R 423.165 Motion for summary disposition.

Rule 165. (1) The commission or administrative law judge designated by the commission may, on its own motion or on a motion by any party, order dismissal of a charge or issue a ruling in favor of the charging party. Such a motion, or order to show cause, may be made at any time before or during the hearing. (2) A motion for summary disposition made under this rule may be based upon 1 or more of the following reasons and may require a supporting affidavit: (a) The commission lacks jurisdiction over a party. (b) The commission lacks jurisdiction over the subject matter of the charge. (c) The charge is barred because of the expiration of the applicable period of limitations. (d) The charging party has failed to state a claim upon which relief can be granted. (e) The respondent has filed a pleading that demonstrates it does not have a valid defense to the charge. (f) Except as to the relief sought, there is no genuine issue of material fact. (g) A charge or defense to a charge has been abandoned for failure to appear for hearing or pre-hearing conference. (h) A party fails to timely respond to a dispositive motion or a show cause order or other order, including an order requiring the filing of a pre-hearing position statement or a post-hearing brief. (3) If the motion for summary disposition is filed before the hearing, then the commission or administrative law judge designated by the commission may issue an order to the nonmoving party to show cause why summary disposition should not be granted. If a response to the order is not filed in a timely manner, then the motion shall be considered and decided without oral argument. (4) If the motion for summary disposition is denied, or if the proposed decision and order does not dispose of the entire action or grant all of the relief demanded, then the action shall proceed to hearing according to part 7 of these rules.