2022-01-10 - Second Revised Prehearing Order -- Mann2
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BEFORE THE HEARING EXAMINER FOR
THE CITY OF FEDERAL WAY
David Mann
SECOND REVISED PRE -HEARING ORDER
Administrative Appeal
This prehearing order is issued as a result of a pre -hearing phone conference held on December 1,
2021 and email exchanges between all parties afterwards. Adopted rules of procedure are posted at
the City's website as "City of Federal Way Hearing Examiner Rules of Procedure." Case specific
rulings are as follows and shall supersede any conflicting Rules of Procedure:
A. Designated Parties and Email Distribution. The persons listed below shall speak and
receive documents on behalf of each party (City and Appellant). All documents required by this
Order should be emailed to all the email addresses below or shall otherwise be received by the parties
below by the deadlines set by this prehearing order. Documents will be considered timely submitted
if emailed on the date required. The time due for any documents sent by email is 5 pm of the date
due unless otherwise specified by this order.
Hearing Examiner's Office
Phi101brechts: olbrechtslaw@gmail.com
City of Federal Way
PRE -HEARING ORDER - 1
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Stephanie Courtney. Stephanie.Courtney@cityoffederalway.com
Kent Van Alstyne Kent.VanAlstyne@cityoffederalway.com
Appellant
David Mann mann.dl@gmail.com
B. Hearing Date. The appeal hearing will be held virtually on February 25, 2022 starting
it 9:00 am. City staff shall host the hearing and notify the parties ahead of time on how to participate.
C. Exhibit and Witness Lists. Exhibit and witness lists are due on the dates specified in the
schedule below. Witness lists should include a summary of the testimony to be provided by each
witness. No witnesses other than those identified on witness lists will be allowed to testify at the
appeal hearings except as necessary to rebut evidence presented by other parties. Only exhibits
identified in the exhibit lists will be admitted into the administrative record except those submitted in
response to evidence presented by other parties. Copies of all exhibits identified in the exhibit lists
shall be served on all other parties on the dates the exhibit lists are due.
E. Hearing Format. The order of presentation for the appeal hearing will be Appellant;
City; Appellant rebuttal; City Closing; Appellant closing.
F. Cross -Examination. All witnesses will be subject to cross-examination. Reports
written for the project will be admitted without cross-examination of the author if the author is not
present at the hearing and no email objection is sent to the examiner within 48 hours of receipt of the
report.
G. Schedule. The following schedule applies:
2/l/22
Prehearing motions due.
2/8/22
Motion responses due.
2/10/22
Motion replies due.
2/18/22
Witness and Exhibit Lists due.
2/22/22
Rebuttal Witness and Exhibit Lists
2/25/22, 9:00 am
Hearing, 9:00 am
ORDERED this 1 Oth day of January, 2022.
PRE -HEARING ORDER - 2
Hearing Examiner for Federal Way