2010-11-24 TPARKER RANCH - Laserfiche WebLink

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GONZALEZ: Thank you, Mr. Chair. The concern is to make fairness for the parties, if you are given petitioner status, and also to be fair to the Commissioners. While you guys may agree to file everything the day of the hearing, if the Commission gives you deadlines to file a week or two weeks before, itÓs for the purpose so they can review the materials before the hearing, and so that they can be ready for the issues at hand. And thatÓs one of the major concerns here is the hearings, th if there is going to be a hearing on the 15, we already have a contested hearing set for that date, so there is no guarantee that youÓll be even heard on that day. Secondly, the deadlines as drawn up to submit your statement of issues in writing, your exhibits, your exhibit list, your witness list, and then the subsequent deadlines for objections, and then the subsequent deadlines for rebuttals, itÓs all going to be compacted in the next couple of weeks. And while you guys might agree to push those dates closer to the hearing, itÓs up to the Commission whether they are going to grant it. SONG: I might also add that I have a schedule conflict for their next meeting; I am the counsel for the grand jury for East HawaiÒi and the grand jury is in session at your next meeting in December So it puts me in a very difficult position. FUKE: Mr. Chairman, can I ask a question of your counsel or maybe of the staff? HOUSEL: Sure. FUKE: Let us assume that the intervention request were considered and granted today, can this th matter still be agendized for the meeting on the 15? You know, with the understanding that if the parties donÓt resolve matters, that we will kind of just defer everything; on the other hand, if things are resolved and, you know, if Ms. Song is kind of tied up, weÓve already resolved the items through some kind of a written agreement, then we can kind of proceed with the matter on their conventional basis. LEITHEAD TODD: I have a question for counsel which is, is it possible if the parties stipulate that if there were to be a contested case hearing that it would be in January? But I think one of the issues here is that Ms. Song is saying that even if we have it on the agenda in December, she canÓt attend to put something on the record even if there is an agreement. Is that -? So IÓm just questioning whether they can stipulate that it would be January. And if it is going to be on DecemberÓs calendar, that it has to be in writing because Ms. Song canÓt be there. GONZALEZ: Okay, first, to answer Mr. FukeÓs question, I think what the Commission is trying to do is to craft something to save everyone time and money, right Î Ms. SongÓs clientsÓ money, Mr. th FukeÓs clientÓs money and time. One solution was that the Decem meeting would be agendized, and it could be agendized as a pre-hearing/contested case hearing, because our rules allow for a pre-hearing to be held. If a settlement can be reached, to address the DirectorÓs concerns, if the parties agree to continue it into January for the contested case hearing or pre- hearing, then the Commission can consider that as part of the scheduling; it helps the Commission because December is already packed. But the interests of the parties may conflict on this and they may not agree to such a continuance. So it depends on what they put forth on the record; I mean if th Ms. Song wouldnÓt have been able to be here on the 15 anyway, I mean IÓm glad you put that on the record, because thatÓs something the Commission has to consider as well. ARAI: And just for the CommissionersÓ information, the next Leeward Planning Commission th hearing in January is the 13. 4 EXHIBIT A