§ 308. Streamlined optional adjudicatory proceedings for small\nbusinesses. Unless otherwise prohibited by law, an agency may adopt\nregulations providing for use at the option of a small business of\nstreamlined adjudicatory proceedings conducted by mail, electronic mail,\ntelephone conference or videoconference. In adopting such regulations,\nthe agency shall:\n 1. consider the types of programs and issues for which such\nstreamlined proceedings may reasonably be conducted, taking into account\n(a) the complexity of the matters to be resolved in the proceeding, (b)\nthe severity of potential sanctions, (c) any necessity for personal\nappearances, including but not limited to requirements for sworn\ntestimony or cross-examination, and (d) any potential reduction in the\ncosts and burdens of participating in the proceeding for the agency and\nfor other parties, and shall appropriately limit the availability of\nstreamlined proceedings to programs and issues in which the public\ninterest in fair outcomes can continue to be assured;\n 2. ensure that a streamlined proceeding may only be used at the option\nof the respondent small business with the consent of the agency and any\nother necessary party to the proceeding, and that the rights of\nrespondents and other parties will not be diminished in any respect by\nvirtue of participation in a streamlined proceeding;\n 3. specify the format or formats for remote conduct of streamlined\nproceedings;\n 4. establish procedures for requesting and scheduling such\nproceedings, for the conduct of such proceedings, and for the\ndevelopment of a complete record as provided in section three hundred\ntwo of this article; and\n 5. provide that, in the event that it becomes impractical or\ninappropriate to continue a proceeding commenced pursuant to this\nsection as a streamlined proceeding, such proceeding may be rescheduled\nas an adjudicatory proceeding pursuant to section three hundred one of\nthis article without prejudice to any party.\n
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