|DOUGLAS COUNTY HEALTH|||||CASE NO. 603|
|COUNTY OF DOUGLAS, A Political||||
|Subdivision of the State of||||
This matter came on for determination before the Honorable John B. Ashford upon the objections of the Respondent to the Interrogatories served upon the Respondent by the Petitioner. The Petitioner was represented by its attorney, Thomas J. Young. The Respondent was represented by its attorneys, H. L. Wendt and William A. Harding.
On October 16, 1985, the Petitioner filed a Petition with the Commission and improperly served a copy on the Administrative Assistant of the County Board on October 17, 1985. Initially, interrogatories were not served with the Petition. However, the Interrogatories were served with the Petition when the Petition was properly served with a supplemental proof of service upon the County Clerk on October 23, 1985.
Rule 21 (A) of the Commission states that the Interrogatories shall be served at the time the Petition is filed. In the view of the Commission, the Petitioner complied with the rule when he served the Interrogatories with the Petition on the County Clerk. To rule otherwise would preclude discovery by a Petitioner anytime that service is not properly made on the first attempt. Thus, we find that the Respondent's objections to the Petitioner's Interrogatories should be overruled.
IT IS, THEREFORE, ORDERED that the Respondent's objections to the Petitioner's Interrogatories are hereby overruled.
Entered November 19, 1985.