7. Category of Proceeding and Need for Hearing

Rule 7.1(d) provides that an order instituting rulemaking shall preliminarily determine the category of the proceeding and the need for hearing. Our preliminary determination is that this proceeding is quasi-legislative, as that term is defined in Rule 1.3(d). It is anticipated that the record for this proceeding will be developed through comments and reply comments, and no prehearing conference or evidentiary hearings will be necessary. However, the assigned ALJ or Commissioner may amend this determination.

Any person who objects to the preliminary categorization of this rulemaking as "quasi-legislative" or to the preliminary hearing determination shall state their objections in their opening comments described above. After considering the opening comments, the assigned Commissioner will issue a scoping ruling or decision making the final category determination.