1. (a) Any party or intervenor may request the application of procedures other than those established in these rules, including a motion to allow alternative filing procedures in the particular case, by filing a motion that so requests.

2. (b) Motions for alternate procedures shall:

   1. (1) Be specific to the circumstances of the case and not be used as a substitute for a rulemaking petition under Rko 219.02;
   2. (2) Identify with specificity the alternative procedures requested, such as a request that participation in the proceeding be conducted electronically;
   3. (3) Specify what, if any, rules would require waiver under Part Rko 223 if the alternate procedure were instituted; and
   4. (4) Specify how the case at hand differs from other cases filed with the office so as to warrant the application of alternative procedures in the particular case;

3. (c) A motion for alternate procedures shall be granted if the ombudsman concludes that:

   1. (1) The case at hand is sufficiently unique so as warrant an adjustment to the normal processes of the office;
   2. (2) It is unlikely that the alternate procedure proposed would cause irreparable harm to another party or intervenor;
   3. (3) Application of the alternate procedure would not be detrimental to the efficient operation of the office; and
   4. (4) The procedure would be workable in light of the structure of, technology and equipment possessed by, and other work being performed by, the office.
4. (d) A motion for an alternate procedure shall not be granted solely on the basis that the person filing the motion believes that the alternate procedure, such as filing documents by e-mail, would be more convenient for them.

Source. #13921, eff 5-20-24