R33-26-603. Procedures Governing Informal Adjudicatory Proceedings

  (1) No response needs to be filed to the notice of agency action or request for agency action.

  (2) The division may hold a hearing at the discretion of the director of the Division of Purchasing and General Services or his designee unless a hearing is required by statute. A request for hearing must be made within ten days after receipt of the notice of agency action or request for agency action.

  (3) Only the parties named in the notice of agency action or request for agency action will be permitted to testify, present evidence and comment on the issues.

  (4) A hearing will be held only after timely notice of the hearing has been given.

  (5) No discovery, either compulsory or voluntary, will be permitted except that all parties to the action shall have access to information and materials not restricted by law.

  (6) No person may intervene in an agency action unless federal statute or rule requires the agency to permit intervention.

  (7) Any hearing held under this rule is open to all parties.

  (8) Within thirty days after the close of any hearing, the director of the Division of Purchasing and General Services or his designee shall issue a written decision stating the decision, the reasons for the decision, time limits for filing an appeal with the director of the superior agency, notice of right of judicial review, and the time limits for filing an appeal to the appropriate district court.

  (9) The decision rendered by the Director of the Division of Purchasing and General Services or his designee shall be based on the facts in the division file and if a hearing is held, the facts based on evidence presented at the hearing.

  (10) The agency shall notify the parties of the agency order by promptly mailing a copy thereof to each at the address indicated in the file.

  (11) Whether a hearing is held or not, an order issued under the provisions of this rule shall be the final order and then may be appealed to the appropriate district court.