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2013-01-10 Windward Transcript Paradise
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2013-01-10 Windward Transcript Paradise
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<br />AU: That would be a staff question or counsel question. <br /> <br />(At this time, the Chair has an off the record discussion with Mr. Torigoe). <br /> <br />AU: Okay, Fellow Commissioners, what we have here is we have a lot of issues to deal with. The <br />Planning Department has to see if there’s a timeframe if we do decide to take it upon ourselves. There <br />is a timefame. We have future applications. <br /> <br />TORIGOE: May I address something? <br /> <br />AU: Yes, yes, please. Thank you. <br /> <br />TORIGOE: Mr. Chairman, just very briefly, the decision on whether you are going to hear the <br />contested case yourself or whether you farm it out to a hearings officer, as the Chairman was saying, <br />depends on the number of practical considerations. It’s an option for you, you can do that in <br />discretion. Basically if it’s a fairly simple kind of a case and you feel like you can handle it on your <br />regular agenda, then in some ways it’s very efficient to do that. Then you don’t have the extra <br />complication of hiring a hearings officer to then make a report to you, come back report to you, and <br />then you have to pick it up and read all the hearings officer’s records. So if it’s a fairly simple case <br />and you feel you can deal with it, you know, straight up on your own agenda, then that can be very <br />efficient. But if you feel like the case is, you know, had some complexities, is going to take more time <br />than is really practical to deal with on your agenda, if you feel like, and the staff has informed you that <br />you have a fairly heavy calendar coming up and it’ll not be all that practical for you to hear this, you <br />know, all of the evidence on your own, then it may be a good idea to farm it out to a hearings officer. <br />Also, kind of depends upon how much money is available in the Planning Department account. <br /> <br />AU: Okay. Yes, staff, if you could please address the money issue as well as time. <br /> <br />ARAI: We do have monies available for a contested case hearing. It is budgeted. However, we have <br />basically monies available to hire a hearings officer. I don’t think we need to go into a, normally a <br />hearings officer in the past has formed relatively-. I guess, straight forward issue, it could be in the <br />neighborhood of $20,000. That’s kind of like the benchmark that we use. And we do have that <br />amount available should you decide to hire a hearings officer. <br /> <br />AU: Okay. And as far as a time, how is our future agendas in the next three or four months? Pretty <br />heavy? <br /> <br />ARAI: Roughly about 4 to 5 items. It really depends. But we’re looking at about 4 or 5 items for the <br />next two Windward meetings. So, you know, it could be accommodated. Again, it depends on the <br />issues that have been put forth by the National Park, which are quite a few issues; and, you know, how <br />those specific issues are going to be argued and addressed. <br /> <br />LEITHEAD TODD: My recommendation -. <br /> <br />AU: Okay, go ahead, BJ. <br /> 10 <br /> EXHIBIT A <br /> <br /> <br />
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