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then people didnÓt have notice and it would cause a whole bunch of problems. But as far <br />as the notary goes, well it, this notary, all it says is that that person is that person. It <br />doesnÓt say anything beyond that. I think there are some notaries that might say, you <br />know, he has the authority to sign on behalf of the corporation or hereÓs the corporate <br />seal or something. But this appears to be just a straight identity of that person; and I <br />donÓt know that thereÓs any reason to doubt it. So I think youÓd want to look at people <br />who filed it who probably clearly have standing and whether in the view of the purpose <br />of having these administrative hearings, whether you want to stick to some technical <br />defect like this. <br />KUBOTA:Thank you. <br />FUJIKAWA:Any other questions, Commissioners? Commissioenr Smith? <br />SMITH:Yeah, it seems like, you know, Corp. Counsel we have two <br />opposing views before you. If we had the scale of justice over there, which side would <br />you be leaning? <br />OÓTOOLE:Well, I, you know, I guess IÓm supposed to advise you on <br />but I have not found any case where it said, you know, if a notary isnÓt there, thatÓs the <br />end of it. And if I were balancing it, personally, like I say, I think, they, obviously, have <br />standing, they filed on time. And, you know, what is the point of the notary anyway? <br />SMITH:You didnÓt answer my question. I guess, thatÓs all right. <br />OÓTOOLE:I thought I did. <br />MOOERS:Mr. Chairman, can I make a comment? <br />FUJIKAWA:Go ahead -. Let me swear you in first. Do you swear to tell the <br />truth to the HawaiÒi Planning Commission? <br />MOOERS:I do. <br />FUJIKAWA:State your name and address. <br />MOOERS:Greg Mooers, Box 1101, Kamuela. I just want to clarify s <br />the comments that Commissioner Graham made about my representations at that hearing. <br />I think I was very clear on a couple of points. One is that I was not an attorney. Two, we <br />were not discussing the issue of standing. In fact, in the spirit of trying to reach an <br />agreement in the last two hearings, we specifically avoided that issue. I was quite aware <br />at the time that they filed the petition that it was defective. My point, and I think I made <br />it at that time, is that I would like to see at the point that we discussed standing, I ask that <br />they show minutes of the meeting in which they were authorized to take the position to <br />request a contested case. So I think I was trying to break that issue at that time. So that <br />should be in the minutes as well. I was very concerned about that but I did not want to <br />7 <br /> <br />