2003-05-27 TBLASMAN (3) - Laserfiche WebLink

Home

TORIGOE:Okay. So, then weÓll take a little time right now to talk about procedure. I just wonder if anybody, if you had a chance to think about some of the things that I proposed yesterday, and see if anybody has any comments or suggestions? VITOUSEK:Yeah. GIFFIN:Randy? VITOUSEK:My concern is, I, you know, itÓs not a matter of difficulty in preparing proposed findings and conclusions. I should just disclose that thatÓs the first thing I do when I start preparing for a case, because I need to know where IÓm going. And so itÓs really not a problem for us to prepare proposed findings and conclusions, because like I say, weÓve already done that. But I understand that thereÓs a difference between my ability to do this, and the intervenorÓs ability to do this when theyÓre not presented. And I am really reluctant to have the parties prepare proposed findings and conclusions that they submit to the Commission before the evidence is complete. You know, I have a problem with that. I think that forces parties to take positions in terms of findings and conclusions before the eviden to see that. What I would prefer to see is that we, that we, I mean thatÓs just the problem that have. And so I know the County has previously taken a position that theyÓd like to wait until the evidence is complete before the Planning Director makes his findings and recommendations. And thatÓs a procedure that I think should be followed. And so if, you know, weÓre asking all the parties to submit proposed findings and conclusions, that thatÓs asking the County to, they take a position before the evidence is complete, and thatÓs not something I think is appropriate. So, I donÓt know how else to address that. GIFFIN:Mikahala? M. ROY:I thoroughly agree, and thank Mr. Vitousek for being compassionate to our situation. We are not, we need to, we are learning the process as we go and trying to subscribe to it. GIFFIN:Maile? DAVID:Thank you, Mr. Vitousek. That was one of my questions bec essence, if we were to do, if I was to do my proposed findings, my witnesses have not even been put on the stand. So I, that was a question in my mind. ItÓs a good thought, but Î VITOUSEK:I, you know, just to follow up, I really donÓt mind providing the parties with our draft findings of facts and conclusions of law before the next hearing. I donÓt mind doing that because then thatÓll give everybody something to work from if that will speed up the process. In other words, IÓm not trying to, I really donÓt want to delay the process. But I also want, I also would prefer to see a situation where we discuss and object to proposed findings once the evidence is complete, rather than before. GIFFIN:Mr. Torigoe? 13