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that time then it€s an automatic denial. But aren€t there ways around that and could you <br />clarify that for us? Because I think that would help us to decide whether you know we <br />absolutely need to hear it today or not. <br />SPRINGER:Thank you Commissioner Watanabe. Mr. Torigoe? <br />TORIGOE:At this point, the rule 4-24 is a more general rule that is outside of the <br />part 2 of the contested case procedure which talks about what you do when you have <br />recommendations of the Hearings Officer. It seems to me that if you€re going to, basically <br />that the hearings not really entirely completed at this point because allyou have is a <br />recommendation from the Hearings Officer and you still have the option of reopening the <br />hearing and taking inmore evidence if you want to do that. So, at this point I would have to <br />say that I don€t think you€re bound to have to make a decision. <br />WATANABE:Sothe90-dayruleisnotapplicable? <br />TORIGOE:YeahatthispointyouknowifIhavetomakearecommendationatthis <br />point I€d say that you could still have time to go and take the exceptions to the Hearings <br />Officer€s report and reopen the hearing if you feel that€s necessary as well. <br />WATANABE:Thank you. <br />SPRINGER:Mr. Torigoe may I just clear then, be clear then has the hearing been <br />closed? <br />TORIGOE:The Hearings Officer has held some evidentiary hearings but I don€t <br />think that the entire hearing on the application is closed because you still have to act on the <br />Hearings Officer€s recommendation. <br />SPRINGER:And that€s the hearing that is referred to in 4-24? The Planning <br />Commission Hearing? <br />TORIGOE:Yeah I have a hard time at this point. I haven€t parsed this you know to <br />the letter at this point but I just have a hard time saying that you are bound to act without had <br />an opportunity yourselves to really take a good look at the Hearings Officer€s report and <br />responses. And to see if you need to take further evidence yourself. <br />SPRINGER:Thank you. Commissioner Salavea? <br />TORIGOE:Let me just say another thing you could do is to say that you feel like at <br />this point you want to reopen the hearing. I mean if you really want to you know start playing <br />games with the rules you could say that we feel that we haven€t had a chance to look at all of <br />the comments of the Hearings Officer as well as any responses and you feel like you need to <br />reopen the hearing at this point to make sure that that€s done. You know you could do that. <br />EXHIBIT A <br />5 <br /> <br />