§231 Motion for Summary Disposition on the Pleadings

(a) After a respondent’s answer has been filed and documents have been made available to that respondent for inspection and copying pursuant to Rule 228, the respondent or the Division may make a motion for summary disposition on the pleadings of any or all allegations of the complaint with respect to that respondent. Any motion for summary disposition on the pleadings shall be filed within 30 days after the filing of the respondent’s answer unless otherwise ordered by the hearing officer. Notwithstanding the provisions of Rule 230, any opposition or response to a motion for summary disposition on the pleadings shall be filed within 14 days after service of the motion. Reply briefs shall be filed within five days after service of the opposition or response.

(b) A motion for summary disposition on the pleadings pursuant to paragraph (a) shall be accompanied by a supporting memorandum of points and authorities. The motion for summary disposition and supporting memorandum of points and authorities shall not exceed 25 pages in length. Matters outside the pleadings shall not be presented or considered on a motion for summary disposition on the pleadings.

(c) The hearing officer shall promptly grant or deny the motion for summary disposition on the pleadings or shall defer decision on the motion. The hearing officer may grant the motion for summary disposition if the party making the motion is entitled to a summary disposition as a matter of law. Otherwise, the hearing officer shall deny or defer the motion.

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