Public Comment (8) - Laserfiche WebLink

In rebuttal, the applicant addressed a few points raised in the testimony and noted that it had a lot of work to do and would prepare complete responses and new evidence during the open record period. There were several requests to hold the record open to allow time for submission of additional evidence. The hearing official consulted with the applicant, Messrs Snyder and Matthews, and staff about the amount of time needed to address the testimony and new information expected. The applicant stated that it would provide a five-week extension of the 120-Day Rule to allow sufficient time to do its work. The hearings official thus established the following deadlines: August 22, 2012 for submission of new evidence, September 5, 2012 for submission of rebuttal, and September 12, 2012 for the applicant's final argument. On September 6, 2012, Southeast Neighbors submitted an email requesting an extension to the rebuttal period in order to rebut the evidence the applicant provided during the rebuttal period provided above. The hearings official issued an order denying the extension of time. Subsequently, on September 7, 2012, the applicant filed a response to Southeast Neighbor's request, and on September 11, 2012, Mr. Snyder, representing Southeast Neighbors, submitted a supplemental response. The applicant then timely submitted its final argument on September 12. The hearings official accepts the applicant's September 7, 2012 response into the record because the applicant submitted that material within the time allowed for the applicant to submit final argument after all other parties have filed whatever they want to put into the record. Hence, the hearings official is treating that document as part of the applicant's final argument. However, Southeast Neighbors clearly filed its September 11, 2012 document after any time allowed for its to submit new evidence or response to the new evidence (i.e., after the record had closed to Southeast Neighbors), and specifically in violation of the hearings official's order denying its request for time to file a supplemental rebuttal.' The hearings official did not consider Southeast Neighbors' September 11, 2012 submittal. Except for Southeast Neighbors' September 11, 2012 submittal, the hearings official accepts all documents and testimony as part of the record. Documents in the Record Considered by the Hearings Official: Applicant's Final Argument (Sept. 12, 2012) Hearings Official's Order Denying South east Neighbor's Request to Reopen the Record (Sept. 7, 2012) I The hearings official cautions Mr. Snyder to review Oregon RPC 3.1 (and perhaps others) before filing documents in violation of order prohibiting such a filing. Here, the right to file the September 11, 2012 had no basis in law. If Southeast Neighbors believed the hearings official's order was erroneous, an appropriate response would be been a brief follow up letter stating so and preserving the matter for appeal to the extent the original request for additional time had not already fully preserved the issue. Hearing Official Decision (PDT 10-2, CU 11-1) 3