§ 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.