(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.
KEY: administrative law, child support
Date of Last Change: January 5, 2026
Notice of Continuation: December 9, 2025
Authorizing, and Implemented or Interpreted Law: 26B-1-202; 26B-9-108; 26B-9-201; 26B-9-205; 26B-9-206; 26B-207; 63G-4; 81-9