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2004-12-17 TPettuso
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2004-12-17 TPettuso
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school is somehow negated, because thats what I try, the way I try to run my classes. <br />This is the law, this is the consequence of the law, and thats what the laws are for. I <br />hope that you deny this request, also. <br />Im assuming that all of you got a copy of my written testimony with pictures of the road <br />that leads up there, shows the close proximities, 73 feet actually from my driveway to the <br />first entrance to their property. I hope you understand from my written testimony that <br />there is not a car that goes by there that does not, that Im not aware of. And thats, <br />anytime you increase the population, you can guarantee yourself youre going to increase <br />the number of cars that go by. Thank you. <br />FUJIKAWA:Commissioners, any questions with Mr. Washburn? Springer? <br />SPRINGER:Thank you for your testimony, both written and oral. And Ill ask <br />thesamequestionaskedofMs.Green.Areyouawareoftherightsandresponsibilities <br />that you have of having made the Request for Standing in a Contested Case Hearing? <br />WASHBURN:Not really. <br />SPRINGER:Im wondering if, Mr. Director, if you could sketch those out for <br />Mr. Washburn? <br />FUJIKAWA:Mr. Director? <br />YUEN:If the Commission grants you standing in a Contested Case <br />Hearing, this then will go to a more formal-type of decision-making. If you had not had <br />standing, if there was no request for standing and no, then they would not have a formal <br />Contested Case Hearing, and the Commission would make a decision similar to what you <br />may seen earlier today. People come up, they can testify, the Commission would have a <br />discussion, and then make a final decision. <br />If the Commission does grant the standing, then we will, given that both the Applicant <br />and the other, Ms. Green, would want the hearing continued, then we would not make a <br />decision today, and we would set a date for the formal hearing. <br />The difference, the major differences would be that we would, that you have the <br />opportunity to cross-examine the other sides witnesses, that you can, and your witnesses <br />can be cross-examined by Mr. Lim, that there would be a meeting in advance in which <br />youd be expected to disclose all of the exhibits, all the things that you wanted to be <br />considered, and that there would be a more formal set of findings leading up to the <br />decision. We would want each side to spell out the reasons why, in detail, why, in one <br />case, in the case of the Applicant why the permit should be approved, and in your case <br />why it should be denied. <br />The Commission can decide to hear all this themselves, or they can decide to have the <br />Department hire a hearing officer to hear this. Its typically an attorney or a person thats <br />9 <br /> <br />
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