R527-200-8. Procedures for Informal Adjudicative Proceedings

The procedures for informal adjudicative proceedings are as follows:

1. In proceedings initiated by a notice of agency action, the presiding officer will issue an order of default unless the respondent does one of the following within 30 days in response to service of the notice:

a. pays the entire amount in full; or,

b. participates as provided in R527-200-13;

2. In proceedings initiated by a notice of agency action, the presiding officer shall schedule a hearing if available under R527-200-10 and the office receives the respondent's written request:

a. within 30 days of service of notice of agency action; or

b. before an order is issued by the presiding officer.

3. Within a reasonable time after the close of an informal adjudicative proceeding, the presiding officer shall issue a signed order in writing which states the following:

a. the decision;

b. the reason for the decision;

c. a notice of the right to request reconsideration and the right to petition for judicial review; and

d. the time limits for requesting reconsideration or filing a petition for judicial review.

4. The presiding officer's order shall be based on the facts appearing in the agency's case records and on the facts presented in evidence at any hearings or other adjudicative proceedings.

5. A copy of the presiding officer's order shall be promptly mailed to each of the parties.