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COMMONWEALTH OF PENNSYLVANIA

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PA Bulletin, Doc. No. 03-189

NOTICES

Dr. Dennis Fowler; Prehearing

[33 Pa.B. 705]

Appeal of Dr. Dennis Fowler under
the Medical Care Availability and Reduction of Error (MCARE) Act (40 P. S. §§ 1303.101--1303.910); Doc. No. MM03-01-021

   And Now, this 17th day of January, 2003, after considering the request for hearing and appeal from the determination of the Medical Care Availability and Reduction of Error Fund (Mcare), It Is Hereby Ordered by January 30, 2003, the appellant shall file a concise statement setting forth the factual and/or legal basis for his disagreement with Mcare's November 12, 2002, determination. The statement may be in narrative form or in numbered paragraphs, but in either event shall not exceed two pages.

   The proceeding in this matter will be governed by 2 Pa.C.S. §§ 501--508 and 701--704 (relating to Administrative Agency Law), 1 Pa. Code Part II (relating to General Rules of Administrative Practice and Procedure) and 31 Pa. Code Chapter 56 (relating to special rules of administrative practice and procedure).

   A prehearing telephone conference initiated by this office is scheduled for February 21, 2003, at 10:30 a.m. Each party shall provide a telephone number to be used for the telephone conference to the Hearings Administrator by January 24, 2003. A hearing date shall be determined, if necessary, at the prehearing/settlement conference.

   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. 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 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 or 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 by February 7, 2003, 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 by February 14, 2003.

   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, (717) 787-4298.

M. DIANE KOKEN,   
Insurance Commissioner

[Pa.B. Doc. No. 03-189. Filed for public inspection January 31, 2003, 9:00 a.m.]


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