2004-10-22 TAINALOA - Laserfiche WebLink

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GALDONES:Mr. Torigoe? TORIGOE:Yes. Id like to just suggest that, see if we can have the parties come to an agreement on a procedure to follow today. Basically, as I said, one of the things that you have to do as a Commission is determine whether to allow oral argument. If you allow oral argument then you have to say, okay, were going to have oral argument. If you want to have questions of the parties, and maybe we should say well have oral argument, then well have a time of questioning of the parties by the Commission. And then well have to have a period for any public testimony as well, and then you go into decision-making. I wanted to ask the parties if they had any suggestions or if that sounded like an acceptable procedure for today. SONG:Mr.Chairman,SandraSongrepresentingtheApplicant.Iwould, we submitted a request for argument. I also would like the opportunity to havealimited time to submit some evidentiary matters, a short statement by Mr. Fuke. Mr. Fuke has some testimony, and Phil Brazier from the community association. Also, I have a letter that Id like to submit to the Commission. And the only, I would not normally ask for this, but its because, its basically because of the Hearing Officers report thats submitted, and there are two significant issues. One is that the Hearing Officers report did not address what the consequences would be if the Commission adopts the report. But, most importantly, for the Commission, for the sake of this application and all other applications, this Hearing Officer is suggesting that this Commission does not have the authority to amend conditions in permits. And if the Commission adopts the Hearing Officers recommendations, essentially this Commission will be limited to amend any conditions in any other permits. And that is an issue that was not raised by any of the parties to the proceedings, it was an issue that was raised by the Hearing Officer alone. And that issue is a serious issue that needs to be addressed today. And I think if we have argument and if Mr. Fuke and Mr. Brazier can submit some limited testimony, I think that will assist the Commission in this matter. TORIGOE:Okay, Mr. Chairman, I guess that adds one more issue that needs to be dealt with, that is whether youre going to accept further testimony and evidentiary matter today; and that is within your discretion to do so as a Commission. Looks like Ms. Leithead-Todd would like to comment on that? LEITHEAD-TODD:I was going to say if Ainaloa is going to submit additional testimony, then we would also like to have the opportunity to have the Planning Director submit or testify additionally, particularly if theres any need for rebuttal testimony. GALDONES:Now the Chair is confused, but let me see if I can sort through this. Ms. Song, your initial objection is for the Hearing Officer to have the ability to further discuss this matter. So am I understanding you that as far as the parties and also the departments representative, you want the ability to continue to provide further 11