Title
Request for Authorization to appoint a representative petitioner on behalf of the City of Rochester Hills in the MDEQ Stormwater Permit Contested Case
Body
Whereas, on July 17, 2008 the City file Petitions for a Contested Case Hearing with respect to NPDES General Permit Nos. MIG 610000 and MIS049000 with the Michigan Department of Environmental Quality, Office of Administrative Hearings, in accordance with the provisions of the Michigan Administrative Procedures Act 1969 PA 306, and the Administrative Rules promulgated in accordance with the Act; and,
Whereas, approximately 70 southeastern Michigan governmental entities filed Petitions for a Contested Case Hearing regarding NPDES General Permit Nos. MIG 610000 and MIS049000; and
Whereas, the Administrative Law Judge consolidated the contested Cases pursuant to Rule 324.59e(1) of the Michigan Administrative Code citing "substantial and controlling common question of fact or law" between the Contested Cases; and,
Whereas, at the October 1, 2008 Pre-hearing Conference, the Administrative Law Judge issued an Order, attached as Exhibit A, ordering all of the Petitioners to meet and discuss the appointment of "Representative Petitioners" pursuant to Rule 324.59e(1)(d) of the Michigan Administrative Code; and,
Whereas, Rule 324.59e(1)(d) states the Office of Administrative Hearings may on its own motion appoint a representative petitioner to fairly and adequately assert and protect the interests of all petitioners; and,
Whereas, without waiving any objection that Rule 324.59e(1)(d) is violative of the City's due process rights, the City seeks to indicate that the City desires to be appointed as a representative petitioner, or, alternatively, to choose a representative petitioner to assert and protect its interests.
Now, Therefore, Be It Resolved, that the City of Rochester Hills asserts that it desires to be a representative petitioner, or, alternatively, chooses any of the following Petitioners as its re...
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