2010-12-15 TFOULKexhibitD - Laserfiche WebLink

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most recent hearing and four months after the first hearing. The rules were not followed regarding subsurface testing. And said derelictions in the law compelled the Kanuha ‘Ohana to request standing as a party. HOUSEL: Mr. Olson, as I read the language of the rule, it says that the written request for standing must be submitted no later than seven days prior to the Commission’s first meeting, not substantive hearing. P. OLSON: Correct. Let’s say if you want to do a strict construction of Rule 4-6(a), that’s correct, okay? Now, a separate avenue that we are arguing and we documented in our letter, our December th 10letter, is that the Kanuhas can be afforded separate relief and a separate avenue for having standing under 6(e), okay? And it’s commonly referred to as anindispensable party in civil actions, and this is similar, okay? And this rule is for these specific situations. And if we want to talk about policy and setting precedent, what the Planning Department is basically insinuating is, and we can insinuate back is, that if the Commission denies a lineal descendant of a property standing based upon this rule, they are setting that precedent, and that would be litigated. And it goes both ways. HOUSEL: Thank you, Mr. Olson. I think under the circumstances and looking at the procedural issues here, I believe we are going to have to proceed forward on the procedural issues, and that we are going to have to make a determination of the standing at this point. P. OLSON: Okay, so the Commission is to take it to a vote now? HOUSEL: Yes. P. OLSON: Okay. I would like to, you know, make a record of that, so I can lay in the record what his interest are. I want to elaborate on that. I want to give an offer of proof or call him to testify, and then the Commission can make their decision on that. I think that’s only fair. HOUSEL: Okay, that’s fair -. YEH: Mr. Chairman, before we need to give and get another testimony portion, it might be more efficient and productive, I mean, what’s the offer of proof? Maybe I should ask that rather than have the witness testify at this point. HOUSEL: Can you repeat it again? YEH: Yeah, I’m just trying to find out what would be -. I’m okay with an offer of proof in terms of a verbal offer of proof from Mr. Olson what would Mr. Kanuha to be testifying to in order to lay a record. That may be enough. P. OLSON: Well, if Mr. Yeh wants to stipulate to certain facts, we can do that as well. I would like to have him testify. HOUSEL: I guess -. YEH: I can’t stipulate to anything unless I know what the offer is. 21 EXHIBIT D