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they have continued to operate or continued in the violation during the time of the appeal they <br />will have an additional fine that’s accrued. So then they have to be careful about their decision <br />to continue. <br />ALAMEDA: Okay. I was just thinking I thought it might, I like the proposal because it <br />would limit the frivolous appeals, if you will. <br />WATANABE: Do we have any further -? Mr. Woodward. <br />WOODWARD: Well, I think it’s basically a great idea. You can’t use the Board of <br />Appeals as an out if you’ve committed a violation to avoid the penalties; and that’s what people <br />are doing right now. You know, if the IRS tells you owe money, they are not going to wait, you <br />know; and you’ve got to pay it now.Same thing should be true here, that is if there has been a <br />violation you pay the fine. If, you know, you take it to IRS court, or to the Federal courts, and <br />you win then the IRS gives you your money back. Same thing ought to happen here. If you go <br />to the Board of Appeals and you win, then we give you your money back, not a problem. <br />WATANABE: Thank you. Do we have any further comments? <br />ALAMEDA: Well, I’m ready to make a motion or -. Are we deferring? <br />WATANABE: Yes, we would be deferring, so maybe it’d be simpler if we defer by <br />consensus to continue to the next West Hawaii meeting. With that, if everyone is okay, all in <br />favor of continuing to the next West Hawaii meeting, please say aye. <br />COMMISSIONERS: Aye. <br />WATANABE: Any opposed? Thank you. By the way, for the record there was no one <br />signed up to testify for this. <br />The discussion ended at 10:05 a.m. <br /> Respectfully submitted, <br /> Sharon M. Nomura, Secretary <br /> EXHIBIT D <br />6 <br />