Laserfiche WebLink
LYMAN: And just with respect to my basis for standing, Kapoho Land and <br />Development owns an adjacent parcel, TMK: 1-4-3:2; and there are concerns with respect to <br />what is presented in the application. The concerns include the non-inclusion of -. <br /> <br />WOODWARD: Let me interrupt you because we need to decide on the question of your <br />status. If youÓre granted standing youÓll be able to give us your testimony; and if youÓre denied <br />standing youÓll be able to give testimony in any case. Okay? So what we need to decide now is <br />the contested case status. <br /> <br />GONZALEZ: If I may, Mr. Chair -. <br /> <br />LEITHEAD: Members of the Commission and Brandon, IÓd like to ask you to take a <br />look at Rule 4-4(b) and see whether it has any application to the request for contested case. <br />Thank you. <br /> <br />GONZALEZ: Thank you. I was going to address that matter. I do not view method of <br />service in this case applicable. The Rule 4-7 is explicit that any person seeking to intervene as a <br />party shall file. The word ÐfileÑ means file, which implies received by the Department with the <br />required filing payment. ItÓs different from the word Ðsubmitted.Ñ ItÓs different from the word <br />Ðmailed.Ñ ItÓs different from the word Ðserved.Ñ It specifical <br />thatÓs the distinction there. <br /> <br />And then to address Commissioner IwashitaÓs mention of the notary and also the petitionerÓs <br />mention of notary, all the notary is doing is saying that Mr. Lyman appeared and executed the <br />document. It does not say that the notary is accepting filing of the document. <br /> <br />IWASHITA: Mr. Chair? <br /> <br />WOODWARD: Yes. <br /> <br />IWASHITA: Just a follow-up? <br /> <br />WOODWARD: Yes, sir. Commissioner Iwashita. <br /> <br />IWASHITA: IÓd like to address Mr. Lyman with a couple of questions. <br /> <br />WOODWARD: Okay. <br /> <br />IWASHITA: Mr. Lyman, in our record this notice of special permit application hearing <br />which spells out the seven-day requirement, have you received this notice? <br /> <br />LYMAN: I did the day before I mailed in the petition. <br /> <br />th <br />IWASHITA: So on the 27 of May, is that what youÓre saying? <br />LYMAN: I have to refresh my memory as to what the notary date is, but it was the <br />day before the notary date. <br /> <br /> EXHIBIT B <br />7 <br /> <br />