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2006-05-26 TSunstone
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2006-05-26 TSunstone
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WATANABE: Okay. Thank you. <br />ALAMEDA:Any other questions? Jeff, my understanding is once theres a Contested <br />Case request, then that, basically, kind of like a, anybody has a right to, well, you have to be able <br />to be within 500 feet. Or is that, who has the right to contest? <br />DARROW:If I can refer that to our Corporation Counsel. <br />ALAMEDA:Just for the publics . <br />TORIGOE:Thank you, Mr. Chairman. Your Rule 4-7 talks about Contested Case <br />procedures. People who want to have a formal Contested Case have to apply no later than seven <br />calendar days prior to the first meeting on matter upon receipt of a written request to intervene. <br />The Commission, at the first meeting on the matter, shall hold a hearing on the written request. <br />Ifthemovantcandemonstratethathisorherinterestisclearlydistinguishablefromthatofthe <br />general public, or if its a government agency whose jurisdiction includes the land involved, or if <br />the Petitioner has some property interest in the land or lawfully resides on the land, or No. 4 that <br />the proposed action, they can show that the proposed action will cause them actual or threatening <br />injury in fact, or No. 5 if there are persons who are descendants of Native Hawaiians who <br />inhabited the Hawaiian islands prior to 1778, who practiced some kind of customarily and <br />traditionally exercised rights on the land, then people with those kinds of special interests can be <br />admitted as parties to the Contested Case. And the Commission shall grant or deny such written <br />request prior to any further action on the matter. And, of course, if you grant standing to any of <br />these parties who requested a Contested Case, then the Commission will then decide also <br />whether to hear the Contested Case itself or whether to refer the Contested Case Hearing to a <br />hearings officer, who will then hold the Contested Case Hearing and present a report and a <br />Proposed Findings of Fact, Conclusions or Decision to the Commission. <br />ALAMEDA:And so, Jeff, all these four parties that were granted or petitioning for <br />standing, they all meet the qualifications that Mr. Torigoe just shared? <br />DARROW:Theyve all received the letter from the Applicant so that would let us <br />know that they are within the 300 feet. <br />ALAMEDA:Okay. <br />DARROW:I want to make one correction. Apparently, the Director is looking at me <br />kind of funny so this reference to a temporary access was not from Alii Drive; and I apologize <br />for that. That was a temporary access that was to be granted from Kuakini. So, if you could <br />disregard that. That was not referencing this access off Alii Drive. <br />ALAMEDA:Okay. <br />DARROW:Thank you. <br />ALAMEDA:Any questions for staff? So, Mr. Torigoe, do we decide on whether or not <br />to grant standing before we allow the Applicants to come up, or could you review the <br />procedures? <br />4EXHIBIT E <br /> <br />
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