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MOOERS:Yes, when Mr. Huggett approached me I called Mr. Hayashi and asked <br />him if substituting the owner if that required a new application and he advised me that it did not <br />provided the same application was used, the same project was to be built. So I made that request <br />of the Planning Director, excuse me of the Planning Department and Mr. Hayashi informed me <br />that a new application would not be required. So I passed that along to Mr. Huggett. <br />IWASHITA:When did that conversation take place? <br />MOOERS:That conversation took place when Mr. Huggett was in his due diligence <br />back in the Fall of €04 sometime. <br />HUGGETT:That would be around May, we closed in July so, couple of months before <br />we closed. <br />MOOERS:Butwhenheaskedme,yeah,I€vesubstitutedapplicantsonother <br />occasions but I specifically asked in this case because Mr. Huggett was making that <br />representation that he wanted to know if he could be substituted as the applicant and so I made <br />that request to the Planning Department. <br />IWASHITA:Mr. Mooer did you base any of that based on Rule 4-6c, 4-2-2 and 7? <br />MOOERS:No I did not I based it off my conversation. <br />IWASHITA:So, you didn€t do any due diligence in reviewing the rules before you gave <br />your opinion. <br />MOOERS:Well, I read the rules but my experience is not to interpret the rules but <br />rather to ask the people who review the rules and have to make decisions based on that as to how <br />they interpret the rules. Because ultimately it doesn€t matter what my representation is, if the <br />Planning Director or the Planning Department says I have to file a new application, I€m going to <br />file a new application. So, I do not review the rules and say that€s my professional opinion, I€m <br />not an attorney. My question was asking the Department, how are you interpreting the rules, will <br />you require my client to file a new application? They said no they would not. <br />IWASHITA:You understand that this Commission has the final authority on that point? <br />MOOERS:I absolutely do. I rely on the Department for advice. <br />SPRINGER:Thank you Commissioner Iwashita. <br />IWASHITA:Follow up. Did you inform Mr. Huggett that the Commission has the final <br />authority on interpreting the rules? <br />MOOERS:I just informed Mr. Huggett what the Planning Director, excuse me, the <br />Planning Department had told me. I did not interpret the rules for him. I was not responsible for <br />EXHIBIT C <br />18 <br /> <br />