Ashton Road Automotive, Inc.; Hearing [34 Pa.B. 5456] Appeal of Ashton Road Automotive, Inc. under
the Storage Tank and Spill Prevention Act; Underground Storage Tank Indemnification Fund; USTIF File No. 04-009(F); Doc. No. UT04-06-065The 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.
On or before October 8, 2004, the parties must file a written statement with the Administrative Hearings Office setting forth their joint or individual positions on the issue of bifurcating the hearing. A hearing shall occur on November 18 and 19, 2004, at 9 a.m. each day in the Philadelphia Regional Office, Room 1701 State Office Building, 1400 Spring Garden Street, Philadelphia, PA.
On or before November 8, 2004, the parties must file a written, jointly executed stipulation of facts. On the same date each party must file with the Administrative Hearings Office a prehearing statement which shall contain: (1) the names and addresses of witnesses along with the specialties of experts to be called; (2) a list of documents to be used at the hearing; and (3) a statement of special evidentiary or other legal issues. On or before November 8, 2004, each party must supply the other with a copy of any report generated by an expert witness designated on the prehearing statement. A 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.
Motions preliminary to those at hearing, protests, petitions to intervene or notices of intervention, if any, must be filed on or before October 22, 2004, 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 November 5, 2004.
Persons with a disability who wish to attend the administrative hearing and require an auxiliary aid, service or other accommodation to participate in the hearing should contact Jeffrey Wallace, Agency Coordinator at (717) 787-4298.
M. DIANE KOKEN,
Insurance Commissioner[Pa.B. Doc. No. 04-1835. Filed for public inspection October 1, 2004, 9:00 a.m.]
