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MOOERS:No. <br />GALDONES:Commissioners, any questions of Mr. Mooers? If none, then, as <br />indicated by Norman that there was a Petition for Standing in a Contested Case Hearing <br />and you heard the comments made by Norman which may rule this Petition inappropriate <br />and not for consideration. So weÓd like to have Mr. Torigoe explain to us what is <br />required? <br />TORIGOE:Thank you, Mr. Chairman. I refer to your Rule 4-7, Pre-Hearing <br />Procedure in which it says, among other things, that besides the Planning Director, who is <br />an automatic party, any other person seeking to intervene as a party shall file a written <br />request in a form as provided in Appendix A and accompanied by a <br />later than seven calendar days prior to the CommissionÓs first meeting on the matter. The <br />Appendix A in your Rules has a space for PetitionerÓs signature and, also, for a notary <br />acknowledgment to verify that the person, the identification of the person, and that he <br />executed the Petition for Standing as his free act and deed. So from what staff has said, <br />there may be some question with respect to the timeliness of the signature and the notary <br />acknowledgment as the form seems to require. And, so, that raises some question about <br />whether the Petition for Standing was properly filed. And I think you should hear from <br />the attorneys for the Intervenors, the prospective Intervenors, and then get some reaction <br />from the Applicant and, also, see if the Planning Department has any further advice on <br />the matter. <br />GALDONES:Commissioners, any questions of Mr. Torigoe? If not, the <br />representative of the Intervenors, please step forward. Sir, could you raise your right <br />hand. Do you swear or affirm to tell the truth on this subject matter now before the <br />HawaiÒi County Planning Commission? <br />MOORE:I do. <br />GALDONES:Could you please state your name and your residence address? <br />MOORE:My name is Michael Moore with the law firm of Tsukazaki Yeh & <br />Moore and my residence is in Hilo, HawaiÒi. <br />GALDONES:Mr. Moore, you have heard the discussion that is ongoing in <br />regards to the appropriateness and the timeliness of the Petition. Do you have any <br />comments, sir? <br />MOORE:Yes, Mr. Chair, thank you. Just by an explanation, the reason that <br />we didnÓt get the signature notarized in time when we filed the <br />president of the organization is in Canada; and, in Canada, in order to get a notarization <br />of a signature, you have to go to the local Consulate, the American Consulate, which was, <br />I believe, in the next city where he was located. We do have an original notarized signed <br />Petition which we have, we received by express mail on Monday morning, which we can <br />file with the Planning Department at that time. I have discussed this matter with <br />3 <br />EXHIBIT A <br /> <br />