R497-100-4. Form

(1) Any adjudicative proceeding commenced by the department or other persons affected by department action pursuant to this rule shall be designated an informal adjudicative proceeding, except: (a) as designated by rule or statute; (b) as provided in this rule; or (c) when converted to a formal adjudicative proceeding pursuant to Subsection 63G-4-202(3). (2) Before the office issues a final order in any adjudicative proceeding, the presiding officer may convert an informal adjudicative proceeding to a formal adjudicative proceeding if: (a) conversion of the proceeding does not unfairly prejudice the rights of any party; and (b) conversion of the proceeding is in the public interest. (3)(a) If the presiding officer converts an adjudicative proceeding from informal to formal, the procedures for a formal adjudicative proceeding in Sections 63G-4-204 through 63G-4-208 shall apply. (b) In other cases, procedures for an informal adjudicative proceeding in Section 63G-4-203, Section R497-100-7, and other applicable department rules shall apply.