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2006-12-06 tmartinage-nunn
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2006-12-06 tmartinage-nunn
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want to see us get all burnt out running all day with other stuff and not be able to give our good <br />attention to that. So my sense is I don’t really know whether this is going to be a half-an-hour <br />agenda item, which to me would be fine to do right now. But if it’s going to carry on till lunch <br />or beyond or something, I feel like maybe we should reschedule it for the next meeting. <br />ALAMEDA: Yeah, I agree. Ms. Siracusa? <br />SIRACUSA: Well, I agree that we should hear it rather than farming it out to a hearings <br />officer. I do not think we should hear it today partly because for the same reason that <br />Commissioner Graham mentioned, but also because we would not then be affording both parties <br />the opportunity to bring in witnesses and submit evidence, which is part of the whole contested <br />case process. <br />ALAMEDA: Commissioner Iwashita? <br />IWASHITA: I’d like both parties to understand, and Corporation Counsel can correct <br />me if I make a misstatement, but our Rules for the contested case hearing, well, let me preface <br />what I’m thinking about first. What the Commission is now considering is not the substance of <br />the application. We’ve granted, we voted to allow the petition for contested case hearing, and <br />now we are trying to decide, or we are going to decide whether we will hear it as Commission <br />ourselves or farm it out to a hearings officer. And then if we keep it to ourselves whether we <br />want to hear it, you know, give you the opportunity to have us hear it today, or if we are going to <br />continue to another time and provide you the opportunity to put together other papers, exhibits, <br />get witnesses and all of that, which the Rules allow. So, and the bottom line rule is that the <br />parties, both of you, can agree to change all of the rights that you have under the Contested Case <br />Procedure in proceeding with the contested case hearing. So basically, you know, if you both <br />agree that we can proceed today, you don’t want additional time to get witnesses or other <br />documents, then we can do that. So, I just want to make sure that you both understand that. So, <br />can you respond if you have any questions, or if you understood the process that I explained? <br />ALAMEDA: Okay. Mr. Farwell, you first. <br />FARWELL: Yes, I understand. <br />ALAMEDA: Okay. <br />IWASHITA: What would be your preference? <br />FARWELL: I would like to hear it today and now will be fine. I mean, I have really no <br />evidence -. <br />IWASHITA: Please hold your mike close to you. <br />FARWELL: I’m sorry. I have no presentation to speak of other than what I’m telling <br />you now, I mean -. <br />ALAMEDA: Okay. <br /> EXHIBIT A <br />15 <br /> <br />
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