V. Category and Need for Hearing

The Instructions to Answer (Instructions) served on the parties contained a preliminary determination that this proceeding would be categorized as Adjudicatory. The determination of category became final when no appeal was filed pursuant to Rule 6.4(a)(2).

The Instructions also provided notice that a hearing would be held unless the parties otherwise resolved the matter. UCAN and Choctaw submitted a Settlement that purports to resolve UCAN's complaint. Although we adopt the Settlement with modifications, there are no factual issues associated with the adopted modifications that require a hearing. Accordingly, we change the prior determination that an evidentiary hearing is required; we now determine that an evidentiary hearing is not required.

This decision contains a final determination that a hearing is not necessary. Therefore, pursuant to Rule 6.6, Article 2.5 no longer applies to this proceeding, except that the prohibition on ex parte communications shall continue to apply.