2021-08-05 Windward Exh A (Public Testimony re SPP 12-138)

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REPLOGLE: Excuse me, excuse me Mr. Lee Loy. Can you pause. Your testimony is supposed to be in regard to the documentation not problems or issues concerned with the school being there or not being there. We're here today to decide whether to allow new public testimony in or to continue and use testimony already provided and — HALL: Let me just verify that, sorry. REPLOGLE: Go ahead. HALL: Chair. REPLOGLE: Yeah, no, please. HALL: Yes, Mr. Lee Loy basically this is only for a procedural question today on whether we are going to open up the record or just make a decision, the Commission will be making a decision on the record. So, if you would like to testify on the merits of the application that would be happening at the next hearing will have an actual hearing where you can testify to those things. But at this point we are not hearing testimony on the actual school itself just on the procedural question of whether the Commission should make a decision on the records as presented or open up to limited evidence. LEE LOY: Okay, on the procedural question would my testimony given regarding clarification on the figure of the student standard be relevant to today's meeting? REPLOGLE: I don't believe so. The question today is, should we the Commission and please correct me Ms. Hall. Should we the Commission take what is on the record and use that to make a decision as to whether to allow the school to be or to say no, we can't do that. Or, should we allow the record to be opened and now like you're testifying just now, you could do that at the next meeting, if that's what we decide. So, you would be speaking either for going with the previous testimony and not opening it up, or you would like to see it reopened and why. I don't know if that was real clear, but I hope so. LEE LOY: I guess, I feel my testimony would support the fact that the Findings of Fact are legitimate and that there is already evidence within that has been given, but it needs clarification and that's what I'm trying to do as the Circuit Court had remanded to the Commission. I was trying to help clarify that which would help whether it needs to be either used as is or open up for more testimony, I guess. REPLOGLE: Okay. However, your testimony is facts of things as you said that have already been stated and are in the record. Is that correct? LEE LOY: Yes, they are, but I think it needed clarification of where that student standard came from which was not mentioned, which is what the Third Circuit Court of Appeals asked for. 3 EXHIBIT A