R590-160-7. Rules Applicable to an Informal Adjudicative Proceeding

(1)(a) The department may commence an informal adjudicative proceeding by issuing a Notice of Agency Action and Order under Subsection R590-160-4(1). (b) The order in Subsection (1)(a) is based on information contained in: (i) an affidavit; (ii) a declaration; or (iii) the department's files. (c) The order in Subsection (1)(a) constitutes a proposed order that becomes final 15 days after service on the respondent unless a written request for a hearing is received before the expiration of 15 days. (2) A respondent's failure to timely request a hearing in an informal adjudicative proceeding is a failure to exhaust administrative remedies. (3) When a hearing is requested in an informal adjudicative proceeding, a notice of a prehearing conference is issued stating the matters to be decided and giving notice of the prehearing scheduling conference's date, time, and location. (4) A hearing in an informal adjudicative proceeding may be of record. (5)(a) At a hearing in an informal adjudicative proceeding, the commissioner may receive, regarding the issues to be decided, the following; (i) testimony; (ii) proffer of evidence; (iii) affidavit; (iv) declaration; or (v) argument. (b) The commissioner may issue a subpoena requiring a witness's attendance or the production of necessary evidence.