2025 Appeal of Atlantis Petro, LLC under the Storage Tank and Spill Prevention Act; Underground Storage Tank Indemnification Fund; USTIF file No. 2014-0043(I); doc. No. UT15-10-020  

  • INSURANCE DEPARTMENT

    Appeal of Atlantis Petro, LLC under the Storage Tank and Spill Prevention Act; Underground Storage Tank Indemnification Fund; USTIF File No. 2014-0043(I); Doc. No. UT15-10-020

    [45 Pa.B. 6652]
    [Saturday, November 14, 2015]

     The proceedings 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 any other relevant provisions of law.

     A prehearing telephone conference will be held on January 5, 2016, at 9:30 a.m. A hearing will occur on January 20, 2016, 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 December 22, 2015. Answers to petitions to intervene, if any, will be filed on or before January 4, 2016.

     On or before December 22, 2015, each party will file with the Administrative Hearings Office a prehearing statement which will contain: (1) a statement of undisputed facts to be stipulated between the parties; (2) a statement of additional contended facts; (3) names and addresses 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 that party's case.

     Contemporaneously with service of the prehearing statement on the opposing party, each party will supply the other: (1) a copy of any listed document not previously supplied; and (2) 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 will be supplied to the other party within 2 business days. Copies of documents and expert reports need not be filed with the Administrative Hearings Office. A party will be precluded at hearing from using a document not listed and supplied unless the use was not reasonably foreseeable. Experts may 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) 705-4194.

    TERESA D. MILLER, 
    Insurance Commissioner

    [Pa.B. Doc. No. 15-2025. Filed for public inspection November 13, 2015, 9:00 a.m.]

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