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2008-08-22 TECOMMERCE
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2008-08-22 TECOMMERCE
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have the right to take a further appeal based on the record to Circuit Court and possibly all the <br />way up to the Hawaii Supreme Court. So if you, you know, maintain your petition, if you get <br />standing as a party in a contested case, those are the rights that you will have. If you withdraw <br />your petition for intervention, then basically you’ll be giving up your right to have the full <br />hearing and to take appeals up through the court system. But again, you know, if you are really <br />concerned, then you really ought to be talking to your own legal counsel to find out whether you <br />should maintain this petition or give it up at this point. <br />FERNANDEZ: Right. I mean, again, I’ve thought through this, and mainly what I want is <br />I just want to have my position known to the Planning Commissioners, right? That’s my No. 1 <br />goal in this application. And if I’m allowed to do that, then I’m fine with giving up my rights to <br />a contested case hearing. <br />WATANABE: Okay, then, Mr. Fernandez, let me make sure I got this clear. You are not <br />so much wanting to be an intervenor; you just simply want to provide testimony and you would <br />be satisfied with that irrespective of what results may come out of the decision made here. <br />FERNANDEZ: That’s correct. <br />WATANABE: So I think it’s appropriate – could I ask you, then, to withdraw? Uh, Mr. <br />Iwashita? <br />IWASHITA: No, that’s fine -. <br />WATANABE: You have something -? <br />IWASHITA: You can continue. <br />WATANABE: Okay. Could I then ask you to formally withdraw for the record your – <br />what you call – request for standing? <br />FERNANDEZ: I will withdraw my rights for a contested case hearing and standing, if I’m <br />allowed to present my case fully at this meeting. <br />WATANABE: Okay, okay, now -. <br />IWASHITA: Mr. Chair. <br />WATANABE: Yes, Mr. Iwashita. <br />IWASHITA: May I address the applicant (sic)? Mr. Fernandez, I just want to clarify, <br />your concern is you want to be able to present, like we have written testimony you’ve presented, <br />you want to make sure that’s part of the record? <br />FERNANDEZ: Correct. <br />EXHIBIT B <br />7 <br /> <br />
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