HomeMy WebLinkAbout02-24-2020 - REVISED Prehearing Order
PRE-HEARING ORDER
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THE HEARING EXAMINER OF THE CITY OF RENTON
RE:
TracFone Wireless, Inc.
Administrative Appeal
REVISED1 PRE-HEARING ORDER
The schedule and procedural rules outlined below apply to the above-captioned appeal.
This prehearing order is based exclusively upon the prehearing conference conducted
on February 18, 2020 at 10:00 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
1 The Order has been revised to change the starting time on 9/15/20 from 1 pm to 10 am.
PRE-HEARING ORDER
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Appellant
Scott Edwards Scott Edwards
Lane Powell, PC
1420 5th Ave., Suite 4200
Seattle, Washington 98101
EdwardsS@LanePowell.com
City of Renton
Kari Sand
Kari Sand
Ogden Murphy Wallace
901 Fifth Ave., Suite 3500
Seattle, WA 98164-2008
ksand@omwlaw.com
B. Hearing Date. The appeal hearing will be held on September 15 at 10:00
am and September 16, 2020 at 10:00 am in the 7th Floor City Council Chamber at
Renton City Hall at 1:00 pm.
C. Exhibit and Witness Lists. The parties are required to exchange witness
and exhibit lists per the schedule below. Witness lists should include a summary of the
testimony to be provided by each witness along with a general estimate on the length of
the testimony. The time estimates are just for scheduling purposes. Witnesses will not
be bound to the estimates. The exhibit lists shall list any documents, recordings, videos
or photographs that the parties intend on presenting at the appeal hearing. No exhibits
or witness testimony 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, the taxpayer 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. Taxpayer’s opening and presentation of evidence.
2. City’s opening and presentation of evidence.
PRE-HEARING ORDER
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3. Taxpayer’s rebuttal evidence.
4 City’s closing arguments.
5. Taxpayer’s closing arguments.
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 witness and exhibit lists. Documents qualify as live
testimony if the substantive content was prepared specifically for the appeal.
F. Schedule. The following schedule applies:
3/20/20 Discovery Plan due
5/15/20 Preliminary Witness/Exhibit Lists due
7/31/20 Discovery Cut-off
8/14/20 Final Witness/Exhibit Lists due
8/28/20 Pre-hearing briefs due
9/15/20 Appeal hearing commences and runs at dates and times specified in
Paragraph A.
ORDERED this 24th day of February 2020.
City of Renton Hearing Examiner
PRE-HEARING ORDER
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