WPC PROPOSED FINDINGS OF FACT, CONCLUSIONS OF LAW, DECISION AND ORDER

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Conclusions of Law and Recommendation. The Planning Department also submitted exceptions to the Hearing Officer's report. 11. On May 1, 2014, the Commission voted to uphold the Hearing Officer's recommendation and deny SPP 12-000138. 12. On May 19, 2014, the Commission issued its final Findings of Fact, Conclusions of Law, Decisions and Order. 13. On June 9, 2014, and June 19, 2014, CBESS and Connections, respectively,filed timely notices of appeal of the Commission's Decision and Order in the State of Hawaii Third Circuit Court ("Circuit Court"). 14. After hearing arguments on the matter,the Circuit Court issued a Decision and Order affirming the Commission's decision on July 14, 2015. 15. On January 13, 2017, the Circuit Court entered in its Second Amended Final Judgment in favor of the Commission, Intervenor Gomes,the Planning Department, and the Hearing Officer. 16. On January 21, 2017, Connections filed a timely notice of appeal to the State of Hawaii Intermediate Court of Appeals (ICA). 17. On January 31, 2020, the ICA issued a Memorandum Opinion vacating the Circuit Court's July 14, 2015, Order and January 13, 2017 Final Judgment and the Commission's May 19, 2014 Decisions and Order, and remanded the case back to the Commission for further proceedings consistent with its Memorandum Opinion. 18. On July 6, 2021,the Commission via a letter from the Commission Chair requested the parties provide a brief to the Commission on"[w]hether the Commission should make a decision on the record as presented or open the record and consider new evidence?" 3