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CARR SMITH: It seems - - -
<br /> VAN PERNIS: - - - can be fair and impartial.
<br /> CARR SMITH: It seemed like you had already made up your mind about the applicant—
<br /> VAN
<br /> pplicantVAN PERNIS: Well, maybe
<br /> CARR SMITH: prior.
<br /> VAN PERNIS: —other Commissioners have made up their minds, too. But I submitted what I
<br /> submitted at the direction of this Department; the Department got the opinion of legal counsel, and
<br /> then it went out. If
<br /> CARR SMITH: speaking of that, J Yoshimoto, our corp. counsel, could you weigh in on this,
<br /> please?
<br /> YOSHIMOTO: Okay, thank you, Madam Chair. Mr. Van Pernis is correct; he had asked to, for the
<br /> best method to distribute his thoughts regarding this particular matter. And so, you know, initially,
<br /> he had talked about, as I understand it, wanting to bring this with him and pass it out to the members,
<br /> but because we were having a virtual meeting, he suggested an email. And I said that was okay as
<br /> long as there is no back-and-forth of discussions regarding this matter in the email, I mean, excuse
<br /> me, yeah, in the email, so in other words just a one-way transmission. Mr. Van Pernis, is that your
<br /> understanding?
<br /> VAN PERNIS: That is my understanding. Thank you.
<br /> YOSHIMOTO: Okay, and then, so, I do have one concern, or a couple of concerns, to raise with the
<br /> Commission. With respect to the second point in Mr. Van Pernis's email, his written position, he
<br /> talks about following up with Mr. Rapoza after receiving testimony. And I want to raise this to the
<br /> Commissioners' attention because under the Administrative Procedures in Chapter 91 of the Hawaii
<br /> Revised Statutes, this Commission, when it receives evidence, it receives evidence as a body, as a
<br /> whole; in other words, no particular commissioner should be going out and doing any kind of
<br /> independent following-up even with good intentions. And so, it sounds like—and, you know,
<br /> Mr. Van Pernis can speak to this issue but it sounds like, you know, he did contact Mr. Rapoza
<br /> regarding something related to this matter, and that's not appropriate. And so if that is the case, you
<br /> know, my recommendation to the Commission would be either to have a motion to strike that
<br /> portion because really when you look at it, it's, it's a, again, it's going outside of the scope of what
<br /> the Commission acts as a body. Anyway, that's, that's pretty straightforward, but I'll be happy to
<br /> answer any questions regarding that point.
<br /> CARR SMITH: Commissioners, would you like to weigh in on this? Mr. Vitousek, go ahead.
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<br /> EXHIBIT C
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