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included, although we are per se and very unprofessional at this, should have the opportunity for <br />a fair hearing, and that was not afforded. Thank you. <br />ALAMEDA: All right. Ms. Siracuas, any follow-up to that? <br />SIRACUSA: No, but, well someone else may, but I’m wondering if we, at what <br />point, we go ahead and decide if we are going to accept the hearing officer’s report or not. <br />ALAMEDA: Yeah. Mr. Torigoe, now that we’ve heard about potential for <br />continuing in a different direction, what’s your thoughts on that? <br />TORIGOE: Well, as I stated earlier, at this point there is no order from court or <br />anything that would prevent you from going forward in considering the findings at this point. <br />You have before you a copy, I guess, of the petition that was filed by the intervenor with the <br />court. You can see what has been argued there, and you know, so it will be within your <br />discretion to continue the matter until the court makes a decision. But, as I said, you know, at <br />this point you are also free to go ahead, I think, there is no legal impediment to your going ahead <br />and dealing with the Findings of Fact drafts that are before you. <br />ALAMEDA: Okay. Ms. Siracusa, then Mr. Watanabe. <br />SIRACUSA: I’m just wondering in terms of the order of things whether we do the <br />decision on whether or not to accept the hearing officer’s report, or whether we should take final <br />arguments first. If we take final arguments, does that mean that we don’t go on to deciding about <br />the hearing officer’s report or, I mean, does that cancel that out or? <br />ALAMEDA: Mr. Torigoe? <br />TORIGOE: Well, I think your arguments are really for the purpose of informing <br />you, so that you can deal with the hearing officer’s report, or the arguments can also include <br />further elaboration by the intervenor as to why you should not go forward at this point and that <br />you should wait for the court to make a decision. <br />SIRACUSA: So, you are recommending then that we go on to final arguments at <br />this point. <br />TORIGOE: That would seem to be appropriate. <br />ALAMEDA: Let me check with Commissioner Watanabe, then Commissioner <br />Iwashita, if they have thoughts on this. Mr. Watanabe? <br />WATANABE: That was exactly my suggestion that we move on to hearing the final <br />arguments and, you know, move on to deciding. <br />ALAMEDA: All right. Mr. Iwashita, anything else different? <br />IWASHITA: Yes. Mr. Hardy-Sullivan just raised the point about Mr. Rusalavitch <br />not being able to be present today for a family emergency, and I just clarify -. Mr. Rusalavitch is <br /> EXHIBIT B <br />9 <br /> <br />