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2005-04-01 TYAMADA
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2005-04-01 TYAMADA
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TORIGOE:Yeah, the Rule 4 contested case procedures says that any procedure in a <br />contested case may be modified or waived bystipulation of the parties. And I think that would <br />include the requirement that, you know, it be decided on the first meeting. So if there is an <br />agreement that you want to put it off, then thats fine. <br />FUKE:So, yeah, if thats the understanding then, you know, we would have no <br />objection in deferring the issue of the standing to the next meeting. <br />SPRINGER:And the Orchidland Estates? <br />PAWU:We would have no objection to deferring it as long as our rights were <br />preserved at a future time, that we werent waiving our right for standing. <br />SPRINGER:Isthataccurate,Mr.Torigoe? <br />TORIGOE:Yeah,Ithinkthatdbe,thatwouldbethecaseifyouareagreeingthatwe <br />can just put it off. <br />IWASHITA:Madam Chair, can I clarify -? <br />SPRINGER:Commissioner Iwashita. <br />IWASHITA:So its my understanding, Mr. Fuke, that on behalf of the applicant -. <br />Basically, as Mr. Pawu indicated, they dont want to loose any of their rights. So youre <br />agreeing that theres not going to be any objection if you cant work something out and we come <br />back next month then its considered there? Its not going to be objection its too late to <br />determine this issue? <br />FUKE:That is correct, we would not object to that. <br />IWASHITA:Thank you. <br />SPRINGER:Other Commissioners? Commissioner Siracusa. <br />SIRACUSA:Could we determine today just to make sure that those rights are <br />preserved, that Orchidland Community Association would have standing in the event that a <br />contested case hearing is agreed upon at a later meeting? <br />SPRINGER:Mr. Director? <br />YUEN:You could vote to grant standing today and then postpone any action on <br />hiring a hearing officer or otherwise proceeding; and the Department would just put the <br />contested case hearing on hold pending theres further discussions. <br />SPRINGER:Commissioners, weve heard the discussion -. <br />SIRACUSA:In -. <br />5 <br /> <br />
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