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and Hearing," it states and I'll read it to you, "The licensee or party upon selection of
<br />Alternative III request a formal hearing otherwise known as a contested case to offer defenses
<br />to charges in the complaint and accusation. In contested cases, the licensee involved shall be
<br />required to be present at the hearing. If the licensee or party fails to appear at the hearing
<br />after being duly noticed, as is the case here today, the contested case may proceed in the
<br />licensee's or the party's absence, and this Board may adjudicate the complaint and assess
<br />penalties, that's what your role says and that is the role that I'm asking that this Board
<br />implement at this time in light of their absence.
<br />It's under this very rule that the Department is seeking to proceed at this time, in line with this
<br />as I previously noted for the record, the hearing was in fact scheduled for today at 1:30 p.m.
<br />No one is present, nobody has appeared arguing on behalf of the licensee in this case, and
<br />we've already verified that no one is outside. As such, Chair and Board Members, all seeking
<br />their default for their failure to appear today, asking that we proceed in their absence pursuant
<br />to rule 1.8(D)(3) once you have received the sufficient proof that they received proper notice
<br />for today's hearing. So with that in mind, I have prepared what's been previously marked as
<br />exhibits A, B, and C on an exhibit list that will be provided to you at this time for your review
<br />and consideration, copies are going to be handed out to you at this time.
<br />All right, now that you all have the Department's exhibit list in front of you, I just want to focus
<br />your attention on A through C at this time. So, Exhibit A is a copy of the USPS (United States
<br />Postal Service) certified mail receipt dated November 17t", 2025, that's the date of the mailing
<br />in this case. The tracking number was 7018, well there are actually two tracking numbers, but
<br />you'll see reference to the certified mail receipt that's attached to Exhibit A. Exhibit B is a copy
<br />of an e-mail sent to the licensee at the e-mail address on file, I have it referenced there, to
<br />jason.kemp@mattgrill.com that was sent by Hau`oli Sayles, Liquor Adjudication Board and
<br />Liquor Commission Secretary, dated November 25t", 2025, at 1:52 p.m., Hawaii Standard
<br />Time.
<br />It is attached a copy of the complaint and accusation in this case and notice of the hearing
<br />today that was sent via certified mail again, pursuant to that exhibit on November 17t", 2025.
<br />Now if you take a look at Exhibit C, that shows you the USPS (United States Postal Service)
<br />delivery, there are actually two delivery efforts, one went to a vacant address, and the other
<br />one was actually delivered to the individual at the registered address in Colorado on November
<br />21 St, 2025, at 3:28 p.m. Once this Board has had an opportunity to review Exhibits A through
<br />and including C, I would ask that the Board accept into evidence the Department's Exhibits as
<br />I've just described, proving that the licensee in this case had ample notice and time to appear,
<br />and or defend the complaint and accusation in this case.
<br />Fuke: Thank you very much, Ms. Frenz. Board Members, I know it seems like a very long
<br />document that might take you probably half an hour to read but from the Chair's perspective
<br />and a cursory examination of the exhibits, the Chair believes that they are appropriate and
<br />think that what Counsel is attempting to do is just to make sure that procedurally you know we
<br />are on the right footing. And then if so, then we can kind of proceed on the substance of the
<br />alleged violations. So, the Chair would recommend the acceptance of the Exhibits A, B, and
<br />C, into evidence, but obviously I can't make a motion, so I'm looking at a Board Member to,
<br />so I entertain a motion to that effect.
<br />Hughes: So moved.
<br />MINUTES - LIQUOR ADJUDICATION BOARD MEETING - THURSDAY, DECEMBER 4, 2025 - HILO PAGE 17 OF 29
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