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01-09-18 Regular Session Minutes
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01-09-18 Regular Session Minutes
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people are here ... we just move to an informal hearing ... but I think <br />it should be very clear to the petitioner as to what's you know ... the <br />procedure is...what's going on... <br />Ms. Aste: Yes. <br />Mr. Goodenow: You have a right to request a formal hearing from the start <br />and... couldn't he at the initial hearing say I don't want anything <br />else ... I want a formal hearing ... is that correct .... I should know <br />this but... <br />Ms. Aste: One other question... just an information question... with the <br />hierarchy of it ... the initial hearing ... the informal hearing and the <br />formal hearing... absent rules for the informal hearing... wouldn't <br />the rules for a formal hearing prevail such as discovery and cross- <br />examination... <br />Ms. Kahakalau: Well I think first of all I don't think it's a hierarchical... <br />Ms. Aste: And how are they.... <br />Ms. Kahakalau: Hierarchical .... there's an informal hearing and then you can go <br />formal or you can go informal. <br />Ms. Aste: You mean an initial hearing... <br />Ms. Kahakalau: Sorry ... yeah there's the initial hearing and then you could go <br />either way or be dismissed and because it is an initial <br />hearing... there are different rules that guide the initial hearing that <br />guide an informal or formal... that's my understanding. <br />Ms. Aste: But if it is subservient to ... wrong word ... the formal <br />hearing... wouldn't the formal hearing rules prevail ... I'm just <br />trying.. . <br />Mr. Goodenow: The purpose of the informal hearing is not to have all the rules to <br />try and quickly see what can be ... you know... resolved... <br />Ms. Aste: But if that... <br />Mr. Goodenow: The informal hearing is so we don't have the very court like <br />procedures that would take a lot of time and we have other... a lot <br />of ... you know ethics matters to deal with but ... corp. counsel I was <br />going to ask you before I had to comment... regarding the rules <br />regarding... what it says about the informal hearing ... but I think <br />25 <br />
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