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2005-03-18 TPARKERSCHOOLBOARD
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2005-03-18 TPARKERSCHOOLBOARD
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GALDONES:And- if that is the case then if the parties decide that they are willing to <br />consolidate that- can they confer with the hearings officer or does it have to be by the direction <br />of the Commissioners? Counsel? <br />TORIGOE:Mr. Chairman, again, the rule says that the Commission may consolidate <br />the hearing or may contemporarily- contemporaneously consider. So- I think there would have <br />to be some action by the Commission to consolidate. <br />GALDONES:Thank you. <br />FUKE:All were saying is that, you know, we dont want to like- an unequivocal <br />commitment to have us consolidate our hearing together with the school, you know, but we <br />would like the option to have it consolidated after we go back to kind of discuss the full <br />ramificationsofit. <br />GALDONES:Mr.Fuke,thatdiscussionandadecisiontoconsolidatewillthatbeatime <br />consuming process that you folks need to go through or is it something that you can do in a <br />relatively short time? Being- what Im looking at is if the parties can agree that it will be <br />consolidated then the Comm- since the Commissioners are here- Commissioners are here then <br />we probably could take action on that if the parties can make a decision readily. <br />FUKE:Could I have like the Corporation Counsel explain then? So then the <br />hearing would be all the same, but the decision would still be separate, is that correct, on separate <br />applications? <br />TORIGOE:Well norm- normally if you consolidate the matter, then there would be 1 <br />decision. It would have to deal with- basically it would- it would discuss and make findings and <br />conclusions regarding the separate applications. But- but normally you consolidate a matter and <br />you would have a single decision come out of it. Yeah so- I dont know if- Mr. Chairman, are <br />you thinking about trying to see if they can spend a few minutes now discussing it and -? <br />FUKE:You know like- again just a follow-up question if I may, Mr. Chairman. <br />You know if my understanding is that you would have like- you know just like this big funnel <br />and that would be like all of your hearing information, gathering etc. and then in the end then <br />you would have like 2 separate spigots, 1 decision and another decision. You know because <br />largely from the Trusts standpoint, you know, obviously you know there are conditions that we <br />can comply with if its approved with conditions, and the Trust would also want to have the, not <br />be responsible, or neither would the school want to be responsible, in having to comply with <br />conditions that are applicable to the Trusts application and vice versa. <br />TORIGOE:I think ultimately that would be the substance of it. That you- you would <br />have a combined fact finding hearing, but at the end the decision would in some way split out the <br />2 separate applications with their own conditions and findings. <br />13 <br /> <br />
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