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2007-05-24 TIBBETSON_2_
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2007-05-24 TIBBETSON_2_
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GRAHAM: Okay. And Mr. Krueger, were you saying that there is like a <br />formal closing of -, given what we’re intending to do, is there some formal closing that the Chair <br />should make here today? <br />KRUEGER: Well, I believe the Commission closed the public hearing the last <br />time before the matter was decided upon, and I -, as long as the public hearing is not re-opened, I <br />don’t think there is any need to close it. But if there is a re-opening of it, you need to close that <br />before the Commission considers the final Findings of Fact and Conclusions of Law. <br />GRAHAM: Okay. Just for the record, also let me just ask if there is anyone <br />here in the audience that intended to speak on this matter today, since it is on our agenda. Could <br />you raise your hand or let me know? Okay. So, Commissioners, I think we have an agreement <br />on how we are going to proceed, which is that we are not going to take any action today, but we <br />are going to have formal Findings made by both of the parties; and they will send them both to <br />the Planning Department and to the other party, and then they will have a chance to make <br />Exceptions to the Findings of the other party; and all that material will come back to us, and we <br />will have a meeting where we will use that as our source material for making our decision. And <br />my presumption, if that’s okay with the Commissioners at that time, is at that time we will allow <br />the parties to speak to what’s on the record and answer any questions from the Commissioners. <br />Do any of the Commissioners have comments on that process or anything? Okay. Mr. Torigoe? <br />TORIGOE: Thank you, Mr. Chairman. Just for reference, as Mr. Matsukawa <br />said, substance of HRS Section 91-11 is contained in your Rule 4-23. So if you want to look at <br />that, that will give you an idea what’s going to happen. And that Rule does also say that the <br />parties are to be allowed to file Exceptions and present argument to the Commission. <br />SIRACUSA: Excuse me. Could you repeat that reference again? <br />TORIGOE: Yes. Four-23 of your Rules. <br />GRAHAM: Mr. Krueger? <br />KRUEGER: Mr. Chairman, and perhaps either the Chair or Mr. Torigoe <br />intended to do this, but can we establish a time for the submission of the Findings to the <br />opposing party, and then a time for submitting our Exceptions to the Planning Commission and <br />the other parties, and then -, so we have some indication of when that’s necessary? <br />GRAHAM: Yes, that was my intention. And I think what we want to do is <br />kind of have a time schedule that’s okay with the both of you. So do you have a suggestion you <br />can put forth, Mr. Krueger, and then we can see if that’s acceptable to Mr. Matsukawa? <br />KRUEGER: Mr. Chair, I would really like to do it in a manner that would allow <br />us to address this matter at the next Commission hearing, if at all possible. I think we can both <br />reasonably prepare the necessary Findings in adequate time to get to the next Commission <br />meeting on this matter, if we work backwards from the -. I don’t know what the date is, but <br />whatever the date is, we can work backwards from that date and establish a time frame for doing <br />that. <br />EXHIBIT A <br />9 <br /> <br />
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