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<br />DARROW: If I could address that, Mr. Chairman?
<br />
<br />GONZALES: Sure.
<br />
<br />DARROW: The letters that he’s referring to were made part of the Background, so they were
<br />submitted, and the Commission does have it.
<br />
<br />GONZALES: Very good. Counsel.
<br />
<br />BRILHANTE: I don’t, um, again, William Brilhante, right before we have this dialog in
<br />consideration, why don’t I place my objection on the record, and then we can make a
<br />determination regarding my objection.
<br />
<br />GONZALES: Very good.
<br />
<br />BRILHANTE: So, the County of Hawai‘i, the County of Hawai‘i Planning Department, hereby
<br />objects to Mr. Inaba’s request to intervene pursuant to Rule 4-6a. Motions to intervene or
<br />requests to intervene should be provided seven days prior to the setting of this hearing, and in
<br />this case, the record will reflect that the request to intervene wasn’t filed, was filed, only six days
<br />prior to so, therefore, the County puts its objection on the record that Mr. Inaba’s motion to
<br />intervene shall be denied. And that being said, I’ve known in the past, you know, our objections
<br />again, are to protect the record in case this matter goes up to appeal and, therefore, I’m placing it
<br />on the record.
<br />
<br />GONZALES: Thank you. Well, you know, they’d like to me to ask you if you have a response,
<br />but you kind of already told us you know it’s late and accepted responsibility for that. Is there
<br />anything else you’d like to say in response to Mr. Brilhante’s?
<br />
<br />INABA: Nothing that I really can say.
<br />
<br />GONZALES: All right. I’m not sure but I think maybe I’m going to direct you, to, is there a
<br />precedence here? Are these things sometimes allowed when they’re late, never allowed when
<br />they’re late, always allowed when they’re late?
<br />
<br />DARROW: Unfortunately, I’m not, yeah, I’m not really sure about any precedence that, I just,
<br />the authority for granting standing comes from the Commission, so—
<br />
<br />GONZALES: Ok, well it’s yeah, it’s clearly, Mr. Brilhante’s stated Rule 4-6a. It is late. How
<br />do I proceed, Daryn? Do we need a motion—
<br />
<br />ARAI: Yes, you will need a motion to either grant or deny standing, and you need to specify
<br />exactly why standing is not being granted or being granted, one way or the other. Just for the
<br />record, we should note that there has been precedent where someone has filed a request for
<br />intervention late, and the Commission did grant standing based on circumstances, and I believe
<br />that was like Jeff Gomes, if I remember correctly with the Connections case. And, oh right, well
<br />anyway. But so there has been precedence. I just wanted to make that clear.
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<br />EXHIBIT B
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