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SIRACUSA: Yes. I received the Findings of Fact and Conclusions of Law from the hearing officer and other parties. Well, as far as I could determine, I never received it from the intervenors. Did they actually file a Findings of Fact and Conclusions of Law? DARROW: No, they did not. SIRACUSA: So, that explains why I couldn’t find it. ALAMEDA: Okay. Any other questions? Commissioner Watanabe? WATANABE: I had spoken to Mr. Torigoe earlier about this with regard to the petitioner’s demand for jury trial, and I was wondering if he would clarify the process for us because it seems like, that might be, the petition for stay might be out of order. ALAMEDA: Sure, okay. Mr. Torigoe? TORIGOE: Thank you, Mr. Chair. I presume that you are referring to what is titled the Petition for Judicial Review and Order for Stay of Contested Case Administrative st Decisions that was apparently filed December 1, 2006, by the intervenor’s representative. WATANABE: That’s correct. TORIGOE: Okay. Yeah, I’ve taken a look at it. It is a rather unusual pleading. I’ve not seen one like this before. It appears to be attempting to ask the Circuit Court to step in at this point; and pursuant to HRS Chapter or Section 91-14, the intervenor seems to be asking the Circuit Court to basically stop the contested case proceedings that are underway, and to require appointment of another hearings officer and have another contested case hearing. Generally speaking, under 91-14 HRS, you need to finish the contested case hearing before you can take up an appeal or, yeah, an appeal to the Circuit Court for judiciary review. Ninety-one dash fourteenHRS, as far as I know, does not provide in itself for jury trial; it just recognizes that there may be other remedies out there besides an appeal to the Circuit Court under 91-14. So, essentially, in a normal course of things you would want to finish the contested case proceedings, and then take an appeal under 91-14 to the Circuit Court. That’s probably as much as I can just tell you generally.Maybe, we should hear from the parties also what their positions are at the proper time. And also, by the way, it does not appear here to be any order from the Circuit Court that would prevent your proceeding at this point. ALAMEDA: Okay. Ms. Siracusa? SIRACUSA: Yeah. This is a procedural question also. Those SunStone’s attorneys and Director Yuen have filed Exceptions to the Hearing Officer’s Report. Now one of the things I understand that we have to do today is decide whether or not we want to accept the hearing officer’s report. Do these exceptions that they have filed, how do these exceptions affect our decision as to whether or not to accept the hearings officer’s report? I mean can we say accept the report and decide that we want to, you know, make the corrections as stated in either one or both of those filed papers, or do we have to say we don’t accept the hearings officer’s report because they don’t reflect these Findings of Factor? I mean, what process do we go from here? EXHIBIT B 3