2004-04-23 TNAKAKURA - Laserfiche WebLink

Home

within a reasonable, without taking a huge amount of time. And my suggestion would be to try then, if they can’t work it out, to tell the applicant and the intervenor, the prospective intervenor, to be prepared to, the applicant to present their case and the intervenor to say what they have to present in opposition at the next hearing. In that case we would take up first the petition for intervention. There’s only one person who has filed on time so if the Commission votes to allow the intervention then we, my suggestion would be to try to go directly into the contested case. A contested case hearing simply has to be that the applicant presents what they have to present, the intervenor can question them, they have the right of cross-examination. The intervenor presents what they have, any witnesses, any documentary evidence, the applicant can cross-examine them, the Commission and the Department can ask questions, and then the Commission -. (Lights went out at this time.) GALDONES:The budget cut -. NOMURA:The microphone is still on. DARROW:It’s still on. GALDONES:The mike is still on. YUEN:Oh, there’s still power. Then the Commission take a vote, can take a vote on that. So that would be, and this might not, I don’t think the agenda for the next Kona meeting is that heavy. This might be a good chance for the Commission to see if we can efficiently deal with a contested case as a Commission; and that’s just a suggestion. But that would be my suggestion, if the Commission goes ahead and says let’s continue this for this meeting today and put it back on the agenda next month. My note to the applicant would be that you should be prepared to have at the hearing something more formal that explains the operation. I’m sure that there’s literature about the product that you’re planning to purchase, what the emissions are. You might have, and I would recommend that you bring something from the Department of Health that shows what their rules are, and the EPA what their rules are, that you would have to meet to operate this business and to demonstrate that the other rules guarantee that there aren’t air quality issues or other kinds of problems from the business that you have; and so that would be your part of the case. And then the applicant, I mean, the intervenor, if the intervention is granted, would present their part of the case. GALDONES:Okay, thank you, Mr. Yuen. Commissioner Springer? SPRINGER:Regarding the intervention and the status of the petitioner should their application be granted, is one of the things that they receive when they are accepted the right to appeal a decision if they’re not granted the petitioner status? May they or may they not appeal the decision of this body? 9