Vincent P. Noble; Doc. No. AG01-05-007 [31 Pa.B. 4033] The proceedings in this matter will be governed by 2 Pa.C.S. §§ 501--508, 701--704 (relating to the Administrative Agency Law), 1 Pa. Code Part II (relating to the General Rules of Administrative Practice and Procedure) and the Insurance Department's (Department) Special Rules of the Administrative Practice and Procedure, 31 Pa. Code Chapter 56.
A prehearing telephone conference initiated by this office is scheduled for August 23, 2001, at 10 a.m. Each party shall provide the Administrative Hearings Office Docket Clerk a telephone number to be used for the telephone conference on or before July 26, 2001. A date for a hearing 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. 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.
On or before August 2, 2001, Vincent P. Noble shall file with the Administrative Hearings Office and serve upon the Department 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 his case. Failure of Vincent P. Noble to timely file a prehearing statement shall be deemed a withdrawal of his appeal. Should Vincent P. Noble file a prehearing statement, the Department shall file and serve a prehearing statement containing the same required information on or before August 13, 2001.
Except as established during the prehearing telephone 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 for 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 on or before August 9, 2001, with the Docket Clerk, 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 August 16, 2001.
Persons with a disability who wish to attend the previously-referenced administrative hearing and require an auxiliary aid service or other accommodations to participate in the hearing, should contact Tracey Pontius, Agency Coordinator at (717) 787-4298.
M. DIANE KOKEN,
Insurance Commissioner[Pa.B. Doc. No. 01-1363. Filed for public inspection July 20, 2001, 9:00 a.m.]
