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before judicial review for any aggrieved party. And that basically means that the provisions of <br />Rule 4 which pertain to contested cases would basically apply, exceptto the extent that the <br />parties agree to modify them. This is a good thing to keep in mind about all of the final <br />decisions that you make are pretty much to be considered contested cases that can be taken up to <br />court for review. Even if there is not an intervenor who formally is asking for, you know, a trial <br />like proceeding, at least it still should be considered contested cases, and it can be taken up for <br />review. This means also that the parties will havethe opportunity to call witnesses, cross- <br />examine them and do other things that are allowed them under Rule 4. <br />SPRINGER:Thank you, Mr. Torigoe. Commissioners, are there anyquestions about <br />the authority and rules under which were conducting this agenda item? <br />SIRACUSA:I-. <br />SPRINGER:CommissionerSiracusa? <br />SIRACUSA:Usuallyinacontestedcasehearingitsheldlikeacourtandthe <br />intervenors can cross examine, both sides can cross examine. And Im wondering how that <br />would work out here if we dont have an intervenor? How will we be able to illicit all the <br />information? <br />SPRINGER:Mr. Torigoe? <br />TORIGOE:Thank you, Madam Chairman. Essentially, you have the applicant who is <br />a party and, at this point, also under the rules the Director would also be a party. So these would <br />be the primary parties and they could call also witnesses. So thats how that would work. <br />SPRINGER:Commissioner Graham? <br />GRAHAM:Directed to our Corporation Counsel. Is this any different than the prior <br />application before us with Mr. Holmes where hes going for a permit also and then his next <br />alternative would be to go to court if we turned it down, I guess? <br />TORIGOE:Thats correct. <br />GRAHAM:Thank you. <br />SPRINGER:Were responding to a request to clarify the record on this matter. <br />Commissioners, any further questions of Mr. Torigoe? In that case, Mr. Vitousek. <br />VITOUSEK:Yeah, well, Im sorry, Madam Chair. The other, the other procedural <br />matter is, I think, we need to confirm that there have been no requests to intervene. In other <br />words, there have been no written requests to intervene and the Commission has not approved <br />any requests to intervene. So that, as Mr. Torigoe said, the parties to this action are the applicant <br />and the Department. <br />4 <br /> <br />