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<br />AU: Okay, Mr. Hong, if we were, if this Commission, this body, was to grant standing to
<br />Mr. Gomes, how will it affect -? Or maybe I should be asking Ms. Fukushima, how will it affect
<br />your stance on that? Because, you know, we want to err on the side of caution. And, you know,
<br />since we’re giving a break to somebody else, and this is the same special permit that we’re going
<br />into, how do you feel about Well, I mean, Connections, you represent Connections, no, you
<br />represent CBESS. Yeah, I’m just a little confused here on who’s -.
<br />TORIGOE: Mr. Chair, I think we need a discussion with the AG and Ms. Fukushima. It seemed
<br />like Ms. Fukushima’s petition was filed in an abundance of caution to make sure that, you know,
<br />both CBESS and the School were represented as parties. And since they both are, then they felt
<br />like it was okay for her not to get standing here. It’s a little different. So, you know, I think if
<br />you guys, you know, if it’s expressions of the need to be flexible and equitable in this kind of
<br />situation then, so you may want to consider that. If you need another executive session, we can
<br />do that too.
<br />AU: Commissioner Moses?
<br />MOSES: Yeah, Chair Au. Is it possible to have somebody explain for the benefit of Mr. Gomes
<br />what a contested case is, and what the procedures are, and what happens in a contested case?
<br />And is that possible – so that he has understanding of exactly what happens and what occurs?
<br />AU: Okay. Yeah, we have a room full of attorneys so if one of you can take it?
<br />TORIGOE: Let me just, real quick.
<br />AU: Okay, thank you, Mr. Torigoe.
<br />TORIGOE: Mr. Gomes, I assume that you have, you said that you talked to Mr. Fuke already;
<br />and Mr. Fuke is pretty well informed about this process. But real generally you understand that
<br />in a formal contested case then this can be as informal as the parties agree or it can be fairly trial
<br />like. And it allows for things like the parties calling witnesses, and asking any questions, just
<br />like in court to testify. And it allows us, for the other parties to cross-examine the witnesses, ask
<br />them questions, to test what they’re saying and their credibility. It also allows for the parties to
<br />ask for subpoena of other witnesses, or other witnesses, if necessary, and things of that nature.
<br />And so it allows for development of a relatively full, almost trial like record if that’s what the
<br />parties want to do. So, just so you understand that that’s the kind thing that a contested case is
<br />likely to entail with all these attorneys involved. And probably the main reason why people also
<br />request standing is so that they will have the right to pursue appeal to court, if necessary, from
<br />the final decision. So I guess the Chair, or Commissioner Moses just, I think, wanted to make
<br />sure you understood the kinds of demands that would be put upon you if you were a party to the
<br />contested case, and that often times people will have an attorney to help them with that kind of
<br />thing.
<br />AU: Thank you. Mr. Arai, where are we with a contested case, possibly having two, three, four
<br />contested cases with this applicant? I mean do we have enough money in our funds? Where are
<br />we? It’s all going to be one contested case?
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