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PA Bulletin, Doc. No. 02-945

NOTICES

OTR Truckers Association, Inc. and Over the Road Healthcare Fund (OTR); Prehearing

[32 Pa.B. 2649]

Petition of Injunctive Release under 40 P. S. § 47; Doc. No. MS02-05-012

   The proceeding in this matter will be governed by 2 Pa.C.S. §§ 501--508 and 701--704 (relating to the Administrative Agency Law), 1 Pa. Code Part II (relating to the General Rules of Administrative Practice and Procedure) and 31 Pa. Code Chapter 56 (relating to special rules of administrative practice and procedure). A prehearing conference is scheduled for May 16, 2002, at 3 p.m. in Room 200, Administrative Hearings Office, Capitol Associates Building, Room 200, 901 North Seventh Street, Harrisburg, PA 17102. A hearing shall occur on May 20, 2002, at 10:30 a.m. in Room 200, Administrative Hearings Office, Capitol Associates Building, 901 North Seventh Street, Harrisburg, PA 17102. At the prehearing 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.

   Failure to appear at the prehearing conference will result in the preclusion of evidence at the hearing or in a judgment against the absent party or in other appropriate action. Furthermore, in the event the respondent fails to appear at the prehearing conference, absence will be presumed to constitute a waiver of the requirement in 40 P. S. § 47 to schedule a hearing within 15 days and the May 8, 2002, Order will remain in effect until further order.

   On or before May 15, 2002, each party shall file with the Administrative Hearings Office by facsimile at (717) 787-8781 and serve upon the other party by facsimile an entry of appearance designating the lead attorney or representative to receive service or orders, filings and communications in this matter, together with that person's address, telephone number and facsimile number. Each party shall similarly designate the lead attorney or representative who will attend the prehearing conference, if different than the person designated for service. Except as established at the prehearing 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, 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 for 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 May 15, 2002, with the Hearings Administrator, Administrative Hearings Office, Capitol Associates Building, Room 200, 901 North Seventh Street, Harrisburg, PA 17102. Answer to petitions to intervene, if any shall be filed on or before May 19, 2002.

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

M. DIANE KOKEN,   
Insurance Commissioner

[Pa.B. Doc. No. 02-945. Filed for public inspection May 24, 2002, 9:00 a.m.]


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