III. Procedural Background
The Administrative Law Judge (ALJ) convened two prehearing conferences (PHC) in this investigation. At the second PHC on November 28, 2001, Baeza and the Commission's Consumer Services Division (CSD) agreed to submit the matter upon declarations and briefs, and waived cross examination and the need for evidentiary hearings. CSD submitted the (1) declaration of James H. Badgett and attachments A through R; (2) supplemental declarations and reports of William G. Waldorf dated August 17 and November 29, 2001 and January 3, 2002; and (3) declaration of Ms. Carlyle dated November 30, 2001.1 Baeza submitted two declarations dated December 13 and 18. The matter was submitted with the filing of briefs on February 13, 2002.
The OII categorized this investigation as adjudicatory and set the matter for evidentiary hearings. The Scoping Memo confirmed this designation. Because the matter can be resolved on the parties' declarations, we determine that hearings are no longer necessary and our order today makes that change to the OII and Scoping Memo's determination.
1 On February 13, 2002, Waldorf also submitted an additional declaration attached to CSD's supplemental brief updating Baeza's operations. Baeza had the opportunity, but chose not to reply to this supplemental brief and declaration.
