Sec. 14.34.04.04. Motions

A. Motion to Dismiss.

(1) Upon written motion to dismiss, or on its own initiative, the Board may issue a final decision dismissing a charge:

(a) Which fails to state a claim for which relief may be granted;

(b) Over which the Board lacks jurisdiction; or

(c) Upon any other basis which may be established without consideration of materials outside the charge and answer to charge.

(2) A motion to dismiss shall be filed within 20 days of service of a charge.

(3) A response to a motion to dismiss shall be filed within 10 days of service of a motion to dismiss.

B. Motion for Summary Decision.

(1) Any party may file a motion for summary decision on all or part of a charge on the ground that there is no genuine dispute as to any material fact and that the party is entitled to judgment as a matter of law. The motion for summary decision shall be supported by affidavit.

(2) A motion for summary decision shall be filed by the respondent within 20 days of service of a charge and shall be filed by the charging party within 10 days of service of an answer to a charge. In the event that a motion to dismiss has been previously filed, a motion for summary decision shall be filed within 20 days of issuance of the Board’s decision disposing of the motion to dismiss.

(3) A response to a motion for summary decision shall be filed within 10 days of service of a motion for summary decision.

(4) A response to a motion for summary decision shall identify the material facts that are disputed. A response asserting the existence of a material fact or controverting any material fact contained in the record shall be supported by an affidavit.

(5) An affidavit supporting or opposing a motion for summary decision shall set forth the facts that would be admissible in evidence pursuant to State Government Article, §10-213, Annotated Code of Maryland. An affidavit shall be in one of the forms set forth in Maryland Rule 1-304, as appropriate.

(6) The Board may issue a final decision in favor of or against the moving party if the motion for summary decision and response show that there is no genuine dispute as to any material fact and that the party in whose favor judgment is entered is entitled to judgment as a matter of law.

C. The Board may order refiling of a motion that does not comply with the requirements of this regulation. The motion shall be refiled within 10 days of service of said order.

D. Hearing.

(1) A party desiring a hearing on a written motion to dismiss or motion for summary decision shall file a written request with the Executive Director contemporaneously with the filing of the written motion.

(2) On its own initiative, the Board may schedule a hearing to consider a written motion to dismiss or written motion for summary decision.

E. Motion for Judgment.

(1) A party may move for judgment on any or all of the issues in a charge at the close of the evidence offered by an opposing party. The moving party shall state all reasons why the motion should be granted. No objection to the motion for judgment shall be necessary. A party does not waive the right to make the motion by introducing evidence during the presentation of any opposing party’s case.

(2) When a party moves for judgment at the close of the evidence offered by an opposing party, the Board may:

(a) Proceed to determine the facts and to render judgment against an opposing party; or

(b) Decline to render judgment until the close of all evidence.

(3) A party who moves for judgment at the close of the evidence offered by an opposing party may offer evidence if the motion is not granted, without having reserved the right to do so and to the same extent as if the motion had not been made.

(4) When the Board renders judgment against an opposing party in accordance with §E(2)(a) of this regulation, it shall issue a final decision in accordance with Regulation .15E of this chapter.