2004-10-22 TAINALOA - Laserfiche WebLink

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GALDONES:Commissioners and counsel -. Ms. Song, Ive heard your objection and it is our desire, as Commissioners, to bring this to rest here today and do not want to put ourselves into a position where theres continued litigation as to how we would be proceeding. So the Chair needs to proceed with caution, considering the objection that you have raised. Also, on the other hand -- theres validity in your objection. However, on the other hand, I want to make sure that the Commissioners fully understand the documents that they are considering and will be making a decision upon. So taking both into consideration, the Chair will proceed with caution and, hopefully, that the parties will be able to accept the decision that we render today without any further litigation. Any further -? Commissioner Springer? SPRINGER:On this matter, then, what part of our rules are we looking at in Section 4 of the Planning Commission rules? GALDONES:Mr.Torigoe? TORIGOE:Thankyou.Rightnowweareatapointthatisgovernedbyyour Rule 4-33. We have received the Hearing Officer report; weve received one set of exceptions. I understand that the County is waiving the opportunity to file any further support of the Hearing Officers report. Mr. Fulks, are you planning to file anything else with respect to the Hearing Officers report? FULKS:No, Im not. TORIGOE:Okay. So, then, you are at the point which you can do two things. You can, under 4-32, you can direct oral argument -. I understand nobody has specifically asked for oral argument at this point. SONG:Yes, no, I have. Ive submitted a written request for oral argument, along with my objections. TORIGOE:You did. Okay. All right, Im sorry. And, so, you need to consider whether to grant oral argument from the parties; and then under Rule 4-33, Subsection (b), since we have exceptions filed, Upon the filing of the exceptions and briefs or statements, the Commission may render its decision forthwith upon the record; or if oral argument has been allowed, after oral argument; or may reopen the docket and take further evidence or may make such other disposition of the case that is necessary under the circumstances, provided that where additional evidence is taken and has not been heard and examined by all of the Commission members who are to render a final decision, the Commission shall comply with the procedure in section 4-23 of this rule. So, essentially, you have the Hearing Officers report before you as well as a piece of the other proposed Findings and Decision. You need to determine whether to allow oral argument regarding the adoption of a set of Findings and the Decision, and you also have a fairly wide discretion of whether you want to even taken further evidence at this point and then make a decision. 8