2006-11-22_Answering_Brief_re_Calvert

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findings of fact shall be served on each party to the proceeding. The party then has fifteen (15) days from service to submit written comments or objections to the Board. The Board is then required to render a written decision and order which shall include separate FOF and COL. This is consistent with the requirements of HRS Chapter 91 governing administrative proceedings. In this case, the record shows that the proposed decision and order was served on Appellant and that Appellant made no objections to the decision and order. By letter dated March 14, 2006, the Board notified Appellant and Appellee Marlene E. Calvert ("Calvert")that it would be considering the proposed FOF, COL and Decision and Order and that Appellant would have fifteen(15) days from service to submit written comments or objections to the Board. Record on Appeal ("ROA") 00453. Service of the proposed order was made via facsimile and mail on April 21, 2006. ROA 00473-00474. The records show no filing of written comments or objections as required by the Board's Rules of Practice and Procedure. The minutes of the meeting of May 12, 2006, held by the Board to consider adoption of said FOF, COL and Decision and Order show that"Deputy Corporation Counsel Amy Self,representing the Planning Department said that the County had no comments or objections to the proposed Findings of Fact, Conclusions of Law." Counsel for Calvert asked that the Board adopt the proposed FOF, COL and Decision and Order as the County had no objections to them. The Board then adopted the proposed FOF, COL and Decision and Order. ROA 00492. The failure to follow the Board's Rules of Practice and Procedure requiring that written objections be filed should preclude Appellant from making these objections now. In fairness to the Board and parties, objections should be made known at the time the matter is under consideration so that the Board has an opportunity to consider the issue raised before it adopts 7