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24.26.213    MOTIONS FOR SUMMARY JUDGMENT

(1) Any party may move, with or without supporting affidavits, for summary judgment in the party's favor upon all or some of the contested issues in any proceeding that comes before the board. A motion for summary judgment may be granted if the motion, affidavits, and other documentation show that there is no genuine issue as to any material fact and one party is entitled to a favorable decision as a matter of law.

(2) A grievant is entitled to a hearing on a motion for summary judgment. If the summary judgment motion is dispositive of all contested issues, a hearing held pursuant to this rule satisfies the statutory right to a hearing for:

(a) Department of Transportation personnel who bring a grievance pursuant to Title 2, chapter 18, part 10, MCA; and

(b) Department of Fish, Wildlife, and Parks personnel who bring a grievance pursuant to 87-1-205 , MCA.

History: 2-4-201, 39-31-104, MCA; IMP, 2-18-1001, 2-18-1011, 2-18-1012, 87-1-205, MCA; NEW, 2006 MAR p. 3077, Eff. 12/22/06.

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