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HAYASHI: I guess it was an oversight on the applicant’s part. And normally the <br />Department does check the surrounding property owners’ notification letter and who did they <br />mail the notices to. But it was also an oversight on our part, and we apologize for that. <br />WATANABE: Okay, no problem. Thank you for the information. I have a question for <br />Counsel. Proper notice should be established in order for the hearing to continue; however, I <br />don’t believe we can preclude anyone from the public to testify. I’m not sure what Danette <br />Mettler wants to testify about. And my follow-up question to that is, would we have to, because <br />of the defective notice, continue this until notice is perfected before we even take a vote on <br />whether to grant standing to the intervenor? <br />TORIGOE: Well, you have somebody who did file a timely and valid request for <br />intervention, and I think you can take that up. But the question is: What about the guy, Mr. <br />Blancato, who did not apparently get timely notice? And basically, you know, I think we need to <br />offer him the opportunity to also file for a contested case and be a party, if that’s what he would <br />like to do. <br />BLANCATO: Can I comment? <br />WATANABE: Sure, Mr. -. <br />BLANCATO: Yeah, you know, rather than waste the Commission’s time and our time, <br />I’m just bringing this up as a point of fact that we weren’t in fact noticed. The McCulloughs did <br />get a contested case in in time. And we are here today to discuss the matter. Me, personally, I <br />don’t need to get another notification and come here in another eight months and present this all <br />over again. My main issue is the fact that it’s a visual impairment to my right to enjoy my <br />property, and that there is noise impacts to us as a neighborhood. <br />WATANABE: Okay. I can appreciate that; however, you did bring it up and it’s on the <br />record now, so you will probably receive another notice -. <br />BLANCATO: I have received the notice. <br />WATANABE: And more than likely it will be continued just to -. <br />BLANCATO: I have received the notice. <br />TORIGOE: Well, Mr. Chair, I guess -. You know, Mr. Blancato is here; if he <br />understands what his rights would be, if he had gotten timely notice, he would have had the <br />opportunity to file a request just as the McCulloughs did for -. <br />BLANCATO: Well, the McCulloughs are neighbors. And we communicated my feeling <br />was that if the McCulloughs had filed the contested case, then at least the contested case was <br />filed, I didn’t feel like I needed to file a contested case as well. <br />EXHIBIT D <br />9 <br /> <br />