2011-04-07 EXHIBITB - Laserfiche WebLink

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KERN: Okay, we will take that under consideration. Having disc Corporation Counsel, I'm not sure if there's a major action that the Commissioner to do that, but we will take that under conside STRAUSS: Thank you. I'd also like to make these photographs a photographs here. May I provide these to Mr. Darrow? KERN: Yes. STRAUSS: Thanks. We filed a written request. It was a couple the need for oral argument. I would assume that was available a that. I do want to state a couple of other additional reasons that have arisen why oral argument is necessary. First, is this on? KERN: Yes. STRAUSS: Okay. First, with respect to the transmission to the presume may become part of the record is identified as No. 07-01 It is an attempt by Hu Honua to insert a traffic plan or traffic study into the record. The hearing was closed February 25, 2011. This is dated March 14, 2011. It member of the public. ItÓs an attempt to introduce evidence into the record by an applicant. And it's improper and it should be stricken. So that's one of the r There is no opportunity to contest that traffic plan because the hearing was already closed. The purpose of the contested hearing is to test evidence, not having been dealt with by the hearings officer and the parties. The second is that this matter should really be stricken from th this - the hearings officer did not complete his job, that's why we need oral argument today. That prevents you from doing your job. Under the rules, your rules, there are findings of fact that are submitted by any party, thos with in the decision. Because this was referred to a hearings o can't do that because you weren't present at the hearing, you di to do that, he didn't do that. If you look at his findings of fact and his conclusions of law, essentially he adopted the background report of the County Planning Department. He did not deal with evidence that was submitted by the applicant, I'm sorr other intervenors over the course of six days of testimony. Bec findings of fact and conclusions of law, it must be incorporated. It must be dealt with in the final decision. And because his recommended decision doesn't do it, i th it back. As of February 25 the hearing was closed. You have 90 days to render a decision. th Your next hearing I understand is May 4. Under the rules the 90 days is, my calculation is th May 27. So you would still be able to send it back to the hearings of do his job correctly so you can do your job correctly; and then th addressed timely at the May 4 hearing. So those are some of the issues in addition to what I presented here that we would address in oral argument. 3 EXHIBIT B