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2008-04-18 TKOHALA LLC
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2008-04-18 TKOHALA LLC
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TORIGOE: Well, Mr. Chair, basically it says that the applicant – or in this case the <br />Director – may, within 10 calendar days after receipt of notice of the denial – that is, you know, <br />considered as denied denial – then within 10 calendar days of that he can request reconsideration <br />of that decision. Upon such request, the Department shall place the application on the agenda for <br />its reconsideration at the next meeting. And then if you fail to render a decision by a majority <br />vote at the next meeting, then it’s considered as denied. <br />WATANABE: Yeah, but then you have a double negative. <br />TORIGOE: Well, that’s -. <br />WATANABE: We’ll be voting for revocation, which is a negative, and then you get, you <br />know – I may be jumping ahead, you may be able to get the votes – but if we are unable to <br />achieve the votes, then we have a double negative. Then what does that mean? We are back to <br />where we are. <br />TORIGOE: Yeah, well, it puts you back in the status quo, basically. <br />WATANABE: So because -, okay, now, because Mr. Lim has not agreed to this, then so I <br />guess formally you should within 10 calendar days make the request, and then we can agendize <br />your revocation for the upcoming West Hawaii Commission meeting. Is that correct? <br />YUEN: Yes. Actually, the 10 days would refer to the formal notice from the <br />Department to the Director of the -. <br />WATANABE: Yeah, okay -. <br />YUEN: Actually, there is a letter that the Commission signs that states what the <br />action is, and then from that point the Director would have 10 days to request their <br />reconsideration, and then at the next meeting following that the request would be agendized. I <br />believe the time frame is such that that would be the next – the agenda has gone out, I believe, <br />th <br />for the May 8 meeting, and the 10 days, of course, if we are being very technical about this, the <br />10 days have not started to run yet – but they would be then agendized for the June, I mean, May <br />nd <br />– what is the – May 22 meeting, yes. <br />WATANABE: Okay. Mr. Iwashita, you had some comments? <br />IWASHITA: I’m trying to understand. So we are finished with the 90 days? Is that <br />basically where we are? And we have no decision; so it’s basically a negative decision? Is that <br />where we are? <br />WATANABE: No, I don’t believe so; we only had the first vote on this. They agreed to <br />extend. So actually, what we are saying is we get to vote on this one more time at the June (sic) <br />West Hawaii meeting and that is only in regard to Agenda Item No. 3, the Director initiated <br />revocation. The applicant has already conceded that they forfeit their opportunity to ask for <br />another vote on Agenda Items 1 and 2. So 1 continues to the Council and No. 2 is dead. <br />EXHIBIT A <br />29 <br /> <br />
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