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back on your agenda. The result being at this point that application, Agenda Item No. 2, is <br />considered denied at this point in time, which basically makes it a final and appealable decision <br />with respect to the request for an extension of time. <br />WOODWARD: Thank you. <br />WATANABE: Okay. So we are all clear on this, then? Ms. Siracusa. <br />SIRACUSA: Yes. I would like to know if or when the Director’s initiated hearing on <br />the revocation of the SMA Permit comes back to us -. <br />WATANABE: The rule requires that it come back at the next Planning Commission <br />meeting -. <br />SIRACUSA: Right, right, I understand that. What I would like to -. <br />nd <br />WATANABE: Which would be the May 22 -. <br />SIRACUSA: I understand that. What I’m asking is if we could have someone, an expert <br />witness, come to talk to us and explain about the relation between development and ciguatera, if <br />any, as an expert witness, because that relates to SMA. <br />WOODWARD: Mr. Chairman. <br />WATANABE: Yes, Mr. Woodward. <br />WOODWARD: I would think that would require reopening the hearing, which we are <br />really kind of low to do right now. And I think Mr. Lim is right in wanting to have this settled <br />because it seems like this body is not going to be able to act one way or the other, to be quite <br />honest with you. And he wants to take it to court, which is his prerogative. So I would -, you <br />know, we can do anything we want, but I don’t think it’s going to change where we are, to be <br />quite honest. <br />WATANABE: Ms. Siracusa. <br />SIRACUSA: I’m willing to go with whatever the rest of the Commission wants. I <br />understand that we, you know, closed the hearing on it. I just thought that possibly, if it’s going <br />to come back again, that some of the Commissioners might want to have more information on <br />that topic. <br />WATANABE: Okay. And along those lines I might want to remind you what <br />Mr. Torigoe pointed out that especially in cases of contested case hearings you should rely on the <br />evidence that is presented at that specific contested case hearing, not necessarily taking this Book <br />of Knowledge and saying, okay, I’m going to apply it to another hearing where it was not offered <br />as evidence. So I don’t know how germane having that discussion would be for this particular <br />item. Mr. Iwashita. <br />EXHIBIT A <br />31 <br /> <br />