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2017-03-09_REVISION - C1981041
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2017-03-09_REVISION - C1981041
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Entry Properties
Last modified
3/29/2017 12:40:21 PM
Creation date
3/29/2017 12:24:57 PM
Metadata
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Template:
DRMS Permit Index
Permit No
C1981041
IBM Index Class Name
Revision
Doc Date
3/9/2017
Doc Name
Requests for Hearing before MLRB
From
Scott Schultz
To
DRMS
Type & Sequence
TR69
Email Name
JHB
JRS
Media Type
D
Archive
No
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rule and readily determine how to prepare. That is not possible here. Moreover, informal efforts <br />(contacting Attorney General counsel for guidance on procedure) have not been successful. Mr. <br />Schultz, good man that he is, has been out -of -office in the first week after the Proposed Decision <br />was rendered and the undersigned counsel will be on the road in other matters for most of the <br />following week. Instead, this Board should provide to all parties specific guidance as requested <br />herein. <br />Request for Suspension of Setting Hearing <br />Pending procedural guidance from the Board, Fontanari requests that a hearing not be <br />scheduled. There is a large economic difference between preparing for a de novo hearing under <br />24-4-105 (Rule 2.07.4(3)(b) and one that merely involves oral argument before the Board, after <br />the Board's pre -hearing review of submitted materials (Rule 2.08.4(6)(b)(iii). Burdening <br />Fontanari with heavy attorney fees would visit significant adverse and extreme prejudice when, <br />in the end result, heavy factual and witness preparation may not be within the Board's <br />conception of the hearing. Such prejudice can only be avoided by suspending the setting of the <br />hearing until the Board renders its decision on this Motion. <br />4 <br />
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