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think this is a clear-cut issue. And the question of whether or not the Board of Appeals gives them their, you know, filing fee back, that's really not a matter that we can consider. WATANABE: Thank you. SIRACUSA: You are correct. And I thank you for pointing that out to me. WATANABE: Okay. Any further comments, Mr. Alameda? ALAMEDA: Yeah, I just want to say but I mean Ms. Siracusa's point is well taken that we should make a mental note of that; just because it's commonly done, it doesn't make it right. That's all. WATANABE: Mr. Domingo. DOMINGO: Just wondering. Does this apply to the Special Permits also? The collection of fines? YUEN: Yes. You know, in a sense that if we cited somebody for violating the terms of a Special Permit or other approval, we would, they could appeal If it was a revocation, we would bring it to the Commission; if we were citing somebody for violating the terms and making a fine, then it's something that they could appeal to the Board of Appeals, and so then it would apply to this as well. DOMINGO: If it's a revocation, then if the Planning Commission concurs with the Department, what will then happen with the fines that have been imposed in the past? YUEN: We would, they would stick. Say, what would happen is that we cited somebody for violating terms of a Special Permit and fines are accruing, and then we decided to bring the matter to the Commission to revoke because the Planning Department cannot just revoke the Special Permit; it's the Commission's permit. Then the Commission would vote on the revocation. Now that decision, by the way, doesn't go to the Board of Appeals because only the administrative decisions from the Director go to the Board of Appeals. It used to, appeals from the Planning Commission used to go to the Board of Appeals, but that was changed in the Charter. The appeal from your decision would be to the Circuit Court. Say, if you revoked a Special Permit and the person didn't like that decision, then they can appeal that to the Circuit Court. WATANABE: Okay, thank you. Any further discussion on this matter? SIRACUSA: I'm prepared to make a motion, if there is no discussion. WATANABE: Okay, it seems like we are ready for the motion then, Ms. Siracusa. SIRACUSA: In the matter of the Planning Director initiated amendment to Chapter 25, Zoning Code, Article 2, Division 3, Hawaii County Code 2005 Edition, as amended, relating to administrative enforcement, I move that we approve 6