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As a practical matter, the lack of DPW records in this proceeding is one reason why I`o <br /> Processing filed its Request for Subpoena Duces Tecum. Now that the Subpoena Duces Tecum <br /> has been denied by email dated November 8, 2023, the Record on Appeal is especially important <br /> to allow the Board and I`o Processing to assess the propriety of DPW's denial. I`o Processing is <br /> prejudiced by the lack of a Record on Appeal, as DPW has not provided any records or files <br /> concerning their decision for the denial. <br /> The foregoing is made under the Board of Appeals Rules and in accordance with the <br /> Scheduling Order dated November 1, 2023. <br /> DATED: Hilo, Hawai`i, November 8, 2023. <br /> /s/Ian R. Wesley-Smith <br /> STEVEN S.C. LIM <br /> PATRICK K. WONG <br /> IAN R. WESLEY-SMITH <br /> Attorneys for Appellant <br /> I'O PROCESSING COMPANY INC. <br /> 4894-5780-8783.1.071717-00001 <br /> 2 <br />