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CHAIR: It's my belief that the Board has enough information and documentation based <br />on Petition 2009 -3, and again we're basing it strictly on the petition and the back -up <br />documentation provided by Mr. Dan Cole. I feel that we can move on to maybe render <br />an opinion on this. Do we have any other further comments from counsel? Ms. Heely? <br />HEELY: No other comments, unless the Board has any questions for me. <br />CHAIR: Board members? Is anybody in agreement with me that we have sufficient <br />information here, or are we lacking something? Again, Mr. Cole, just to reiterate the <br />proceedings that we're undergoing right now are informal. The correspondence that Mr. <br />Ashida referred to, by all means you can request copies of that and request a formal <br />investigation, and I think that can be handled under a separate hearing or something of <br />that nature. <br />COLE: I see. Would that be a Hawaii Revised Statutes 920 section, a Freedom of <br />Information request? <br />CHAIR: If you say so. I don't know, I don't know. You obviously have a much <br />COLE: Could the Board inform me and just give me the document? <br />CHAIR: I'd rather not right <br />COLE: - -and I'll make a formal request under the Freedom of Information Act <br />CHAIR: - -Yeah, because yeah, I'd rather go through a formal request and you know, <br />you can have a request for a formal hearing as well. I think the first step would be, if you <br />want to receive that documentation, a formal request be made. But I'd like again, just to <br />reiterate, I think we have enough to vote on Petition 2009 -3 and <br />GENTRY: Okay, I'll be bold. Over here. <br />CHAIR: Okay. Yes, Ms. Gentry? <br />GENTRY: I motion to deny the petition based on insufficient evidence at this time. <br />CHAIR: Okay. <br />L UM: Second. <br />CHAIR: We have a second. Any discussion? <br />GENTRY: Discussion. Yeah again, some of I would have a lot of questions about the <br />documents that were submitted on both sides, but it might be helpful to Mr. Cole to have <br />a chance to look at it, and maybe a formal hearing where we can actually have witnesses <br />and testimony and formalize legal briefs, because those are actually easier to read for <br />me. <br />29 <br />