HomeMy WebLinkAbout05-10-2021 - Tracfone Third Revised Prehearing Order
PRE-HEARING ORDER
PAGE 1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
THE HEARING EXAMINER OF THE CITY OF RENTON
RE:
TracFone Wireless, Inc.
Administrative Appeal
DRAFT THIRD REVISED PRE-
HEARING ORDER
The schedule and procedural rules outlined below apply to the above-captioned appeal.
This prehearing order is based upon the prehearing conference conducted on April 26,
2021 at 9:00 am.
A. Document Distribution. All documents required by this Order shall be
emailed, mailed or delivered to the parties at the addresses below. All documents must
be received by the due dates set by this order. For mailed documents, documents shall
be deemed received three business days after mailing.
Hearing Examiner’s Office
Cynthia Moya
Renton City Clerk
1055 Grady Way
Renton, WA 98057
CMoya@rentonwa.gov
PRE-HEARING ORDER
PAGE 2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Appellant
Scott Edwards
Grant Degginger
Scott Edwards
Lane Powell, PC
1420 5th Ave., Suite 4200
Seattle, Washington 98101
EdwardsS@LanePowell.com
DeggingerG@lanepowell.com
TsuboiN@lanepowell.com
City of Renton
Kari Sand
Kari Sand
Ogden Murphy Wallace
901 Fifth Ave., Suite 3500
Seattle, WA 98164-2008
ksand@omwlaw.com
kowens@omwlaw.com
B. Hearing Date. The appeal hearing will be held on May 27, 2021 at 8:30
am.
C. Exhibit Lists. The parties are required to exchange exhibit lists per the
schedule below. The exhibit lists shall list any documents, recordings, videos or
photographs that the parties intend on presenting at the appeal hearing. No exhibits
beyond those identified in the witness and exhibit lists will be admitted unless necessary
for reasonably unanticipated rebuttal or for other good cause. Exhibits not already
distributed must be exchanged contemporaneously with the final exhibit lists and
may be distributed by email.
D. Hearing Format. As identified in RMC 5-26-18B5, Tracfone has the
burden of proof in an administrative tax appeal. Consequently, the taxpayer shall have
first and last rights of presentation as identified in the following hearing format:
1. Tracfone’s opening and presentation of evidence.
2. City’s opening and presentation of evidence.
3. Tracfone’s rebuttal evidence.
4 City’s closing arguments.
5. Tracfone’s closing arguments.
PRE-HEARING ORDER
PAGE 3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
E. Cross-Examination. All witnesses who present live testimony will be
subject to cross-examination. Declarations and other documents that would qualify as
testimony are admissible without a right of cross-examination unless a right to cross-
examine is asserted by email to all hearing parties within three calendar days of when
the document is disclosed in the exhibit lists. Documents qualify as live testimony if the
substantive content was prepared specifically for the appeal.
F. Schedule. The following schedule applies:
5/20/20 Exhibit Lists and Prehearing Briefs (if any) due
5/27/20 Appeal Hearing, 8:30 am.
ORDERED this 10th day of May 2020.
City of Renton Hearing Examiner