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that all that they have presented is to the best of their knowledge true and accurate, you know, in <br />a form of oath, then I think that couldnt hurt either. So we can we deal with these things in a <br />fairly informal fashion but try and preserve some of the attention to truthfulness and to the sworn <br />accuracy of the testimony that Commissioner Iwashita has raised. <br />IWASHITA:I have a lawyerly kind of question. <br />GALDONES:Commissioner Iwashita, is it going to take a while? Weve been -. <br />IWASHITA:I hope, I dont think so, €cause I just, theres a dynamic here between the <br />contested case rule and Rule 14. <br />GALDONES:No, I understand that. But the Commissioners have been here sitting here <br />for a while now and Im prepared to call for a short recess, and continue the dialogue thereafter. <br />Thatsthepurposeofmyask-. <br />IWASHITA:Justforoneortwominutes,Mr.Chair?Isthatokay? <br />GALDONES:Ifyoucouldexpediteit. <br />IWASHITA:Yeah,justoneortwominutes. <br />GALDONES: Im sure the Commissioners would appreciate if you could expedite it. <br />IWASHITA:Thank you. So Im not, because Rule 14 doesnt you know, directly <br />reference the Director, Directors role in implementing the rule, can you explain to me -. I <br />understand youre saying, you know, this is a, youre defining it as a contested case type of <br />matter because it is appealable; and I agree with that. But how does that, I dont understand <br />exactly then the role of the Director as a party when Rule 14 doesnt, you know, specify that and <br />the Commission as a body is the one empowered to make the decision. <br />GALDONES:Mr. Torigoe, would you like to research that? <br />TORIGOE:No, let me just really briefly address it. I think as in, basically, the Rule <br />14 sets out what the Commissions duties are and what the standards basically are. And under <br />Rule 4, the contested case rules, you know, the Director can come in as a party and present <br />witnesses and cross-examine and everything, if thats what he wants to do. So I think you can <br />harmonize those two and say the Director comes in, Mr. Olson or the party comes in, and they <br />can place whatever evidence on the record, and then the Commission has to apply Rule 14 to that <br />evidence and make a decision. Thats basically it. <br />GALDONES:Okay. Im going to call for a short recess. <br />RECESSEDThe Chair called for a short recess at 11:10 a.m. <br />RECONVENEDThe meeting reconvened at 11:22 a.m. <br />15 <br /> <br />