R497-100-5. Commencement of Proceedings

  (1) All adjudicative proceedings shall be commenced by either:

  (a) a notice of agency action, if proceedings are commenced by the agency; or

  (b) a request for agency action, if proceedings are commenced by persons other than the agency.

  (2) When adjudicative proceedings are commenced by the agency, the notice of agency action shall conform to Section 63G-4-201(2) and shall also include a statement that:

  (a) the adjudicative proceeding is to be conducted informally; and

  (b) describes the aggrieved person's right to request a hearing and the applicable time limits within which a hearing must be requested.

  (3) When adjudicative proceedings are commenced by a person other than the agency, the request for agency action shall conform to Section 63G-4-201(3)(a) and (b) and include the name of the adjudicative proceeding, if known.

  (4) In the case of adjudicative proceedings commenced under Subsection (3), the presiding officer shall within ten business days give notice by mail to all parties. The written notice shall:

  (a) give the agency's file number or other reference number;

  (b) give the name of the proceeding;

  (c) designate that the proceeding is to be conducted informally;

  (d) if a hearing is to be held in an informal adjudicative proceeding, state the time and place of any scheduled hearing, the purpose for which the hearing is to be held, and that a party who fails to attend or participate in the hearing may be held in default;

  (e) if the agency's rules do not provide for a hearing, state the parties' right to request a hearing within ten working days of the agency's response; and

  (f) give the name, title, mailing address, and telephone number of the presiding officer.