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PA Bulletin, Doc. No. 09-175

NOTICES

Giant Food Store 80; Prehearing

[39 Pa.B. 649]
[Saturday, January 31, 2009]

Appeal of Giant Food Store 80 under the Storage Tank and Spill Prevention Act; Underground Storage Tank Indemnification Fund; USTIF File No. 2008-0111(M); Doc. No. UT08-12-030

   The proceedings 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 General Rules of Administrative Practice and Procedure); and any other relevant procedure provisions of law.

   A prehearing telephone conference shall be held on March 17, 2009, at 9:30 a.m. A hearing shall occur on March 31, 2009, at 9:30 a.m., in the Administrative Hearings Office, Room 200, Capitol Associates Building, 901 North Seventh Street, Harrisburg, PA 17102. Motions preliminary to those at hearing, protests, petitions to intervene, notices of appearance or notices of intervention, if any, must be filed with the Hearings Administrator at the previously listed address on or before March 6, 2009. Answers to petitions to intervene, if any, shall be filed on before March 20, 2009.

   On or before March 6, 2009, each party shall file with the Administrative Hearings Office a prehearing statement which shall contain: (1) a comprehensive statement of undisputed facts to be stipulated between the parties; (2) a statement of additional contended facts; (3) names and address of witnesses along with the specialties of experts to be called; (4) a list of documents to be used at the hearing; (5) special evidentiary or other legal issues; and (6) the estimated time for the party's case. Contemporaneously with service of the prehearing statement on the opposing party, each party shall supply the other with a copy of any report generated by an expert witness designated on the prehearing statement. Any report subsequently received from a party's expert witness prior to hearing shall be supplied to the other party within 2 business days. Copies of expert reports need not be filed with the Administrative Hearings Office. Experts will be permitted to testify only on matters substantially contemplated by reports supplied to the other party in accordance with this paragraph.

   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, contact Donna R. Fleischauer, Human Resources Director, at (717) 705-3873.

JOEL SCOTT ARIO,   
Insurance Commissioner

[Pa.B. Doc. No. 09-175. Filed for public inspection January 30, 2009, 9:00 a.m.]


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