|
ALAMEDA:Go ahead, Mr. Hayashi.
<br />HAYASHI:Based on your rules, and that’s Rule 4-7, regarding Contested Case
<br />Hearing, it says, “If the request for intervention is withdrawn in writing before the
<br />commencement of the hearing, the $100 filing fee shall be refunded to the applicant.” So if we
<br />proceed with the hearing, then we would no longer be able to send his $100 filing fee back.
<br />FUKE:So I interpret that hearing to be the Contested Case Hearing, not this
<br />hearing?
<br />ALAMEDA:Mr. Hayashi, the interpretation of the hearing, is it this hearing now or is it
<br />the Contested Case Hearing?
<br />HAYASHI:Well, I’m not the attorney here so you might want to refer that to your
<br />legal counsel.
<br />ALAMEDA:Hold on, let me clarify this -.
<br />TORIGOE:You really want to know that now, huh? It says, well, Section B says,
<br />basically, “Upon receipt of a written request to intervene, the Commission at the first meeting on
<br />the matter shall hold a hearing on the written request.” So -.
<br />ALAMEDA:How would you interpret that?
<br />TORIGOE:Well, it would -. You know, on its face, it seems to say that this is, you’re
<br />holding a hearing on the written request and the $100, the refund section says, “If the request for
<br />intervention is withdrawn in writing before the commencement of the hearing,” it doesn’t say the
<br />Contested Case Hearing, it says “the hearing,” “the filing fee shall be refunded to the applicant.”
<br />So I don’t know, when you look at this kind of in context within this rule, it seems to indicate
<br />that, you know -.
<br />WATANABE:This is the hearing?
<br />TORIGOE:Yeah, that this is the hearing.
<br />ALAMEDA:Mr. Hickman?
<br />R. HICKMAN:Mr. Chair and Mr. Counsel, for the record, I’m willing to stipulate that we
<br />will withdraw, if I can, in fact, get assurances of what they’re going to do onto the record.
<br />ALAMEDA:Okay.
<br />R. HICKMAN:So I don’t know if that, I mean, I’ve got a written withdrawal right here.
<br />So if the hearing today, or the hearing is next week or whenever that is, we can eliminate all that
<br />legal analysis. I’m willing to stipulate on the record that I’m willing to withdraw as long as I can
<br />understand what, that this amendment goes onto the record and then, in addition to the
<br />amendment, and maybe I’m out of process, if I am just let me know, in addition to the
<br />amendment that there be some language that talks, if they can, in fact, provide what the
<br />EXHIBIT A
<br />16
<br />
<br />
|