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Commission grants continuance in John Pollard appeal, orders stipulated facts from parties
Summary
The Commission continued the appeal hearing for John Pollard's inclusion on the expanded compliance control list to the December regular meeting and ordered parties to submit joint (or individual) statements identifying stipulated and disputed facts at least 21 days before the hearing.
The Building Inspection Commission voted unanimously to continue the appeal filed by John Pollard regarding his placement on the expanded compliance control (ECC) program list and ordered the parties to submit a joint stipulation setting out disputed and undisputed facts in advance of the rescheduled hearing.
President Alexander (name variants appear in the record) summarized the procedural history: Pollard filed the appeal on April 15; the commission adopted appeal rules on June 12; the initial hearing had been set for Sept. 18 but was continued after Pollard's counsel raised discovery and record‑production concerns. DBI subsequently shared records and the parties met informally to narrow issues, the president said.
Pollard's counsel, Edwin Prather, said he and his client can appear on the earlier December date and asked the commission to enforce its discovery rules; other public commenters urged the commission not to delay given allegations related to DBI oversight. Several commissioners said the additional time could address alleged prejudice arising from late production and help narrow issues for a focused hearing.
In addition to continuing the hearing to the December regular meeting, commissioners ordered the parties to submit a joint statement of stipulated and disputed facts (or individual statements if a joint submission is not possible) at least 21 calendar days before the rescheduled hearing. Commissioners also discussed making those stipulations available to the public before the hearing.
Next steps: the hearing is continued to the December BIC meeting (date to be confirmed); the parties must submit stipulated/disputed facts 21 days before that hearing and DBI will meet and confer with Pollard's counsel in the interim.
