2003-12-04 TDOUTOR - Laserfiche WebLink

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KUBOTA:WasnÓt part of the motion that was made requesting that it be put on the agenda with notification at our next meeting or whatever that was added on, and he agreed to it, the maker of the motion agreed to it? OÓTOOLE:Yeah. So that would be notice just from publication. If you went under this rule, he would have to notify surrounding property ow and they could come in, they could ask to intervene as they did in the original issuance. That is not going to be there if you go this way. And Mr. Tsukazaki is saying, yes, that heÓs not going to notify anybody, doesnÓt have to, and that itÓs just the Commission doing what it feels it should do. So IÓm just asking you to consider is that really what you want to do when you have a specific rule that has certain protections in place? You know, you did have a Contested Case before. ThereÓs no reason to think that those people would still not be interested if you change the issues or the conditions. TSUKAZAKI:Mr. Chairman, may I have a, speak? GALDONES:Mr. Tsukazaki? TSUKAZAKI:My view is that the Contested Case proceeding has, you starting a new one. YouÓre basically going back to the time that the action was taken and youÓre making a decision whether or not to amend that action that was taken at the end of the Contested Case. ThereÓs only one party in that proceeding, and Mr. Krueger represents them. So I donÓt share the view that this is a whole new proceeding where you start serving everybody again. I donÓt share that. GALDONES:I understand. Commissioners? Hearing no further question, no further discussion, Norman? KUBOTA:Wait, one more question. GALDONES:Commissioner Kubota? KUBOTA:One more question. Hierarchy was mentioned as to whether we follow Roberts Rules or 6-8 of our PC Rules. I would like to ask the Corp. Counsel not, well, I donÓt how to put this. But theyÓre both avenues for recourse but they present a different facet or a different procedure involvement. Does following one over the other have any significance or any weight? Does one rule higher than the other? Hierarchy was mentioned earlier in our discussion and Ms. Springer mentioned that weÓre following the lowest. Is there a lowest/highest in ruling and procedures that are available to clients? OÓTOOLE:Well, I donÓt know if I would put it that way. But your rules are specific to you in your proceedings. They were adopted after public hearings, pursuant to, you know, statutory authority to adopt your rules. Your rules do then reference Roberts Rules and says parliamentary procedure to be utilized in the conduct of its own 12