(a) The judge may issue a proposal for decision or final order without an evidentiary hearing if the judge determines that:
  (1) there is no genuine issue as to any material fact; and
  (2) a party is entitled to a decision in its favor as a matter of law.
(b) A party seeking summary disposition shall file a motion in accordance with §357.491 of this title (relating to Motions). The motion shall contain the specific grounds, including:
  (1) the applicable law; and
  (2) the material facts that the moving party contends are undisputed, with specific reference to the supporting evidence.
(c) A party opposing a motion for summary disposition shall file a response in accordance with §357.491 of this title. The response shall contain the specific grounds, including:
  (1) a statement of each material fact claimed by the opposing party to be disputed;
  (2) a specific reference to the supporting evidence; and
  (3) any dispute regarding the movant's assertion of what is the applicable law.

Source Note: The provisions of this §357.496 adopted to be effective June 20, 2007, 32 TexReg 3544