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Merit Appeals Board <br />February 23, 2024 <br />CHR. CABANAS: As the Chair, I did note the timeliness as well. So, I had a question about it. <br />But if you look at his appeal and the forms he has attached, there may be some sort of <br />explanation that we might have to hear. <br />MR. THOMAS: Thank you. <br />CHR. CABANAS: Okay. So, March 12'h—we'll defer it to March 12''. I need a motion for <br />that, yeah. <br />MR. THOMAS: Is that a hearing to for the Board to consider our motion to dismiss? <br />CHR. CABANAS: Motion to hear. <br />MR. THOMAS: Okay. <br />CHR. CABANAS: The motion to hear your dismissal. And, at that time, depending on what the <br />outcome is, then we would schedule the hearing. <br />MR. THOMAS: Okay. Would the Board prefer a written motion submitted before the <br />March 12'h date or present an oral motion and arguments where the Appellant can respond? <br />CHR. CABANAS: If you submit a written motion, then he will have the opportunity to respond, <br />right, before March 12'. <br />MR. THOMAS: Sure. Yes. <br />CHR. CABANAS: Yes. So, that would be the preference for the Board. But we need a motion <br />for that from the Board. So, Board members— <br />MR. KUNZ: So moved. <br />CHR. CABANAS: Is there a second? <br />MS. MATHEWS: Second. <br />CHR. CABANAS: Okay. So, let's make clear what the motion on the floor is that we defer <br />this matter, this appeal matter, to our next Board meeting, which is March 12'', 2024. And that <br />meeting is scheduled at what time, Glynis11 o'clock, here, at the Hilo Council Chambers of <br />the Hawaii County Building, First Floor, Room 1401, in Hilo. Any discussion? <br />MS. DE SOTO: Yeah. I was curious, if you could clarify for me—when we receive an appeal <br />and we go to schedule the hearing in the past—has the Board established the merits of the case <br />prior to the hearing or at the hearing? I just want to make sure our practice is consistent. <br />Page 9 <br />