Procedural Background

We held a prehearing conference on May 14, 2002, to establish the scope of this proceeding. An evidentiary hearing was held on August 5, 2002. Pac-West presented two witnesses, John Sumpter and Rodney Wallin. Pacific also presented two witnesses, Michael Slater and Sandra Douglas. Opening and reply briefs were filed on September 19 and November 7, 2002, respectively. By an October 1, 2002, ALJ ruling, Pac-West's motion to set aside submission was granted, the accompanying Affidavit of John Sumpter was filed, and Pacific was granted leave to file a supplemental affidavit. Pacific filed the Declaration of Adam Nicholson on October 18, 2002, and this proceeding was deemed submitted on that date.