2004-09-16 TSPECTRASITE - Laserfiche WebLink

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say, you know, put on your witnesses and lets go do it. But, normally, weve been either postponing that for a later time for the hearing or sending it off to a hearings officer. Now, if what happens, returning to this particular application, if what happens is we schedule it for the Commission to hear it and the Intervenor does not show up, then itll be two-sided in the sense that youll have the Applicant and youll have the Department, the same as what happened a few minutes ago. There wont be a report, the Department will have a recommendation and the Commission can just take a vote on it. GALDONES:Commissioner Springer? SPRINGER:In the previous action and this action before us now, even though theyre not present at the meeting or the hearing, do the Intervenors still have the right to appeal by which virtue of having filed for its, that status? YUEN:I believe they do. But they would have a tough time because they wouldhavetoshowthecourtthatwhatthey,thattheypresentedsomeobjectionherethat was not dealt with by the Commission. So if they went to court and they said, Gee, theres going to be toxic fumes coming out of this glass-blowing operation and the Commission didnt look at it, the court is not going to look at their evidence that they have, that they didnt come in here, for example. So I believe they still, once they file for the contested case, they file something in opposition, theyve been granted standing, they can appeal an adverse judgment. But theyre, and theyre not going to get immediately thrown out of court but they will have a really tough time on their appeal. SPRINGER:Thank you. GALDONES:Further questions? Commissioner McCall? MCCALL:Just a further clarification I get, like when Tom Yeh was the hearings officer on the previous application, I mean, he made a point of even though the Intervenors were not there, he made a point of looking at their information, bringing up the questions that they had questioned. I mean, we can, and as Commissioners, we can and should do that as we would with anybody else. Someone coming in to testify, we can bring in their comments and trying, you know, elucidate the responses and stuff, so -. GALDONES:Yes. Hearing no further comments, is the Applicant or the representative present here today? No? Is there anyone from the public, Sharon, signed up to testify on this matter? NOMURA:No one. GALDONES:Did someone want to testify that did not sign up? Hearing none, Commissioners, you have heard the motion that is before us, the request by the Planning Director. Do I -. I will entertain a motion at this time. Commissioner Springer? 3