2003-12-04 TDOUTOR - Laserfiche WebLink

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KRUEGER:Mr. Chair, if it pleases the Commission, IÓd like to be able to briefly address the same point that has been the subject of discussion between Mr. Tsukazaki and the Commission. At the last hearing, there we were being, and actually, it was one motion, and it was brought by the Applicant. The motion was to ask someone on this Commission to bring a motion, Commission can bring, whether that be a motion for reconsideration or a motion for rescission of the prior action. It was determined at the last m rules state that you have to bring a motion for reconsideration prior to the written decision and Roberts Rules of Order say that it needs to be brought on the day of the hearing, that a motion for reconsideration was not in order the last time around. Even if any of you Commissioners wanted to bring that motion, it was too late to bring that motion. So the focus of the discussion at that point became a motion to rescind, which is an alternative to the, under Roberts Rules of Order to this motion to alter, or to amend something previously adopted, that Mr. Tsukazaki has now asked you to consider raising today. But I think the point that your Corp. Counsel made at the last meeting that Mr. Tsukazaki is referring to was after we took a break and after he spoke to someone in the Hilo office, he came back and said that even though this was rescind, that the attorney in Hilo that he spoke to said that it was really more of a motion to alter or amend, which is what your counsel is telling you today is really the appropriate motion for Mr. Tsukazaki to bring. And that required him to notice it, to properly agendize it, and so forth. The motion that he brought at the last meeting to reconsider, to ask the Commission to reconsider, or ask the Commission to rescind was properly agendized and was properly before this Commission; and that was determined at the last meeting as well. So what Mr. Tsukazaki is saying is I would like one of you to bring that motion to rescind so that it can be discussed. And at the last meeting nobody chose to bring that motion, nobody, it died because nobody raised a motion. So the today, is Mr. TsukazakiÓs request, again, to ask somebody here on the Commission to rescind or to bring a motion to rescind an action that had previously been approved. Mr. Tsukazaki, as the Applicant, canÓt bring that motion. The only way Mr. Tsukazaki can bring that motion is under Rule 6-8, which is a motion to amend a condition that has been previously adopted by this Commission. And if thatÓs the way he wants to go, I mean if thatÓs what he wants to do, thatÓs his only means of doing that. The Commission as a body can reconsider or can rescind an action that it has previously taken, but there are certain restrictions on that as well under Roberts Rules of Order. And with respect to the motion to amend something previously adopted, one of the restrictions on that is when something has been done as a result of the vote on the main motion that itÓs impossible to undo, then you canÓt rescind, or you canÓt reconsider the previous action. And, in this case, there has been an appeal of this CommissionÓs decision which is pending before Judge Ibarra in the Third Circuit. And I donÓt think that itÓll be 6