WILLIAM DONALD SCHAEFER, Governor                              Ch. 59

A CONTESTED CASE HEARING IF THE ADMINISTRATIVE LAW JUDGE DETERMINES
THAT THE PERSON MAKING THE REQUEST HAS FAILED TO MAKE THE
DEMONSTRATION REQUIRED BY § 1-605 OF THIS SUBTITLE, INCLUDING THE
FAILURE TO MAKE FACTUAL ALLEGATIONS WITH SUFFICIENT PARTICULARITY TO
DEMONSTRATE THAT THE PERSON IS AGGRIEVED BY THE FINAL DETERMINATION.

(D)     (1) ANY PARTY TO A CONTESTED CASE HEARING, INCLUDING THE
DEPARTMENT, MAY FILE AT ANY TIME A MOTION FOR A SUMMARY DECISION ON
ALL OR PART OF AN ACTION ON THE GROUND THAT THERE IS NO GENUINE DISPUTE
AS TO ANY MATERIAL FACT AND THAT THE PARTY IS ENTITLED TO A DECISION AS A
MATTER OF LAW.

(2) THE MOTION, ANY RESPONSE AND THE DECISION OF THE
ADMINISTRATIVE LAW JUDGE OR OTHER OFFICIAL CONDUCTING THE HEARING
SHALL COMPLY WITH THE REQUIREMENTS OF MARYLAND RULE OF CIVIL
PROCEDURE 2-501.

(E)      (1) WHEN A SUMMARY DISPOSITION UNDER ANY OF THE PROVISIONS
OF THIS SECTION DOES NOT DISPOSE OF THE ENTIRE ACTION AND A CONTESTED
CASE HEARING IS NECESSARY, THE DEPARTMENT OFFICIAL OR ADMINISTRATIVE
LAW JUDGE ISSUING THE SUMMARY DISPOSITION, ON THE BASIS OF THE REQUEST
AND ANY OTHER PLEADINGS AND, IF NECESSARY, AFTER INTERROGATING
COUNSEL ON THE RECORD, MAY ENTER AN ORDER SPECIFYING THE ISSUES OR
FACTS THAT ARE NOT IN GENUINE DISPUTE.

(2) THE ORDER CONTROLS THE SUBSEQUENT COURSE OF THE ACTION
BUT MAY BE MODIFIED BY THE DEPARTMENT OFFICIAL OR THE ADMINISTRATIVE
LAW JUDGE TO PREVENT MANIFEST INJUSTICE.

(F)      EXCEPT AS PROVIDED IN SUBSECTION (G) OF THIS SECTION, AN ORDER
OR OTHER FORM OF SUMMARY DISPOSITION UNDER THIS SECTION, HOWEVER
DESIGNATED, THAT ADJUDICATES FEWER THAN ALL OF THE ISSUES IN AN ACTION,
OR THAT ADJUDICATES ISSUES CONCERNING FEWER THAN ALL OF THE PARTIES TO
THE ACTION:

(1)      IS NOT A FINAL DECISION OF THE DEPARTMENT OR THE
ADMINISTRATIVE LAW JUDGE;

(2)      DOES NOT TERMINATE THE ACTION AS TO ANY ISSUES OR ANY OF
THE PARTIES; AND

(3)      IS SUBJECT TO REVISION AT ANY TIME BEFORE THE ENTRY OF A
FINAL DECISION BY THE DEPARTMENT THAT ADJUDICATES ALL OF THE ISSUES
RAISED BY OR AGAINST ALL OF THE PARTIES.

(G)     (1) IF THE OFFICIAL MAKING A SUMMARY DISPOSITION UNDER THIS
SECTION DETERMINES IN A WRITTEN ORDER THAT THERE IS NO JUST REASON FOR
DELAY, HE MAY DIRECT IN THE ORDER THE ENTRY OF A DECISION AS TO ONE OR
MORE BUT FEWER THAN ALL OF THE ISSUES OR PARTIES.

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