31.02.01.04-1

.04-1 Delegation of Authority.

A. The Commissioner may, on a case-by-case basis, delegate to the Office the authority to:

(1) Conduct a contested case hearing; and

(2) Issue:

(a) Proposed or final findings of fact;

(b) Proposed or final conclusions of law;

(c) Proposed or final findings of fact and conclusions of law; or

(d) A proposed or final order.

B. The Commissioner may revoke all or part of a delegation of authority to the Office to preside over a hearing if:

(1) The case:

(a) Involves novel or unanticipated factual or legal issues;

(b) Has significant social, fiscal, or legal issues;

(c) Involves policy issues of general applicability; or

(d) Requires further investigation; or

(2) The Commissioner determines that revocation of all or part of the delegation of authority is otherwise in the public interest.

C. Procedure for Revocation.

(1) The Commissioner shall provide written notice of a revocation of hearing authority to all parties and the Office.

(2) The written notice shall contain a brief statement of the reason for the revocation.

(3) Delegation of authority to hear a contested case may be revoked at any time before the earlier of the:

(a) Issuance of a ruling by the administrative law judge on a substantive issue; or

(b) Taking of oral testimony from the first witness.

(4) The Commissioner shall specify whether all or part of the delegation to hear a contested case has been revoked.

(5) If only part of the delegation has been revoked, the Commissioner shall specify in the written notice of revocation the portions of the contested case for which the delegation has been revoked.

(6) On revocation of the delegation, the Commissioner shall:

(a) Refer the contested case for further investigation;

(b) Set the contested case for a hearing with the Commissioner or the Commissioner's designee acting as the hearing officer; or

(c) Dismiss the contested case.