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Case Hearing is conducted because somebody has to make decisions aswego along. <br />And I have a very unclear picture of how that€s done. I mean, if it€s just asking people at <br />the Puako Store, then, you know, that€s makes it very difficult to conduct a Contested <br />Case. If there€s a Board of Directors and if they have some structure and there€s a board <br />or some incorporated association that has a way of making decision, then I€d like to have <br />that disclosed to the Applicant and to the Commission so that we can know what that <br />means going forward. <br />I€d also be interested in knowing whether the Board voted in support of filing, if the <br />Board did vote in support of this, in other words, whether this is an authorized act and, if <br />so, whether it was unanimous. Because he has been representing that everybody is in <br />favor of this. And, so, I€d be interested in knowing if whether everyone on the Board <br />voted in favor of intervening. So that€s our position. <br />FUJIKAWA:Anyquestions,Commissioners,withMr.Vitousek?Ifnot, <br />Mr. Matsukawa -. <br />O€TOOLE:Hannah raised her hand. <br />FUJIKAWA:Oh, Hannah, you did? <br />SPRINGER:Not of Mr. Vitousek, but I€m wondering about a response to the <br />questions that he has raised of the community association. May we direct the <br />representative to respond? <br />O€TOOLE:No, I want Mr. Matsukawa to respond. <br />MATSUKAWA:The Puako Asociation has a structure and it has a Board of <br />Directors; and the Board, to my knowledge, based on a communication that I had <br />received, voted unanimously to file the petition. <br />FUJIKAWA:Any questions? Springer? <br />SPRINGER:Thank you. <br />FUJIKAWA:Mr. Matsukawa, you€re concerned about the late filing? <br />MATSUKAWA:Okay. I think Corp. Counsel accurately summarized what the law <br />is. I think since we are dealing with a situation that€s somewhat ambiguous as to when <br />the mail went out to him, if it did, and when it came here, and the timing of its receipt <br />from Dr. Addario€s residence in the mainland to here, I think the benefit of the doubt <br />should be given in his favor, that if the rules do allow for the next Monday as being the <br />th <br />official date of action that you should defer to that 14beingatimelydate. <br />FUJIKAWA:Okay,Randy. <br />11 <br /> <br />