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MOSES: Yes, Chair. It is distinguishable due to his proximity regarding the health concern as far as <br />emissions and aesthetic, more so the aesthetic. <br /> <br />KERN: Okay. So we have a motion and it has been seconded, and we had a little discussion. Any <br />other discussion? Seeing none, Jeff. <br /> <br />DARROW: Thank you, Mr. Chairman. The motion before us is to grant standing for a contested case <br />to Jay Fischer. With that I’ll take the motion. Commissioner Moses? <br /> <br />MOSES: Aye. <br /> <br />DARROW: Commissioner Au? <br /> <br />AU: Aye. <br /> <br />DARROW: Commissioner Ishibashi? <br /> <br />ISHIBASHI: Aye. <br /> <br />DARROW: And Mr. Chairman? <br /> <br />KERN: Aye. <br /> <br />DARROW: The motion passes four to zero. <br /> <br />MECKLENBURG: So per the rules, for the Commission’s benefit, after establishing the parties to the <br />proceeding, now the Commission may either proceed with the hearing today or continue the matter to a <br />more appropriate time and date. And, Mr. Chair, if you’d like to at this time, you can set the dates for <br />the contested case, what is now a contested case hearing. <br /> <br />KERN: So, Mr. Fischer, you’ve been granted standing for your contested case. I don’t think that <br />we’re ready to do that today. So what we’d like to do, if it pleases the Commission, I’d like to move <br />th <br />the hearing date to, not move it, but make the hearing date Thursday, October 6, and we’ve got some <br />other deadlines in there. So Wednesday -. Okay, the chairperson of the Commission, one of its <br />members, or a hearing officer duly appointed and designated, shall preside at the hearing. These are <br />potential dates that we’ve got to make a decision on as a Commission, and we also have to make a <br />decision on whether we’re going to hear the case or whether we’re going to put it out to a hearings <br />officer. <br /> <br />MECKLENBURG: You might want to decide that first. <br /> <br />KERN: So let’s decide that first -- thank you, Julie -- whether we’re going to hear the case or a <br />hearings officer. <br /> <br />MECKLENBURG: For the benefit of our new member, the rules provide that you can appoint a <br />hearings officer to hear the case or the Commission can hear it yourselves. You can also appoint any <br />other person as the hearings officer. Commissioner Au. <br /> <br />AU: Do we need a motion, do we need discussion -? <br /> <br />KERN: Yeah, a motion on whether to hear it ourselves or to get an outside hearings officer; and then <br />that will be seconded. <br /> <br />20 <br /> EXHIBIT B <br /> <br /> <br />