ILLINOIS POLLUTION CONTROL BOARD
    April
    9, 1992
    JAMES W. TURNER,
    SR.,
    )
    Complainant,
    v
    )
    PCB 91—148
    (Enforcement)
    DON FRA~KE,
    )
    Respondent.
    ORDER OF THE BOARD
    (by R.C. Flemal):
    This matter comes before the Board on a motion for rehearing
    filed by Don Franke
    (Franke)
    on March 25,
    1992.
    Franke states
    that he retained counsel seven days before the hearing,
    and did
    not have adequate time to prepare his defense.
    Franke also
    alleges that although he did engage in discovery with the
    complainant, complainant did not fully comply.
    Franke requests a
    rehearing in this matter pursuant to 35 Ill.
    Adm. Code 103.240,
    further asserting that the hearing was conducted in an unfair
    manner.
    Upon review of the record, the Board finds that the hearing
    was conducted in a fair manner and that Franke had adequate
    opportunity to present his defense.
    In its February 27,
    1992
    opinion, the Board addressed the issue of an additional hearing:
    At points during the hearing, the attorneys for
    respondents in PCB 91-146 and PCB 91—148 joined in
    objecting to certain dates of alleged noise occurrences
    attested to by witnesses.
    The objection was based on
    the fact that these dates were not disclosed prior to
    hearing through discovery and in the complaint,
    resulting in alleged surprise.
    The hearing officer
    gave the respondents opportunity to come back on
    another date to rebut anything they had heard.
    The
    attorney for respondent Franke refused, stating that no
    rebuttal is necessary.
    (Tr.
    122.)
    The Board finds
    that there was an opportunity to cure any alleged
    surprise; therefore the objection fails.
    It is only after the Board rendered its determination in
    favor of the complainant that Franke now desiresan additional
    hearing.
    The motion for rehearinq is denied.~
    IT IS SO ORDERED.
    132—75
    —2—
    Section 41 of the Environmental Protection Act,
    Ill.
    Rev.
    Stat. 1991
    ch.
    111½ par.
    1041, provides for appeal of final
    orders of the Board within 35 days.
    The Rules of the Supreme
    Court of Illinois establish filing requirements.
    I, Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Board~hereby certify
    t t1~eabove order was adopted on the
    ~
    day of
    _________________,
    1992, by a vote of
    A
    Il
    Control Board
    132—76

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