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CLARKSON: I just had a question for Malia, can we temporarily move that the Commission as <br /> a whole conduct the contested case hearing and then if the mediation fails hire a hearings officer <br /> to substitute for the Commission or do, we have to decide irrevocably right now who is going to <br /> be the hearings officer who's going to hear the contested case? <br /> HALL: Yes, that would be the best, that would also allow the Applicant and the Petitioner to <br /> know who will be hearing so, if it is the entire Commission or just a Commissioner versus a <br /> hearing officer that should be decided now. <br /> REPLOGLE: Thank you. <br /> CLARKSON: Thank you. <br /> REPLOGLE: Okay, I'll entertain a motion of one of those 3 choices gentlemen? One of us, all <br /> of us excuse me or a hired hearing officer? <br /> RAFFIPIY: Mr. Chair, I'd like to make a motion? <br /> REPLOGLE: Mr. Raffipiy? <br /> RAFFIPIY: I'd like to make a motion that one of us be the hearing officer appointed as the <br /> hearing officer and I'd like to nominate Mr. Replogle to be the hearing officer. <br /> AU: I second that. <br /> AGUINALDO: Third. <br /> REPLOGLE: Okay, I would be willing to do it and let us take a vote on that maybe we don't <br /> need to vote I don't have any competition unless you'll would like to do it Joe? <br /> CLARKSON: No, no, I'm glad that you're doing it John. I move that Mr. Replogle act as <br /> hearing officer and conduct the contested case hearing. <br /> JACKSON: Chair Clarkson, we already have <br /> CLARKSON: Yeah, yeah. <br /> JACKSON: So, I will go ahead and take a voice vote if that's okay. <br /> REPLOGLE: Absolutely, please do. <br /> CLARKSON: Aye. <br /> JACKSON: So, the motion is to designate Chair Replogle as the hearings officer if a contested <br /> case hearing is held. Commissioner Raffipiy? <br /> EXHIBIT B <br /> 19 <br />