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PA Bulletin, Doc. No. 00-2146

NOTICES

Benjamin Nelson, Jr.; Order to Show Cause; Doc. No. SC00-07-023

[30 Pa.B. 6398]

   A prehearing telephone conference initiated by the administrative Hearings Office is scheduled for December 19, 2000, at 10 a.m. Each party shall supply to the Docket Clerk on or before December 12, 2000, a telephone number to be used for the conference. A hearing shall occur on January 17, 2001 at 10 a.m. in Room 200, Administrative Hearings Office, Capitol Associates Building, 901 North Seventh Street, Harrisburg, PA 17102. The proceedings in this matter will be governed by 2 Pa.C.S. §§ 501--508, 701--704 (relating to Administrative Agency Law) and 1 Pa. Code Part II (relating to General Rules of Administrative Practice and Procedure) and the Insurance Department's Special Rules of Administrative Practice and Procedure, 31 Pa. Code Chapter 56.

   At the prehearing telephone conference, the parties shall be prepared to discuss settlement, stipulations, witnesses and the documents anticipated for use at the hearing, estimated time for the hearing, special evidentiary or legal issues and other matters relevant to the orderly, efficient and just resolution of this matter. If an attorney or representative for a party participating in the telephone conference does not have complete settlement authority relative to this matter, the party or persons with full settlement authority also shall be available by telephone during the conference. Pending hearing, parties shall exchange proposed exhibits, the names of witnesses, and provide an offer of proof with respect to each witness, and informally attempt to resolve undisputed facts by stipulation. No prehearing memoranda or other written submissions are required for the prehearing telephone conference; however, the parties are encouraged to discuss settlement and possible stipulations pending the conference. Except as established at the prehearing telephone conference, both parties shall appear at the scheduled hearing prepared to offer all relevant testimony or other evidence. Each party must bring documents, photographs, drawings, claims, files, witnesses, and the like, necessary to support the party's case. A party intending to offer documents for photographs into evidence shall bring enough copies for the record and each opposing party.

   Motions preliminary to those at hearing, protests, petitions to intervene, or notices of intervention, if any, must be filed on or before January 3, 2001 with the Docket Clerk, Administrative Hearings Office, Capitol Associates Building, Room 200, 901 North Seventh Street, Harrisburg, PA 17102. Answers to petitions to intervene, if any, shall be filed on or before January 10, 2001. The Presiding Officer will consider a written request for continuance of the scheduled prehearing telephone conference or hearing, for good cause only. A party must contact the opposing party prior to requesting a continuance. All continuance requests must indicate whether the opposing party objects to a continuance.

   Persons with a disability who wish to attend the above-referenced administrative hearing, and require an auxiliary aid, service or other accommodation to participate in the hearing, please contact Tracey Pontius, Agency Coordinator at (717) 787-4298.

M. DIANE KOKEN,   
Insurance Commissioner

[Pa.B. Doc. No. 00-2146. Filed for public inspection December 8, 2000, 9:00 a.m.]


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