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PA Bulletin, Doc. No. 03-540

NOTICES

Augustin Lugido, M.D.; Prehearing

[33 Pa.B. 1553]

Appeal of Augustin Lugido, M.D. under the Medical Care Availability and Reduction of Error (MCARE) Act (40 P. S. §§ 1303.101--1303.910);
Doc. No. MM03-03-007

   On or before April 16, 2003, the appellant shall file a concise statement setting forth the factual and legal basis for his disagreement with MCARE's February 4, 2003, determination. The statement may be in narrative form or in numbered paragraphs and may not exceed two pages.

   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 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 April 30, 2003, at 10 a.m. Each party shall provide a telephone number to be used for the telephone conference to the Hearings Administrator on or before March 21, 2003. A hearing date shall be determined, if necessary, at the prehearing telephone 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. 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 April 16, 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 April 23, 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. 03-540. Filed for public inspection March 21, 2003, 9:00 a.m.]


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