2021-07-15 DRAFT Joint Hearing Exh B

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meeting. Let's see, there was one suggestion across the board that we agreed with at the Board of Appeals that we'd like to propose to the Planning Commission and that is when we were making this change, we were focused on removing the reference to "copies". So, we kept the language original and whatever it was. They suggested removing the term "original" and just referring to that particular document. So, where it would say an "original"with the deleted reference to copies of any written communication. We would just say, "any written communication" and delete the term original or if it said, "the original application"we would delete "the original" and just put"the application". So, if the Commission is okay with that, the Department staff can go through and any reference to "original"just refer to that particular document. That was one of the changes that we'd like to be consistent, not only with Board of Appeals but just across the board. Lastly, our Corporation Counsel Jean had a suggestion in reference to I believe 4, Rule 4-30, is that correct Jean? CAMPBELL: Yes. Rule 4-30 addresses the certain decisions and order from the Commission and we're viewing this as the equivalent of a court decision. Currently as Malia noted, most court documents are received electronically and then put out electronically. So, if we were, if the Commission were a court rather than a Commission, the court order, the court's decision at the end of the proceeding would be submitted electronically to the parties. And so, rather than require personal service of Decisions and Orders we would like to suggest that Section 4-30 would read "Decisions and orders shall be provided as certified copies to the parties of record. When a party to a proceeding has appeared by a representative, service upon such representative or counsel shall be deemed to be service upon the parry." So, we would delete the middle sentence there, that requires either mail or personal service and this would allow the Commission to conclude its proceedings by sending its Decision and Order out electronically. Which is consistent with the way the Courts are doing in Hawaii these days. DARROW: You had also mentioned Jean in your email to add the word"as" and "or". CAMPBELL: Yes, as I read it. So, it would be "Decisions and orders shall be provided as certified copies to the parties of record". And the middle sentence is stricken. The final sentence reads" When a parry to a proceeding has appeared by a representative, service upon such representative and instead "of counsel" it would read representative or counsel shall be deemed to be service upon the parry". So, we thank Corey for her addition of the word"as"that clarifies that and then we're essentially correcting a typo to change "of'to "or". DARROW: I believe that's all I have unless Director Kern if you have any other additions? KERN: No additions, thanks. DARROW: Thank you. REPLOGLE: Mr. Clarkson? CLARKSON: Yes, I have a question, why the reference to applications and bankruptcy is in the rules at all. I mean, why should it make any difference whether a person is paid or not paid their 9 EXHIBIT B (DRAFT)