An allegation of a violation listed as a Category One violation shall be treated as a Category Two violation if the commission at any time determines that:
(1) the allegation arises out of the same set of facts as those that give rise to an allegation of a Category Two violation, and the interests of justice or efficiency require resolution of the allegations together; or
(2) the facts and law related to a particular allegation or a defense to the allegation present a level of complexity that prevents resolution through the preliminary review procedures for Category One violations prescribed by § 161.159(a).