PCHB067002268

PCHBPollution Control Hearings Board of the State of Washington

On March 12, 2002, at 1:30 p.m., an evidentiary hearing was held for the purpose of addressing the admissibility of exhibits to be introduced in the upcoming hearing on the above noted appeal. Eric Z. Lucas, Administrative Appeals Judge, presided for the Board. The parties were represented by Kevin Stock and Michael Witek (for ACC), Rick Poulin (for CASE), Steve Jones (for the Port) and Jeff Kray (for Ecology). Cindy L. Ide provided court-reporting services. The following reflects the decisions made after hearing from all parties: 1. Lead Attorney The Board requested that a lead attorney be assigned by each party for the examination of a particular witness. All parties agreed to this procedure and indicated that it is their standard practice. PCHB No. 01-160 1 EVIDENTIARY HEARING ORDER AR 002268 2. Order of Witnesses The Board requested that appellants indicate, in advance of the March 14, 2002 submission, their witness order for the first two days of the heating. Appellants agreed to email this information to the Board the morning of March 13, 2002. 3. Exchange of Exhibits The presiding officer inquired whether all exhibits had been exchanged that were objected to for failure to be included on the February 20, 2002 exhibit list. Generally, the response was affirmative that the exhibits subject to that specific objection had been exchanged. However, a complaint was lodged concerning other documents that were not disclosed by the deadline. 4. Motion in Limine The presiding officer inquired whether the parties contemplated filing any…
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