2004-10-22 TAINALOA - Laserfiche WebLink

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As the Commissioners will recall, the Commission, there was a request for a Contested Case Hearing by Mr. Ole Fulks and the Commission granted the standing to Mr. Fulks. The Commission also requested that the Planning Director secure a Hearing Officer for, to hear the Contested Case Hearing. We had solicited the assistance of Mr. Colin Love, whos an attorney-at-law, to be the Hearing Officer. Mr. Love had conducted a Contested Case Hearing and had presented its Findings, proposed Findings to the th Planning Commission; and that was submitted to our office on October 8. Unfortunately, and I take the blame for this, but I had scheduled the hearing today not knowing that the 15-day requirement for filing of exceptions was today; and this is why Ms. Song, the Applicants attorney, had filed the exceptions in a timely manner at todays meeting. With that, Id like to turn, unless there are any questions, Id like to turn it over to the Hearing Officer to go over his report. GALDONES:Commissioners, any questions of Norman? None? SONG:Mr. Chairman, Im Sandra Song and I represent the applicant; and I just would like to raise a procedural matter. I understand Mr. Hayashi wants to turn this matter over to the Hearing Officer. And I have not appeared before this Commission for many years. However, all I can do is look at the Commissions rules; and as I read the Commissions, a Hearing Officer is retained to, by the County, to conduct a hearing on behalf of this Commission and to prepare a report; and a Hearing Officers job is done when that report is submitted. And I might also note that your rules provide that even the exceptions that we can file in this matter are only to be served on parties, not onto the Hearing Officer. And I believe it would be improper for Mr. Love to get up today before this Commission and explain or defend his report. He has submitted it, its for you to take it and accept it or reject it. And if he does anything like I suggest, which is to comment on or present his report, hes becoming an advocate and like a party; and that is, as I read the rules, totally improper. So I would object to Mr. Love participating in all of the proceedings today. GALDONES:Ms. Song, that will be taken it into consideration; and I will direct the Commissioners as to how we will be proceeding. And if you have any objections to the way we, I am directing the Commissioners to proceed, then you can raise that objection to that process. SONG:Thank you. GALDONES:Youre welcome. Ms. Leithead, representing the Department, you have heard Ms. Songs objection, do you have any comments to her objection? LEITHEAD-TODD:We think thats within the determination of the Planning Commissioners as to how they wish to proceed. 4