If only a legal issue is in dispute, can I request the ALJ to issue a PFD without converting my oral hearing into a written submission hearing?
Yes. If there is no genuine issue as to any material fact, you may file a motion for summary disposition in accordance with 1 Tex. Admin. Code ยง 155.57, and request that a PFD be issued in your favor as a matter of law. The ALJ may deny the motion if there are material facts in dispute and may order that the oral hearing proceed as scheduled.
Related Questions
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- If only a legal issue is in dispute, can I request the ALJ to issue a PFD without converting my oral hearing into a written submission hearing?
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