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UNGER: To clarify then, if the Commission does approve standing, then it's our understanding <br /> that the petitioner will be West Hawaii Surfing Association and you will be the spokesperson. <br /> P. MCMICHAEL: Yes. <br /> UNGER: Okay. And, if we deny petition for standing, Corporate Counsel, can you clarify is <br /> there time for the petitioners to reorganize and refile a petition for standing? <br /> HALL: No, once denied, denial is final. They can't refile. <br /> KEALOHA: Would we be able to request refiling as opposed to denial? <br /> HALL: They represented that they're being, they're not separate parties, they're one party, so if <br /> you deny them as one party, then it's a denial, yeah. <br /> UNGER: If they come back as separate entities? <br /> HALL: They, you can't, they filed one petition as a surfing association, and that petition is <br /> timely. If they were to come back after denial and file another petition, that petition would be <br /> untimely at this point. <br /> UNGER: Okay. Good clarification. Any other questions of the petitioners? Thank you all. <br /> You may be seated. Commissioners, at this time, I'd like to entertain a motion in regard to <br /> petition for standing for our petitioners. <br /> VITOUSEK: I move that we grant the West Hawaii Surfing Association standing in a contested <br /> case based on their indicating that they will be representing their member, Keawe Alapai, who <br /> has displayed a genealogical connection to the property. <br /> KEALOHA: I'll second that motion. <br /> UNGER: We have a motion by Commissioner Vitousek, second by Commissioner Kealoha. <br /> Open to discussion by the Commissioners. <br /> VITOUSEK: Sure, I'll add that, you know, I believe that the information that we have been <br /> submitted along with Mr. Alapai's testimony clearly indicate that he has a genealogical <br /> relationship with the property, and that he has an interest to protect and preserve the historic <br /> properties that are located on the property potentially affected by the development. So, I think <br /> that is one of the main reasons to we have this ability to do a contested case now. The fact that <br /> his interests are represented by the West Hawaii Surfing Association isn't for me to decide who <br /> gets to represent him in articulating his interests, but I do think that his interests should be <br /> considered, and he should be, have standing in a contested case. <br /> KEALOHA: I share the same view. His direct lineal descendancy has been established and, <br /> therefore, as the surf association represents his interests, I support that as well. <br /> 23 <br /> EXHIBIT A <br />