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S <br /> M <br /> A <br /> v, <br /> OFFICE OF ADMINISTRATIVE HEARINGS <br /> DEPARTMENT"OF COMMERCE AND CONSUMER AFFAIRS <br /> STATE OF HAWAII <br /> In the Matter of ) PCH-2005-9 <br /> KIDDE FIRE TRAINERS, INC., ) HEARINGS OFFICER'S FINDINGS OF <br /> FACT, CONCLUSIONS OF LAW AND <br /> Petitioner, ) DECISION <br /> vs. ) <br /> ) <br /> DEPARTMENT OF FINANCE, COUNTY ) <br /> OF HAWAII, ) <br /> Respondent. } <br /> HEARINGS OFFICER'S FINDINGS OF FACT, <br /> CONCLUSIONS OF LAW AND DECISION <br /> I. INTRODUCTION <br /> On November 7, 2005, Kidde Fire Trainers, Inc. ("Petitioner") filed its request for <br /> administrative hearing to contest the Department of Finance, County of Hawaii's <br /> ("Respondent") decision to deny Petitioner's protest. The matter was set for hearing and the <br /> Notice of Hearing and Pre-Hearing Conference was duly served on the parties. <br /> At the pre-hearing conference held on November I6, 2005, the parties waived the <br /> statutory requirement that the hearing begin within 21 days from receipt of the request for <br /> hearing. Accordingly, the hearing was continued from November 23, 2405 to December 1, <br /> 2005. <br /> On December 1, 2005, the hearing was convened by the undersigned Hearings <br /> Officer. Petitioner was represented by its authorized representative Brian Duffy and <br /> Respondent was represented by Craig T. Masuda., Esq. At the conclusion of the hearing, Mr. <br /> Masuda agreed to provide the Hearings Officer with a copy of the Agreement that was <br />