2004-10-22 TAINALOA - Laserfiche WebLink

Home

testimony? Is that primarily your objection to Mr. Loves presentationoffurther discussion on this matter? SONG:No, no. First of all, Mr. Love is aHearing Officer, so hes not a party and he cant advocate for any position. He has already submitted his report to you, you can accept or reject the report. Im asking that, the Commission has the authority to reopen the hearing and allow some additional testimony. Im asking that under the circumstances and, again, we dont want to take too much time from the Commission, we would limit that testimony, we have no objection to allowing, you know, to having Mr. Yuen testify as well and Im sure Mr. Yuen wont be lengthy either, to take too much of your time so we can just address these issues. And, frankly, these issues, because Mr. Love raised this new issue on the authority of the Commission and he did not at all address the issue of the consequences of granting the permit in his report, I would submit that additional testimony, a brief additional testimony would assist the Commission in makingitsdecision. GALDONES:Thankyou.Givemeamoment.CommissionerSpringer? SPRINGER:AmIunderstandingcorrectly,then,thatifweweretoproceed from this point, we need to take, act on a motion, or act on the motion for oral arguments made by Ms. Song, and then move also to reopen the hearing to receive additional testimony? TORIGOE:Well, to clarify. I think Ms. Song was just asking to allow further evidentiary matter to be presented, so, yeah, thats one thing you would have a motion on; and another thing would be to have a motion on whether to have oral argument so, both of those matters, yeah. And then go on to whatever decision-making you need to accomplish, and that would include, I think for the record, adopting some form of Findings of Fact, Conclusions of Law and a Decision and, also, rejecting the other presented forms to the extent theyre not consistent with what you adopt. SPRINGER:Do we need to take formal action on the Haring Officers report that has been presented to us, before we go into the rest of the matter? TORIGOE:No, I think that would be part and parcel of your decision-making. GALDONES:Commissioner Graham? GRAHAM:Addressing this to Mr. Torigoe. Im wondering if theres a separation between what we could call legal issues and what we could call substantive issues here. Ms. Song kind of brought up the, what I interpret as a legal issue that appears in the report of the Hearing Officer. So in order for us to properly question the attorneys here or whomever else about that legal issue, I dont presume we need to open the hearing, reopen the Contested Case Hearing for any evidentiary kind of material. Is that correct? 12