Sec. 16. (a) A presumption of control arising under section 1(e) of this chapter may be rebutted by a showing made in the manner provided under IC 27-1-23-3(k) that control does not exist in fact.
(b) In the absence of a presumption that control exists in fact, the commissioner may determine that control exists in fact after:
(1) providing notice and an opportunity to be heard under IC 4-21.5 to all interested parties; and
(2) making specific findings of fact to support the determination.