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<br />someone can clarify that, or maybe two people clarify that. But please state your name and <br />where you reside first. <br /> <br />MORRIS: Monica Morris, Deputy Attorney General, Department of the State Attorney General. <br />I reside in Honolulu, Hawai‘i. I’m here to represent Connections Public Charter School. <br /> <br />HONG: Good Morning, Mr. Chairman and Members of the Planning Commission. My name is <br />Ted Hong. I reside in Hilo. I represent CBESS; and with me this morning to my left is Joyce <br />Derbyshire who is the president. <br /> <br />DERBYSHIRE: Joan. <br /> <br />HONG: Joan. I’m sorry, Joan Derbyshire who is the president of CBESS. <br /> <br />DERBYSHIRE: Joan Derbyshire, president of Community Based Educational Support Services <br />which is a 501(c)(3) nonprofit. I live at 27 Elm Drive in Hilo. <br /> <br />THATCHER: You want us to keep going? <br /> <br />AU: Yeah, I’ll just go ahead and -. Just to get it on record, everybody. <br /> <br />THATCHER: Okay. John Thatcher, I’m the principal of Connections Public Charter School. I <br />live in Kaūmana. <br /> <br />S. LEE LOY: Aloha, Chairman and Commissioners. My name is Sue Lee Loy. I live in <br />Pana‘ewa. I’m currently doing work for both CBESS and Connections as it relates to land use <br />requirements through the special permit, special permit process. <br /> <br />AU: Okay. Does any Commissioners have any questions regarding who represents who at this <br />point? Okay, well, you guys have the floor. You can go ahead, Monica. <br /> <br />MORRIS: Thank you. I’m going to start. Thank you, Chair. Thank you, Members of the <br />Commission. I’d like to set out a couple of things; and I thank you for your patience and <br />forbearance. At the outset what I’d like to state for the record is that if the Planning Commission <br />is inclined to deny the special permit application, the applicant hereby requests, and is entitled to, <br />a contested case pursuant to Rule 4-1, and Hawai‘i Revised Statutes Section 205-6. Now with <br />respect to the Commission’s rules on contested case, Rule 4-1 says that, the final sentence says, <br />with respect to this contested case procedure, “It shall therefore be followed in all cases where <br />State statutes provide for direct appeal from the Commission to the Circuit Court.” Now there is <br />such a statute that provides for direct appeal to the Circuit Court. That is found in Hawai‘i <br />Revised Statutes Section 205-6 which speaks to, specifically to special permits. In particular <br />subsection (e), says this, “A denial either by the county planning commission or by the land use <br />commission, or modification by the land use commission, as the case may be, of the desired use <br />shall be appealable to the circuit court of the circuit in which the land is situated and shall be <br />made pursuant to the Hawai‘i rules of civil procedure.” So this statute triggers the contested case <br />process. <br /> <br />4 <br /> <br /> <br />