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DAVID:You know what my objections are. <br />TORIGOE:Yeah, itÓs just as stated, to the process here. Okay. And the record <br />also reflects that the Applicant has put on record that the Applicant has no objections to <br />the reconfirmation of them as hearings officers. So I think you can take some comfort in <br />that the efforts would not be in vain. Having said what they said, I donÓt think the <br />Applicants would be able to then later on complain that, you know, the hearings officers <br />were not appropriately appointed. <br />So, I think, basically, then, this resolution would be the strongest possible thing you could <br />do to put everybodyÓs fears to rest; and, so, I respectfully recommend that you pass it. <br />FUJIKAWA:Maile David, are you satisfied with the Corp. CounselÓs <br />comments? <br />DAVID:I understand his comments. <br />FUJIKAWA:You understand it. <br />DAVID:Yes, and I still state my objections. <br />FUJIKAWA:Mr. Yuen, you raised your hand. You have -? <br />YUEN:Yes, I donÓt have anything to add to what Mr. Torigoe said and I <br />support him as an advisor to the Planning Commission on this. I did want to say one <br />thing about this question of appointing a hearings officer from a list that was stated by <br />Maile David. She may misunderstand this a little bit. When a hearing officer is hired, <br />then paid, then that hearing officer has to be appointed from a list. This is because of the <br />way the State Procurement Code works for non-bid-type services. And hiring the hearing <br />officer is not the kind of service that you would want to hire on the basis of the lowest <br />bid. So itÓs done on a non-bid basis when we go out and hire someone. In that situation, <br />the State Procurement Code requires us to have a list of qualified people, and we have <br />such a list for hearings officers. Then we have to have a committee thatÓs set up to <br />actually decide on who the hearing officer is. Because of the Procurement Code, in that <br />case, the Planning Department is actually the procuring agency. And we do the selection, <br />although we have typically had a member of the Planning Commission on the committee <br />that selects the hearings officer. So then the department does the hiring of the hearings <br />officer; and thatÓs where this matter of a list comes in. <br />This is a situation where Commissioners, sitting Commissioners, were originally <br />appointed and then have volunteered to stay on and hear the case out without <br />compensation. So the Procurement Code does not come into play. <br />FUJIKAWA:Again, Maile David, you understand the DirectorÓs comments? <br />7 <br /> <br />