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the Commission’s attorney to finalize a set of findings of fact, etc., serve them on the parties, and then we would have a final vote on those at the next opportunity, the next meeting that we have a chance to do that, after giving the applicant a chance to file their exceptions to that. So a denial does take a two-step. We’re not in a position to make the second step today. GRAHAM: Thank you, Mr. Yuen. ALAMEDA: Mr. Chair? GRAHAM: Commissioner Alameda? ALAMEDA: Thank you, Mr. Chair. I have a question then for Mr. Yuen. I cannot recall, in the past, have we denied an application and there were no intervenors and it was against the Department’s liking, but yet -. I don’t remember it coming back like this, that’s why. And I think we have denied in the past, it just hasn’t -. YUEN: I’m searching my memory, but there are a couple of possibilities if it has happened. One is that the applicant didn’t file an appeal; and the second is, I’m not sure, correct me if I’m wrong, Mr. Torigoe, but this two-step does not apply if it all happens at one meeting. TORIGOE: Yeah, that’s correct. YUEN: Okay. So if it all happens at the same meeting, you have one meeting, you hear everything and you take a vote, then that stands as a denial, and it’s not necessary then to bring it back as a, to rule on separate items. So that may explain it. I’m searching my memory and I can’t think of a parallel situation like this. But certainly in this case where it was continued and we don’t have the same people at every meeting, this is what the Court said, is that you have to bring it back for this second vote. And before the second vote somebody, you know, and the only people to do it are, there’s no intervenor to do it so the only people to do it are the Department and your attorney has got to prepare this, and send it out to the applicant, in this case, so that they can respond to it. And then we bring it back for your vote. GRAHAM: Mr. Torigoe -. Thank you for your question, Commissioner Alameda. Mr. Torigoe, do you have any follow-up? TORIGOE: Okay, if I can just really quickly summarize it. Basically we’re on- line at this point to finish the contested case, taking whatever additional evidence is appropriate. If the Commission’s inclination is to approve the application, they can do so today based on the recommendation of the Director. If there’s an inclination to deny then the Commission would have to basically vote to ask the Director, along with myself, to prepare a proposed decision to deny, which would then be served on the parties for their written exceptions and argument at a following hearing, unless they waive that procedure. EXHIBIT B 13