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DLNR; Mary Anne came out; she then inspected the whole deal, which – I don’t know – some of <br />you remember we went through. But there was no sneaky business here. In fact I was <br />complemented for having done what I did do, which was immediately the first thing I did was to <br />make sure that the County was aware that graves did exist. <br />GRAHAM: All right. Thank you, Mr. Ibbetson. <br />IBBETSON: Okay. That’s all I wanted to say. Thank you. <br />GRAHAM: Fine. Mr. Matsukawa, would you and Mr. Kaiawe have any <br />comments to the Commission? I think what feels like it’s right to me at this time and needs to be <br />addressed is how do we proceed procedurally at this point. So if you can just start with your <br />name and address, and go ahead. <br />MATSUKAWA: Thank you. My name is Michael Matsukawa. My address is <br />75-5751 Kuakini Highway, Room 201, Kailua-Kona. I’m Mr. Kaiawe’s attorney, who is also <br />present to my left. Mr. Krueger accurately described the mediation process that’s ongoing. I’d <br />just like to clarify that in that separate civil case, one of the questions raised is whether in fact the <br />Hawaii Conference had the authority to change the landscape, so to speak, of the parcel. Judge <br />Strance noted that the 2003 deed by the Conference had the effect of changing the character of <br />the land from a cemetery to an ordinary agricultural parcel with graves on it. And one of the <br />issues raised in the separate civil action is did the Conference and its deed have that authority to <br />so change the character. <br />As far as how we move forward, I think the statute governing administrative practice leaves the <br />case now where those persons who were not present during the hearing, if they are familiar with <br />the record, can take action as the Commission may feel, but provides for proposed Findings first, <br />with the parties having the right to file Exceptions. That process can be waived. Under these <br />circumstances, Mr. Kaiawe would not want to waive that process. If you do move forward, we’d <br />prefer to follow Section 91-11. And I think the same procedure -. <br />SIRACUSA: Excuse me. Could you hold the mike closer to your mouth? I’m <br />having trouble hearing you. <br />MATSUKAWA: Oh, okay. To follow the process outlined in Section 91-11, I think <br />there is a similar rule in the Planning Commission’s Rule 4. So that would be our take on it. <br />Thank you. <br />GRAHAM: Okay. Let me -. Thank you. Let me put in a little bit of my <br />understanding now from what I’ve heard, for the Commissioners’ benefit and for you to correct <br />me if it’s not quite accurate. As the Commissioners will know from the record, we did not have <br />a hearings officer when we had this contested case hearing. So we did not have the hearings <br />officer provide us with the Findings of Fact and all like that for us to act upon. But as <br />Mr. Matsukawa mentioned, you know, he does have rights, and both parties have rights, under <br />the Hawaii Administrative Procedure’s Act to essentially see what is proposed in a written form, <br />I believe or -. And then they can file Exceptions to that, and we make our final decision <br />thereafter. I don’t think we are in a position ourselves here today to discuss this matter, and <br />come up with some proposed Findings that we then pass onto you folks. Mr. Torigoe suggested <br />EXHIBIT A <br />7 <br /> <br />