2004-10-22 TAINALOA - Laserfiche WebLink

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Contested Case. But he states, I dont know if its important but he states that Eight Road in Hawaiian Acres meets the, essentially meets the highway, the Volcano Highway; and thats not quite true. It takes a jog, and A Road and then Kuauli or Kuauli Road, and then it meets the highway. And I dont know if, you know, it matters but there is that error of how the road meets the highway there. GALDONES:Okay. So noted. Commissioner Graham? GRAHAM:I wanted to speak to Ms. Songs commentary before, about procedure and whether the Hearing Officer should speak to us now, and all like that. Is it appropriate for me to sort of -? GALDONES:Yes, this would be an appropriate time. Because once the discussion has ended, we will be adopting the procedure and, so, all the parties will be on thesamepage.SoifyouwanttospeakaboutMr.Lovesparticipationinthehearings, you may do so at this time. GRAHAM:So I dont, the basic place Im coming from is I dont understand what her concern is. And as a basis for that, it seems to me that Mr. Love is an impartial hearing officer who conducted the hearing and has seen the submissions from the three parties and has come with his proposal for us; and I havent seen anything, anybody claiming that he was other than impartial in his work to this date. So I would think that our questioning of him, like I would presume to question him about a few of the things that he has written, is based on our understanding of why this impartial person came to these specific Findings of Fact and Conclusions of Law. So my sense is that isnt prejudicial to anybody in this proceeding, so thats why Im not understanding the concern. GALDONES:Mr. Love will have the opportunity to be questioned. His report will be questioned by the Commissioners and he will be allowed to respond to your question, if you have any clarity, clarification that needs to be done to his report. GRAHAM:So then the gist of the concern was that he shouldnt be introducing additional testimony here, other than in response to the questions that we come forth with about what he wrote. Is that correct? GALDONES:That is correct. Yes, sir. SONG:Mr. Chairman, for the record, I just want to place an objection on the record to any testimony at this hearing or any statements by Mr. Love. I mean, this is for the record. Because any answer to questions that he might take to advocate his position or advocate against somebodys objection, he becomes like a party and advocating, rather than an impartial hearing officer. In addition, your rules do not provide for Mr. Love to do anything more than submit his written report to you. So Im just placing my objection on the record. 7