Following receipt of a protest filed as prescribed by these regulations, the department shall determine whether the protest is to be resolved by written submission of material or by public hearing. In the event a public hearing is to be held, the department shall set a date, time and place for the hearing and shall so notify all interested parties not less than 5 calendar days in advance of the hearing. The department may, in its discretion upon notice to all interested parties, change the date of, postpone or continue the hearing at the request of an interested party upon a showing of good cause or upon its own motion.

The location of the hearing shall be at the discretion of the hearing officer and situated for the convenience of all parties.

In the event the protest is to be determined through written submissions, notice shall be sent to all interested parties, each of whom may submit written argument in support of its position in accordance with the deadline established by the hearing officer. The determination that the protest hall be determined through written submission shall be made upon the hearing officer's evaluation that oral or additional testimony would be unnecessary to a full understanding of the issues.

Any written submission to the department including that submitted for purposes of the hearing shall be in an original and two copies, together with proof of service of a copy to each interested party.

At any time the department finds that a protest is clearly insufficient on its face, entirely without merit, or outside the scope of the jurisdiction of the department, it may make final disposition of the protest forthwith.