(1) At least five days before the scheduled brief adjudicative proceeding, any party to the proceeding, including the board, may file a written objection to resolution of a matter by a brief adjudicative proceeding and may request that a matter be converted to a formal adjudicative hearing. Upon receiving a timely written objection, the presiding officer shall determine whether the matter should be converted. Regardless of whether any party files a timely objection, the presiding officer may convert any brief adjudicative proceeding to a formal adjudicative hearing whenever it appears that a brief adjudicative proceeding is insufficient to determine the issues pending before the board.
(2) In determining whether to convert a proceeding, the presiding officer may consider the following factors:
(a) Whether witness testimony will aid the presiding officer in resolving contested issues of fact;
(b) Whether the legal or factual issues are sufficiently complex to warrant a formal adjudicative proceeding, including whether there are multiple issues of fact or law;
(c) Whether a brief adjudicative proceeding will establish an adequate record for further board or judicial review;
(d) Whether the legal issues involved in the proceeding present questions of legal significance or are being raised for the first time before the board;
(e) Whether conversion of the proceeding will cause unnecessary delay in resolving the issues; and
(f) Any other factors that the presiding officer deems relevant in reaching a determination.
[Statutory Authority: RCW 19.16.410. 07-17-145, § 308-29-130, filed 8/21/07, effective 9/21/07.]