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requirements of the rule. ThatÓs a very different issue. ThereÓs nothing in the rules that <br />says, ÐOh, gee, well, these rules donÓt apply if we can come up with some argument that <br />say nobodyÓs hurt by it.Ñ ThatÓs really not what the rules say. ÒCause if they were, weÓll <br />be sitting here arguing about meeting with every rule based on peopleÓs good faith. And, <br />you know, Mr. TsukazakiÓs made a lot of factual representations to you about who had <br />authority to act, and what he said when he talked to the board; and none of thatÓs in the <br />petition. The only thing thatÓs in the, the reason that the notary is there is so that there <br />can be proof that the person who signed it is authorized to do so; and that proof is <br />lacking. ThatÓs the reason the notary requirement is there. In fact, when they filed, the <br />next one has somebody elseÓs name on it. So what the notarization does is it requires <br />some degree of rigor before you just drop a petition in here and put a matter in a <br />contested case hearing, so that you can start arguing your own personal interest about <br />viewplanes from your apartments and what not. <br />So the only issue here is whether there was compliance with the rule. And if there was <br />not a proper timely petition which met the requirements of the rule, then thereÓs no <br />further argument. Thank you. <br />FUJIKAWA:Commissioners, any question to Mr. Vitousek or Mr. Tsukazaki? <br />Commissioner Graham? <br />GRAHAM:Obviously, you know, the legal issue is very important here. Do <br />st <br />you remember the August 1 meeting when this was first brought up? Mr. Mooers was <br />representing the client at that time and we had a discussion about Petition for Contested <br />Case. And, as I recall, the feeling was that the deficiency wasnÓt such a big problem. <br />st <br />And by chance I happen to have the minutes of the August 1 meeting here with me. <br />And I do notice after we had testimony by Mr. Mooers, I made a comment to Mr. Mooers <br />saying and IÓll quote from the minutes, ÐJust to ask Mr. Mooers to verify that, in fact, this <br />is not, the deficiency in the Petition doesnÓt represent any substantial adversity to you. Is <br />that correct?Ñ And I had a long response by Representative Mooers. It starts out, ÐYeah, <br />I would like to comment.Ñ I must acknowledge that I think Mr. Mooers was very clear to <br />us at the time that he was not an attorney and he was not repres <br />capacity of an attorney. However, the sense at that time was, I didnÓt have a sense that <br />this applicant made any note of any sufficient adversity suffered by him by virtue of the <br />fact that the petition had not been notarized properly at that time. So I do have the <br />minutes here if anybody and the Commission would like to look at it. And IÓd just want <br />to offer those comments as being, reading what transpired at that time. <br />FUJIKAWA:Is there any other question from the Commissioners? <br />KUBOTA:Mr. Chairman? <br />FUJIKAWA:Commissioner Kubota, go ahead. <br />KUBOTA:You know, on this first communication from Ben TsukazakiÓ <br />office, July 25, 2003, the County accepted this filing for stand <br />5 <br /> <br />