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01-09-18 Regular Session Minutes
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01-09-18 Regular Session Minutes
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were given two weeks to prepare a written response to my <br />complaint ... I received notice J's secretary that they had received <br />you know ... the response and this is prior to the hearing date and I <br />said well that's great ... I'd like to get a copy of the response ... now <br />I was told that I couldn't get a copy of the written response <br />because it was confidential ... and now I'm not a lawyer but I <br />have ... my family's had some legal history ... I've attended lots of <br />trials but discovery is a pretty basic function in preparing for a <br />hearing... civil or ethics or whatever hearing it may be ... and I was <br />rather shocked that I couldn't have preparation knowing the <br />response from the people I. complained about so that when I <br />appeared at this table ... I would be prepared to fully move forward <br />with my case ... but the hearing was held ... I showed up and I was <br />handed several pages of the response and had about two and half <br />seconds to read them which meant I set them aside ... I couldn't <br />even look at them ... now this ... receiving these documents prior to <br />a hearing is the processes understood as discovery... and discovery <br />is one of the most basic of procedural formats to efficiently prepare <br />for a trial ... so that both parties are relatively well informed about <br />where we're going ... and so the commissioner such as yourself do <br />not have your time misused as we try to unearth the facts of a <br />case ... be they right be they wrong and... and so that lack of <br />discovery really left me ... poorly prepared to proceed however ... I <br />was asked to present my case and I presented my case ... you know <br />without the benefit of discovery... following my presentation of my <br />case ... I rested ... the respondents came up to the table and they <br />presented their case ... now you can understand that in this there is <br />two points of view in a story ... and I presented my point of view <br />and without any awareness of what was coming ... they presented <br />their point of view ... and their opinion and statements and I had <br />strong questions about some of the statements they made which I <br />felt were not factual ... now at that moment ... the Chair asked are <br />there any questions... and I raised my hand and I said yes I have <br />questions... and I was told you're time to ask questions is in your <br />presentation ... so I was denied cross-examination... now while <br />discovery is rather primary to procedural in a hearing ... cross- <br />examination is equally important in trying to uncover the facts of a <br />case .... and being denied cross-examination... this commission as it <br />was constituted at that time proceeded to take a vote and dismiss <br />my case ... now these two procedural errors both covered under our <br />
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