R305-7-307. Designation of Proceedings as Formal or Informal; Procedures for Informal Proceedings

  (1) All proceedings to contest an order that is not a Permit Order, including proceedings to challenge a Notice of Violation or compliance order, shall be conducted as formal proceedings except as specifically provided in Part 6 of this Rule.

  (2) The ALJ in accordance with Section 63G-4-202(3) may convert proceedings that are designated to be formal to informal and proceedings which are designated as informal to formal if conversion is in the public interest and rights of all parties are not unfairly prejudiced. A decision to use informal procedures must be approved by the Executive Director.

  (a) Procedures for Informal Proceedings are governed by Section 63G-4-203 and, except as provided in R305-7-307(2)(d), this Rule.

  (b) No hearing or other conference is required for an informal proceeding. If a hearing is held, the parties shall be permitted to testify, present evidence and comment on issues. A hearing may be conducted as a meeting rather than using trial-type procedures.

  (c) Discovery and intervention are not available in an informal proceeding. The ALJ may issue a subpoena or other order to compel the production of necessary evidence.

  (d) The procedures specified in R305-7-310, 313, 314 and 315 do not apply to informal procedures.