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Land Use Commission have a contested case proceeding, okay, contested case hearing. At that <br />level should the Land Use Commission decide to have that, then their procedures would be <br />triggered with respect to that process. And so the whole point of contested case proceedings is to <br />provide a due process and opportunity for persons to present their evidence, retain counsel if <br />necessary, or proceed pro se. But at that level there’d be even more objectivity according to their <br />special permit because persons could then present their evidence, present their experts. Persons <br />who are opposed to this, this special permit, can then present their experts also. So that’s, that’s <br />the opportunity for further review, a more objective review, so to speak, because there are due <br />process considerations that are afforded there. <br /> <br />ONO: So just for my purpose of clarification here -. <br /> <br />MORRIS: Yeah, I don’t think this Commission has the opportunity to hold contested case <br />hearings on this particular application. That’s, I could be mis -. I mean that’s my understanding. <br /> <br />AU: Yeah, Ivan? <br /> <br />TORIGOE: Thank you, Mr. Chair. Yeah, generally speaking on this kind of special permit <br />where it’s over 15 acres, as the Deputy AG was saying, your job here is basically to, you have <br />two options. You can either decide to basically kill it here, and then the charter school with the <br />Deputy AG’s help has the option of filing an appeal to Circuit Court. So if you try to, if you vote <br />to deny the application here, then they can appeal that to court immediately. Okay? If you vote <br />to support it and send a positive recommendation, then it goes up to the Land Use Commission, <br />and there a contested case hearing can be held. And just as this morning you gave standing to <br />the National Park Service to have a formal contested case hearing, at the LUC similar thing can <br />happen where if, you know, some of the members of the community want to come in and apply <br />for standing in a contested case, they could do that there; and they could end up having a trial- <br />like formal contested case at the LUC. So that’s basically how it works. <br /> <br />AU: Thank you. <br /> <br />ONO: So you were saying the Land Use Commission can, not necessarily will, have a case? I <br />mean should the opposition, I’ve got to use that term, I guess, say they want to contest the <br />decision of this Commission, can they -? <br /> <br />TORIGOE: Yeah. You know, and they have to make that decision within the same kind of legal <br />boundaries as you do. That is if some of the surrounding landowners come in and they can show <br />that they have a particular interest that’s different from that of the general public and they’ll <br />likely be damaged, you know, if this school goes in if the permit is granted, then they probably <br />would be able to get a formal contested case going up there. And if they’re denied that and they <br />think they should have had it, then they can appeal that too. So, you know, there are all these <br />legal protections. As the deputy AG was saying there’s due process protections for those who <br />are concerned about the project, as well as for the applicant. So if the applicant, and even if there <br />isn’t a formal contested case, then if the applicant is turned down at the LUC, then they might <br />have an opportunity to appeal that as well. <br /> 12 ATTACHMENT C <br /> <br /> <br />