(a) If the agency determines that it is necessary to conduct an adjudicatory hearing, it may summon all the parties or their authorized representatives or intervenors, on its own initiative or by petition of one of the parties, to a pre-hearing conference, in order to reach a definite agreement, or [to simplify] the questions or the evidence to be considered in the hearing. Stipulations may be accepted, provided that the agency determines that this will serve the best public interest.
(b) If the agency determines, by request of one of the parties and after having analyzed the documents submitted together with the petition for summary resolution or order and the documents included with the motion in opposition, as well as those in the record of the agency, that it is not necessary to conduct an adjudicative hearing, the agency may issue summary resolutions or orders, whether final or partial, to resolve any controversy between the parties that is severable from the controversies, except in those cases in which the organic act of the agency provides otherwise.
The agency may not issue summary resolutions or orders in those cases in which:
(1) Material or essential facts exist and are in controversy;
(2) there are affirmative allegations in the complaint which have not been rebuked;
(3) the very documents which accompany the petition give rise to a real controversy over a material and essential fact, or
(4) it is not in order as a question of law.
History —Aug. 12, 1988, No. 170, § 3.7; Dec. 26, 2006, No. 299, § 1, eff. 6 months after Dec. 26, 2006.