R 324.1205 Types of hearings.

Rule 1205. (1) Upon receipt of a petition, the supervisor, after finding the petition to be complete, reasonable, and appropriate, shall determine whether the petition shall be heard. The supervisor shall give each hearing 1 of the following designations: (a) A supervisor’s evidentiary hearing to consider the adoption of an order having field- wide or statewide application or ramifications. (b) A supervisor's evidentiary hearing to consider matters of local concern in the administration of these rules or the orders of the supervisor or to consider other matters as may be referred to the supervisor. (c) A supervisor’s uncontested evidentiary hearing to consider matters of local concern in the administration of these rules or the orders of the supervisor or to consider a petition to which an answer was not filed as provided in R 324.1204(6). (2) If a timely answer is not filed to a petition or if oral hearing is waived by all interested persons present at a hearing, then the supervisor may direct that a petition be processed under subrule (1)(c) of this rule. In these cases, proceedings pursuant to subrule (1)(c) of this rule may be used if it appears that all issues of material fact may be resolved by means of written materials and that the proceeding can be efficiently handled without oral hearing. Where there is no oral hearing, all substantive evidence shall be presented by verified statement. The supervisor may require supplemental verified statements. (3) Prehearing conferences may be held at the discretion of the supervisor. A party may request a prehearing conference in his or her petition or in a responsive pleading. A hearing may be converted to a prehearing conference to ensure an orderly and expeditious hearing. (4) The parties to a proceeding may, by stipulation in writing or entered on the record, agree upon facts, law, or procedure involved in the matter. Stipulations of fact shall be considered as evidence in the proceeding. (5) The supervisor may, at any time during a proceeding, designate a hearings officer to conduct an evidentiary hearing as provided for under either subrule (1)(a) or subrule (1)(b) of this rule. (6) The parties to a matter within the jurisdiction of the supervisor may agree to dispose of all or a part of a matter at issue by stipulation and consent order. The supervisor may enter the stipulation as a consent order, place the stipulation on public notice as is appropriate, or reject the stipulation.