HomeMy WebLinkAbout6. [Proposed] Order Granting Motion for Reconsideration
BEFORE THE HEARING EXAMINER OF THE CITY OF RENTON
RE:
TracFone Wireless, Inc.
Administrative Appeal
[PROPOSED] ORDER GRANTING
RESPONDENT CITY OF RENTON’S MOTION FOR RECONSIDERATION
THIS MATTER having come before the Hearing Examiner on Respondent City of Renton’s Motion for Reconsideration to correct the Excel spreadsheet marked Exhibit H2, which inadvertently
included a summation error in a formula for calculating the total interest due. Specifically, the formula inadvertently included only the most recent three years of the audit period
instead of the entire audit period on cell I20. This error resulted in an overstatement of the amount of refund due to Tracfone in the amount of $15,924.69, as well as a decrease in
the post-hearing date per diem interest rate for overpayment interest. The Hearing Examiner therefore corrects the total refund due to TracFone as of the date of the hearing to $48,161.47
in audit corrections, plus refund interest of $2,427.34, for a total refund of $50,588.81, consistent with Exhibit B to the Declaration of Nate Malone in Support of the City’s Motion
for Reconsideration.
It is hereby ORDERED that Respondent City of Renton’s Motion for Reconsideration is GRANTED, and the erroneous spreadsheet marked Exhibit H2 is hereby replaced with the corrected spreadsheet
marked Exhibit B to the Declaration of Nate Malone in Support of the City’s Motion for
Reconsideration, the Final Determination is hereby modified consistent with said Exhibit B, and the total refund due to TracFone as of the date of the hearing to $48,161.47 in audit
corrections, plus refund interest of $2,427.34, for a total refund of $50,588.81.
IT IS SO ORDERED this ___ day of June, 2021.
___________________________________
PHIL A. OLBRECTS
City of Renton Hearing Examiner
Presented By:
OGDEN MURPHY WALLACE
By /s/ Kari L. Sand
Kari L. Sand, WSBA #27355
Julia Norwood, WSBA #52876
Attorneys for Respondent City of Renton
ksand@omwlaw.com
jnorwood@omwlaw.com
901 Fifth Avenue, Suite 3500
Seattle, WA 98164-2008
CERTIFICATE OF SERVICE
I, Kenya Owens, an employee of Ogden Murphy Wallace, PLLC, certify that on the date below, I filed and served the Proposed Order Granting Respondent City of Renton’s Motion for Reconsideration
on the following parties:
TracFone Wireless, Inc.
Scott Edwards
Lane Powell, PC
1420 5th Avenue, Suite 4200
Seattle, WA 98101
EdwardsS@LanePowell.com
Grant S. Degginger
Lane Powell, PC
1420 5th Avenue, Suite 4200
Seattle, WA 98101
DeggingerG@LanePowell.com
I declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct.
Executed at Seattle, Washington this 18th day of June, 2021.
/s/Kenya Owens
Kenya Owens
Legal Assistant