4. Preliminary Categorization of the Proceeding

Rule 7.1(d) requires that an OIR preliminarily determine the category of the proceeding and the need for hearing. As a preliminary matter, we determine that this proceeding is "quasi-legislative," as defined in Rule 1.3(d). We anticipate that the issues in this proceeding may be resolved through a combination of workshops and formal comments, and that evidentiary hearings will not be necessary.

Any person who objects to the preliminary categorization of this rulemaking as "quasi-legislative" or to the preliminary hearing determination, shall state the objections in their opening comments to this rulemaking. If the person believes hearings are necessary, the comments should state: (a) the specific disputed fact for which hearing is sought; (b) justification for the hearing (e.g., why the fact is material); (c) what the moving party would seek to demonstrate through a hearing; and (d) anything else necessary for the purpose of making an informed ruling on the motion. After considering any comments on the preliminary scoping memo, the assigned Commissioner may issue a scoping ruling making a final category determination; this final determination is subject to appeal as specified in Rule 7.6(a).