2003-07-28 TBLASMAN (5) - Laserfiche WebLink

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examine the Applicant's witnesses or any of our witnesses, they surely can come up to us, as representatives from the public, but they have an input. Is that not what this process is for? And I greatly resist and am saddened at the thought that we are not able to in public process take the time. Now I see that that time that would be taken to read -. In court, you may not read your testimony, correct? You must give it orally. And this is a quasi-court proceedings, am I right? And now I understand why that is important, because everyone who comes can hear it. Even if they don't come. There's a law that protects this, I'm seeing. I'm quite sure about this now. Thank you for hearing me. GIFFIN:You're welcome. Hearings Officers, any questions? Mr. Togashi? Mr. Torigoe. TORIGOE:Yes, Madam Chairman, is there anything particular that you would like for me to address or -? GIFFIN:Yes, I would. In particular, I'd like you to please address Rule 4 and its applicability here in terms of procedures and what we did in following the rule to the letter, I think. TORIGOE:Yes, as has been noted on the record, the Planning Commission Rule 4-8 provides that there can be conferences with the presiding officer before the contested case hearing to arrange for exchange of proposed written testimony. GIFFIN:Could you speak louder? TORIGOE:Sure, I'm sorry. GIFFIN:Thank you. TORIGOE:I'll repeat that. GIFFIN:Thank you. TORIGOE:Rule 4-8 provides that there can be a conference with the presiding officer before a contested case hearing to arrange for exchange of proposed written testimony. Rule 4-1 also provides that any procedure in a contested case may be modified or waived by stipulation of the parties. These rules do not originate out of thin air, they are based on Chapter 91 Hawai`i Revised Statutes, which is the basis for conducting contested case hearings. Under HRS Section 91-9(d), again, it states that any procedure in a contested case may be modified or waived by stipulation of the parties. Also 91-10(1) says that any oral or documentary evidence may be received. So the statute that enables and provides for contested cases allows for documentary evidence as well as oral testimony. 10