Rule 4.  Setting of Hearings or Other Proceedings.

When any party requests a hearing before the OAC, it shall be the responsibility of the agency or its counsel promptly to file and serve a notice to set a hearing on the merits, unless otherwise ordered by the administrative law judge.  The agency or its counsel shall obtain a setting date from the OAC.  When a statute or rule requires a more expedited setting, or at the discretion of the administrative law judge, the hearing on the merits may be set at any time.  A notice to set any proceeding made by any party must be filed with the OAC and served upon all persons entitled to notice of the setting at least 5 days prior to the date of the setting.  For the purpose of setting any matter, a party or a party's representative may appear at the OAC at the time established for the setting or may telephone the OAC at such time.  Hearing dates will be set whether or not the parties participate at the setting.  A prompt hearing on the merits will be set within 90 days from the setting date, unless otherwise ordered.