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So what is required now is the Commission needs to vote on whether to grant or deny the <br />petition for standing for a contested case hearing. <br /> <br />WOODWARD: So if I might paraphrase what youÓre saying, thereÓs clearly, this clearly <br />was not filed in a timely fashion and violates the rules for filing for a contested case. And if we <br />deny that standing then the person will be given the opportunity to testify, but without the special <br />standing of a contested case? <br /> <br />GONZALEZ: That is correct, Mr. Chair. The person will be able to give public <br />testimony and present their concerns regarding the application, but there will not be the formality <br />of a contested case hearing procedure. <br /> <br />WOODWARD: Very good. Anybody have any questions of our counsel? Okay, I guess <br />weÓre ready for a motion with regard to this contested case question. Commissioner Iwashita? <br /> <br />IWASHITA: Mr. Chair, I move that the contested, the petition for standing in a <br />contested case hearing submitted by A. Lono Lyman for Kapoho Land and Development <br />Company which is, appears to have a notarized date of May 28, 2009, which was received by the <br />Department of June 1, 2009 be denied. <br /> <br />WOODWARD: All right, do I have a second? <br /> <br />DOMINGO: Second. <br /> <br />WOODWARD: Okay. Any discussion on this matter? Commissioner Iwashita. <br /> <br />IWASHITA: Is Mr. Lyman, I would ask that he have an opportunity to address this <br />matter. <br /> <br />WOODWARD: Okay, very good. Mr. Lyman, if you can raise your han <br />you swear or affirm to tell the truth today before the Windward Hawaii County Planning <br />Commission? <br /> <br />LYMAN: I do. <br /> <br />WOODWARD: Okay, you can give us your name and address and then begin your, <br />whatever youÓd like to tell us. <br /> <br />LYMAN: Albert Lono Lyman. Hilo address is PO Box 374, Zip Code 96721. Oahu <br />address, PO Box 3896, Zip Code 96812. I didnÓt understand that the contested case filing had to <br />physically be before the Planning Department seven days in advance. It was impossible because <br />I was on Oahu. And the filing was notarized as well as mailed by certified mail within seven <br />days. It needed to be filed with a check which you canÓt fax. So within my understanding of the <br />filing requirements, it was postmarked and notarized on a timely basis. <br /> <br />WOODWARD: Any questions? Okay. <br /> <br /> EXHIBIT B <br />6 <br /> <br />