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WONG: So I would say to make it easier. It sounds like there's not enough votes to carry the
<br />motion, but for formality purposes, I would ask Peter to do a roll call, vote on the motion to
<br />reverse, or excuse me, on the motion to modify the director's decision. And if it doesn't pass,
<br />then someone can propose another motion. There is a Commission rule that if there are, you
<br />need four votes today, either way for the motion or against the motion. If there are not four
<br />votes, then the chairperson has the discretion to continue it through the next meeting, where
<br />we will have other commissioners who will then have the responsibility, prior to attending that
<br />meeting to go through the record, read the transcript, go through the evidence, and hear
<br />everything, essentially catch up to what was heard today, and they would have an opportunity
<br />at that meeting to be a part of voting on the motion, whatever motion that is at that time. But
<br />in order to get there the motion, basically, it has to be fewer than four votes. And I don't know
<br />if, is that confusing?
<br />McINTOSH: I think it made sense. I got it.
<br />ADAMS: So of the commissioners who are here, we're going to take a vote. We'll ask Peter Sur,
<br />our Secretary, to take a roll call vote, and if we do not have four, a majority, well, it's a super
<br />majority, two thirds of the votes to modify, then we will need to take this up again at our
<br />January 26, I think, meeting, and include the opinions and votes of other commissioners. Did I
<br />say that right.
<br />
<br />WONG: That's correct. And just for everyone's information, this is EMC Rule 7-12, where it
<br />states a decision appealed may only be reversed, modified or remanded upon five affirmative
<br />votes of the Commission. If fewer than seven members of the Commission vote upon an
<br />appeal, and there are fewer than four affirmative votes to reverse, modify or remand the
<br />decision appealed, the chairperson may defer the petition until a future meeting of the
<br />Commission for a second and final vote to be taken on the appeal.
<br />ADAMS: And we would not be collecting any more additional information, it would just be on
<br />the record that we have already created.
<br />WONG: Right. So essentially, what would happen if that's the case is the other commissioners
<br />not present here, but who will be involved with the next meeting, They will have to affirm on
<br />the record that they've reviewed the transcript or watched the recording, reviewed all the
<br />evidence, and they can attest that they can participate in the vote of the motion at that time.
<br />But we would not be taking on additional evidence. I suppose if the Commissioner who is not
<br />present today has questions later on, we might consider reopening the evidentiary portion just
<br />so that they might ask clarifying questions of the parties. And I think that's fair for both parties
<br />and also fair for the commissioners who are not present today. So we can take a look at, if it
<br />gets to that point, reopening just for the purposes of them to ask their questions or get
<br />clarification.
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