2004-10-22 TAINALOA - Laserfiche WebLink

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TORIGOE:Thats, well, it depends on what, you know, the basisof the legal issue, too, because its very difficult to separate what you might term a legal issue from the factual basis for that issue. And I wouldnt, not knowing what your legal issue is and what its relation is to what Ms. Song wants to present, I think its very difficult to say that because you have legal issue that doesnt require further evidence, you know, that that necessarily should cut off presentation of evidence that the parties feel is relevant at this point. GRAHAM:I wasnt speaking of any legal issue I had. I was speaking of the issue that Ms. Song brought up with regard to the Hearing Officer. And I was wondering if that is, you know, part of our decision of whether to reopen the hearing or not, or whether we could deal with that issue fairly and fully without reopening the Contested Case Hearing. TORIGOE:Yeah.Iunderstoodhertosayafewminutesagothatthematerial that she would like to present today, the new evidence that she would like to present is not related to her objection to Mr. Loves testifying. Is that correct, Ms. Song? SONG:Right, that has nothing to do with him testifying. TORIGOE:Can you speak into the mike. SONG:Im sorry. The evidence we wanted to present had to do with the impacts of this project, the impacts of adopting Mr. Loves recommendation on the project itself. We also wanted to make arguments separate from the evidentiary matters. We wanted to make arguments on the legal issue that he raised for the first time. And Im sure Mr. Yuen would want to raise, would have some comments on the legal issue of the authority of the Commission to amend conditions. TORIGOE:Yeah, I kind of -. I think, given the fact that this is, you know, there already has been Contested Case Hearing completed on this matter, you can limit the amount of time and volume of material that youre going to receive at this point. And maybe it would be helpful if we could get an idea from the parties of what it is that they would like to present if you give them the opportunity. MCCALL:Chairman? GALDONES:Commissioner McCall? MCCALL:Im just wondering if were opening ourselves up for more litigation by opening up evidentiary, you know, bringing in more evidence after theyve had the chance to do it at the hearing under the Hearing Officer. And we have one party who is now saying they want to, they have prepared more evidence to bring in. The other parties are being, you know, this is being dumped on them at this point in time. I dont think its fair. My general feeling is that all parties were given their chance at the hearing under the Hearing Officer to present their evidence. My assumption is that much of this 13