R907-1-2. General Provisions

(1) The Department will process every application, Request for Agency Action, Notice of Agency Action, and review request as an informal adjudicative proceeding according to Sections 63G-4-202 and 63G-4-203 of UAPA unless another rule specifically designates a proceeding as formal. Any party may ask the Presiding Officer to convert the proceeding to a formal adjudicative proceeding. The Presiding Officer may convert the proceeding to a formal proceeding if the Department determines it is in the public interest and does not prejudice a party's rights. (2) The Presiding Officer will only conduct an evidentiary hearing as part of a formal proceeding. However, the Presiding Officer may conduct a meeting of the parties to discuss settlement, clarify issues, hear oral argument, or review evidence. Adjudicative proceedings are only subject to agency review under Section 63G-4-301 or when a statute or rule explicitly provides for review. (3) This rule does not apply to employee grievances, personnel actions, or requests for records under the Governmental Records Access and Management Act (GRAMA).