ILLI
NOl S
POLLUTION
CONTROL
BOARD
April
3,
1980
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY,
)
Complainant,
v.
)
PCB 79—142
CITIZENS UTILITIES COMPANY,
Respondent.
ORDER OF THE BO~Rf) (by Mr. Goodman):
On April
3,
1980 ~he hearing officer referred
to the
Board his decision on Respondent’s March
20,
1980 motion to
sequester expert witnesses of the Agency during the cross—
examination of these witnesses pursuant to Procedural Rule 308(f).
The Board affirms the hearing officer’s ruling granting the
motion.
The cases cited in pleadings in Citizens Utility Company
v.
IEPA,
PCB 78-313,
relative to this matter make
it clear that
decision on this motion lies within the sound discretion of the
hearing officer,
the trier of fact
in this proceeding.
The
Board
finds no abuse of the excercise
of this discretion
at hear-
ing,
nor is there indication of clear prejudice to Complainant
in
allowing
the motion.
IT IS
SO
ORDERED.
I,
Christan
L,
Moffett,
Clerk
of
bhe
Illinois Pollution
Control Boar~,hereby certify that the above Order was adopted
on the
day of
4J,
1980 by a vote of
Christan
L. Moffett,
rk
Illinois Pollution Control
Board