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2005-09-30 TPARKERSCH
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2005-09-30 TPARKERSCH
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TORIGOE:I dont think so either. I agree with that as I said beforeI dont think <br />that the time limit has actually started yet but in an abundance of caution if the parties are in <br />agreementthat the 90-day limit will not prevent your taking up this matter at the next Kona <br />meeting with that agreement on the record there should not be a problem. <br />SPRINGER:From the Applicants representative do you agree to these stipulations? <br />GAROVOY:I do agree. If I may add one more thing. <br />SPRINGER:Maam? <br />GAROVOY:You started to open a can of worms with reopening the hearing and I do <br />believe the hearing was formally closed if you turn to page 169 the very first line says, The <br />hearing is closed. And it was specifically intended to address this issue that you know that <br />there be a finding that the hearing was closed and then no more evidence be taken. Thats all. <br />SPRINGER:And you do agree with the stipulation to continue. <br />GAROVOY:And I do agree to the stipulation to continue. <br />SPRINGER:Mr. Wooddell? <br />WOODDELL:Well certainly my understanding was never that the hearing was closed. <br />AsIunderstooditthehearingwasclosedbytheHearingsOfficerbutcertainlydidntprevent <br />additional information or evidence to be introduced as any objections or answers to the <br />exceptions or answer to the exceptions or any other information that the Planning <br />Commission may want to take at another hearing. So other than that, I would just say I would <br />certainly waive any objection to the 90-days. Thank you. <br />SPRINGER:Thank you sir. Commissioner Salavea? <br />SALAVEA:This is for Counsel. Is the-, is any additional information gathered <br />during the waiting period considered to be part of the-? I guess I need clarification on which <br />hearing were talking about the hearing on the Commissions hearing this item or the hearing <br />to gather evidence by the Hearings Officer? <br />TORIGOE:The Hearings Officer is not going to be gathering anymore information <br />at this point. <br />SALAVEA:Okay. <br />TORIGOE:The Hearings Officers job is done. So you have the recommendation <br />before you and hopefully by the next meeting you will have a response from the intervenor <br />and possibly a rebuttal from the applicant and so youll have all that in front of you hopefully. <br />EXHIBIT A <br />7 <br /> <br />
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