R428-5-8. Informal Proceedings

  (1) The committee may convert a formal proceeding to informal as specified under Section R428-5-3. The Chairman of the committee or his designated representative shall act as presiding officer in an informal proceeding. No response or other pleading is required subsequent to the receipt of a notice of agency decision unless specifically requested and a hearing is not required to be held.

  (2) The presiding officer may schedule a conference to encourage settlement before issuing a decision.

  (3) Before issuing a final order in an informal proceeding, the presiding officer may convert the proceeding to a formal proceeding if such action is deemed to be in the public interest and does not unfairly prejudice the rights of any party.

  (4) Unless a time frame is specified elsewhere in this chapter, the presiding officer shall, within a reasonable time of receipt of a request for agency action, issue a signed order in writing stating:

  (a) the decision;

  (b) the reasons for the decision;

  (c) notice of the right to any administrative or judicial review available;

  (d) the time limits for requesting review.

  (5) Within 30 calendar days of the issuance of an order by the presiding officer, a party aggrieved by the decision may seek review of that order by filing a written request for review by the full committee. The request shall:

  (a) be signed by the party requesting review;

  (b) state the grounds for review and the relief requested;

  (c) be dated the date of mailing; and

  (d) be sent by mail (electronic or paper) to the presiding officer and to each party of the proceeding.

  (6) Within 15 calendar days of the mailing (electronic or paper) of the request for review, any party may file a response with the committee. A copy of the response must also be mailed (electronic or paper) to the presiding officer and each of the parties.

  (7) The committee may issue a notice granting or denying the request for review within 30 working days of filing of the request. If the committee does not issue a notice granting or denying the request within the 30 day period the request for review shall be considered denied.

  (8) If a review of the order is granted, the notice shall specify the date a hearing shall be conducted before the full committee.

  (9) Within a reasonable time from the completion of the hearing, the committee shall issue a written order on review which shall contain:

  (a) a designation of the statute or rule permitting or requiring review;

  (b) a statement of the issues reviewed;

  (c) findings of fact as to each of the issues reviewed;

  (d) conclusions of law as to each of the issues reviewed;

  (e) the reasons for the disposition;

  (f) whether the decision of the presiding officer or agency is to be affirmed, reversed, or modified, and whether all or any portion of the adjudicative proceeding is to be remanded;

  (g) a notice of any right of further administrative reconsideration or judicial review available; and

  (h) the time limit applicable to any review.