2005-05-20 EXHIBIT C HUGGETT PC - Laserfiche WebLink

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IWASHITA:Right. And the Huggetts are persons and as defined under the rule or are individuals or persons and Id like your interpretation on how. As far as Im concerned those words basically say the Huggetts are required to provide notice of a contested case hearing under Rule 4-6 because 4-6c is the rule that requires notice by an applicant not original applicant, not, you know its not defined it just says applicant right. SCHULTZ:Right. IWASHITA:Can you address how the rules define. You know Im just asking you. SCHULTZ:I guess we interpret it as the applicant at the time that the hearing is, the matter has first begun needs to give the notice. IWASHITA:Can you cite me something in the rule that says that? SCHULTZ:No. IWASHITA:Thank you. SPRINGER:Mr. Torigoe. Would you care to make comment on Commissioner Iwashitasquestion? TORIGOE:Not really because you know these are the kinds of questions that will probably end up being litigated and so if the Commission has questions on interpretations that may be litigated its probably better to do that in Executive Session. SPRINGER:Commissioners given the tone of the discussion and the issues before us I would just instruct all the Commissioners if at anytime you feel the need for an Executive Session to please indicate so and Id be glad to hear you. IWASHITA:I have a procedural concern. SPRINGER:Commissioner Iwashita? IWASHITA:Based on Mr. Kims request regarding the, what he claims a late filing of the memo and how the Commission should proceed on that. SPRINGER:I think that both the comments here today and my recollection of what we heard previously was that the 10 day request was that, it was a request and it was truly for the convenience of the Commission as has been noted in testimony. There was not a formal order made. TORIGOE:It sounds like Commissioner Iwashitas question was basically asking what the procedure would be for dealing with Mr. Kims motion. Is that what youre asking? EXHIBIT C 13