R527-200-9. Availability of a Hearing in an Informal Adjudicative Proceeding

(1) A hearing before a presiding officer in the Office of Administrative Hearings shall be permitted in an informal adjudicative proceeding if: (a) the proceeding was initiated by a notice of agency action; (b) the respondent in a properly filed request for hearing or in the course of participation raises a genuine issue as to a material fact pursuant to Section R527-200-10; and (c) the respondent participates in a preliminary agency conference. (2) An adjudicative proceeding before a presiding officer in the office shall be permitted if an informal adjudicative proceeding is initiated by a request for agency action. (3) The presiding officer shall: (a) conduct a review of the documentation provided by the requesting party and in the agency files; and (b) issue an order stating the decision and the reasons for the decision. (4) At the adjudicative proceeding, the requesting party may choose: (a) not to attend; (b) to attend in person; or, (c) to be represented through counsel.