Laserfiche WebLink
th <br />W. YUEN: So like the 29 day. <br />GRAHAM: Just wondering whether the next Kona side meeting falls within the time <br />period for an SMA permit. <br />TORIGOE: Well, basically what we’d want to do if you want to start the clock <br />running, I think you should formally close the hearing today, if you want to do that; and then 30 <br />th <br />days would run from today. What is today, today is the 15. <br />GRAHAM: Yeah, since it’s February it’s only a 28-day month. Then I would think <br />th <br />that the 16 of March would fall within the 30 days, just barely. Is that correct, Norman? <br />HAYASHI: I think we would meet the 30-day requirement, but we could always have <br />nd <br />it on March 2, which is within that time period, although the meeting is in Hilo. It doesn’t <br />necessarily have to be on the West side. <br />GRAHAM: Well, I think we’d prefer on the West side, if we can, because of the public <br />testimony aspect. Ms. Bail, understanding what Mr. Yuen is requesting, is that okay with you? <br />BAIL: No, we would oppose an extension of time. <br />GRAHAM: Mr. Torigoe? <br />TORIGOE: Just to be clear, the Rule provides for another 30 days without any further <br />action. So basically if the Commission were just to deadlock today, then under the Rules, unless <br />there is some affirmative action taken, it would stay on the agenda for another 30 days. And then <br />if there is no decision at that point, then it would be a default, a denial. <br />BAIL: I understand. <br />W. YUEN: I understand under the Rules it’s automatically deferred without any action <br />then, as long as the action is taken within 30 days. Is that what you are saying? <br />TORIGOE: Right. Basically that if there is no action taken today, then under the <br />Rules it would come up again, or it could come up again, within the next 30 days. And if no <br />decision is made, then it would be a default denial. <br />GRAHAM: Ms. Bail? <br />BAIL: In my view that means it’s up to the Commission to determine whether to <br />continue it on the next agenda, and it’s our position that we do not request the continuance. <br />GRAHAM: Is that correct the Commission has to affirmatively choose to continue? <br />TORIGOE: Well, no, I think the Rule basically leaves it alive for another 30 days, <br />assuming that we close the hearing today. And when you put it on the agenda, whether it’s the <br />Hilo meeting or the next Kona meeting, is up to the Commission. <br />EXHIBIT C <br />23 <br /> <br />