§ 308. Streamlined optional adjudicatory proceedings for small
businesses. Unless otherwise prohibited by law, an agency may adopt
regulations providing for use at the option of a small business of
streamlined adjudicatory proceedings conducted by mail, electronic mail,
telephone conference or videoconference. In adopting such regulations,
the agency shall:

1. consider the types of programs and issues for which such
streamlined proceedings may reasonably be conducted, taking into account
(a) the complexity of the matters to be resolved in the proceeding, (b)
the severity of potential sanctions, (c) any necessity for personal
appearances, including but not limited to requirements for sworn
testimony or cross-examination, and (d) any potential reduction in the
costs and burdens of participating in the proceeding for the agency and
for other parties, and shall appropriately limit the availability of
streamlined proceedings to programs and issues in which the public
interest in fair outcomes can continue to be assured;

2. ensure that a streamlined proceeding may only be used at the option
of the respondent small business with the consent of the agency and any
other necessary party to the proceeding, and that the rights of
respondents and other parties will not be diminished in any respect by
virtue of participation in a streamlined proceeding;

3. specify the format or formats for remote conduct of streamlined
proceedings;

4. establish procedures for requesting and scheduling such
proceedings, for the conduct of such proceedings, and for the
development of a complete record as provided in section three hundred
two of this article; and

5. provide that, in the event that it becomes impractical or
inappropriate to continue a proceeding commenced pursuant to this
section as a streamlined proceeding, such proceeding may be rescheduled
as an adjudicatory proceeding pursuant to section three hundred one of
this article without prejudice to any party.