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01-09-18 Regular Session Minutes
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01-09-18 Regular Session Minutes
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them ... I think the board members... those that were here... actually <br />going through that process of reviewing them and then... accepting <br />them into evidence so that the board could consider those things <br />right so ... so that's the rule that we've had in place since I don't <br />know when these... 1990 when these rules were drafted ... as to the <br />rule amendment issue ... you know I think these points are good <br />points because the board and let me clarify ... the board is in the <br />process of considering rules changes not changes to the code but <br />the rules basically support the code and it can be consistent with <br />the code as well as the charter so I think the points are always good <br />for discussion to make our rules better ... this is a rule ... basically it <br />says what it says and that's been our interpretation of the rule to <br />keep those records confidential until presented to the <br />board ... Mr.... <br />Mr. Goodenow: So ... but ... that would be before the informal hearing ... if there <br />were a formal hearing ... right I mean then we of course ... how does <br />this discovery work with a formal hearing.... <br />Mr. Yoshimoto:. Right so the standard rules of discovery would apply to a formal <br />hearing so in looking back at the minutes ... I believe we talked <br />about the board's procedure in the initial review which we had for <br />this petition ... and then there's other steps that we can take as far as <br />an informal hearing or a formal hearing... <br />Mr. Goodenow: How... well... what do we have to do to have a formal hearing? <br />Mr. Yoshimoto: So there ... the board can initiate a formal hearing or one of the <br />parties can request a hearing but the board needs to make a finding <br />and to find it necessary you know to do so. <br />Mr. Goodenow: So we would say we need the formal hearing and then it's like a <br />contested hearing you have a... <br />Mr. Yoshimoto: Right. <br />Mr. Goodenow: Witnesses and... <br />Mr. Yoshimoto: So you know as the rules point out I think it's our rules 6.2 I think <br />you know ... board member Goodenow you mentioned that <br />right ... 6.2 for formal hearings ... it talks about formal hearings ... it <br />talks about ... subpoenaing witnesses... production of any books, <br />0 <br />
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