R497-100-6. Availability of Hearing

  (1) When an informal adjudicative proceeding is commenced by the agency, if the agency's rules do not provide otherwise, a party may request a hearing within ten business days of receipt of the notice of agency action.

  (2) All hearing requests received by the agency shall be forwarded to the office, unless another presiding officer is designated by statute or rule.

  (3) In the case of a hearing commenced under Subsection (1), a party who fails to request a hearing within ten business days of receipt of the notice of agency action shall have no right to an adjudicative hearing or judicial review of the agency action, unless the party can demonstrate, by a preponderance of the evidence, that it was virtually impossible or unreasonably burdensome to file the request within ten business days.

  (4) Hearings may be held in any informal adjudicative proceedings conducted in connection with an agency action if the aggrieved party requests a hearing and if there is a disputed issue of fact. If there is no disputed issue of fact, the presiding officer may deny a request for a hearing and determine all issues in the adjudicative proceeding, if such a determination complies with the policies and standards of the applicable agency. If the aggrieved person objects to the denial of a hearing, that person may raise that objection as grounds for relief in a request for reconsideration.

  (5) There is no issue of fact if:

  (a) the aggrieved person tenders facts which on their face establish the right of the agency to take the action or obtain the relief sought in the proceeding;or

  (b) the aggrieved person tenders facts upon the request of the presiding officer and the fact does not conflict with the facts relied upon by the agency in taking its action or seeking its relief.