(1) The following will be deemed of a significant public interest to require notice and the availability of an opportunity for public participation in the decision-making process:

(a) the adoption, amendment or repeal of any regulation, standard, or statement of general applicability that implements, interprets, or prescribes law or policy or procedures or practice requirements of the Department of Commerce; or

(b) the granting or denying of a license for which a hearing is required under provisions of Montana law.

(2) In all other cases, whether or not the decision is one of significant public interest will be determined by the person within the department who is proposing the decision, according to the following considerations:

(a) whether the decision regards a matter which is controversial;

(b) the number of persons who will be affected by the decision;

(c) the fiscal impact the decision will have;

(d) whether a high level of citizen interest has been witnessed by the department.