgment, the agency head or the administrative law judge must sign the notice.(5) In the administrative law judge's discretion, the judge may set the motion for summary judgment on the same date as an evidentiary hearing scheduled in the cause which is the subject of the motion for summary judgment.(6) The administrative law judge's proposal for decision recommending summary judgment shall be circulated for exceptions, replies to exceptions, and the filing of briefs before it is sent to the agency heads in compliance with § RSA 9.34 of this title (relating to Post-hearing Proceedings).7 Tex. Admin. Code § 9.23
The provisions of this §9.23 adopted to be effective August 28, 2008, 33 TexReg 6809