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GALDONES:It has been moved by Commissioner Iwashita and seconded by <br />Commissioner Springer that we defer to the recommendation of the claims adjuster. <br />IWASHITA:Mr. Chair, as the maker of the motion, can I ask for the opportunity to <br />present the first discussion? <br />GALDONES:Yes, you may. <br />IWASHITA:Thank you. Thank you, Mr. Chair. The reason I made the motion, fellow <br />Commissioners, is that the way this matter has come before this body, to me, emphasizes the <br />reliance of Rule 14 upon the claims adjusters hiring, the claims adjusters work and <br />investigation, and the claims adjusters preparation of the report and recommendation. And <br />theres a lot that the claims adjuster did obviously thats not even in the paper record that weve <br />had. I know its in the complete file or in a more complete file with the Department. But <br />becauseofthebackandforthonhowtheruleistobeappliedandallofthat,Ibelievethat <br />because Rule 14 in total gives deference to the claims adjuster, and the claims adjusters work <br />and the claims adjusters recommendation, that given all of the circumstances and what weve <br />heard thus far in this proceeding that deference to the claims adjuster is the best way to proceed, <br />and dare I say the fairest way to proceed. <br />GALDONES:Commissioner Springer. <br />SPRINGER:Im just wondering if there are any other, if there have been any other <br />cases of this sort that have been considered and decided upon. <br />GALDONES:Norman, would you know? <br />HAYASHI:Examples in terms of -? <br />SPRINGER:Just this process that were going through where a consultant firm is <br />retained and then a report presented to the Planning Commission, and the decision rendered from <br />that. <br />HAYASHI:Normally, we, well, this would be the only occasion where we would hire <br />a consultant or hearings officer. So I guess I can say this would be the first time. <br />SPRINGER:Well, as Commissioner Iwashita has articulated, I feel most comfortable <br />relying upon the expertise of the Wood & Tait consultant firm which was hired by the County <br />for the purpose of providing a report to the Planning Commission on this matter. <br />GALDONES:Further discussion? <br />ALAMEDA:I -. <br />GALDONES:Commissioner Alameda. <br />19 <br /> <br />