4. Category of Proceeding

Rules 7.1(c) and (d) respectively provide that an OII and OIR shall determine the category of the proceeding and make a preliminary determination regarding the need for hearing. This Investigation and Rulemaking is categorized as a quasi-legislative proceeding, as that term is defined in Rule 1.3(d). It is not expected to require a hearing.

An OII is appealable, only as to the category of the proceeding; an OIR's preliminary determination of category is not appealable, "but shall be confirmed or changed by assigned Commissioner's ruling ... and such ruling as to the category is subject to appeal ..." Rule 7.1(d). For purposes of simplicity, this combined Investigation and Rulemaking, only as to category, is appealable no later than 10 days after the date of this order.