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GONZALES: Sure, actually, if I could get a motion just to close the public testimony part, and <br />we’ll take a—take a break. <br /> <br />MOSES: I make a motion to close the public testimony part. <br /> <br />ISHIBASHI: Second. <br /> <br />GONZALES: All in favor? <br /> <br />COMMISSIONERS: Aye. <br /> <br />GONZALES: Are there any objections? Okay, bathroom break. Five minutes. <br /> <br />Chairman Gonzales called a recess at 11:26 a.m., and the meeting was reconvened at 11:34 a.m. <br /> <br />GONZALES: Okay, at this time, we’re going to allow oral arguments. Do any of my fellow <br />Commissioners, would anybody object to that? Is that okay? Are we going to let them come up <br />and have their time? <br /> <br />ISHIBASHI: So moved. <br /> <br />GONZALES: Okay, I talked to both parties. They both said ten minutes should be more than <br />enough, so we’re gonna have Mr. Hong come on up, followed by I believe Mr. Fuke’s going to <br />represent Mr. Gomes. Then, probably Mr. Hong one more time. <br /> <br />HONG: Good morning, Mr. Chairman, and Members of the Windward Planning Commission. <br />My name is Ted Hong, representing CBESS, and I’ll be giving a brief oral argument this <br />morning. <br /> <br />First, two procedural matters. One is the notice of the hearing today sent out by the Planning <br />Department. I submit that the notice is insufficient pursuant to rules. Second, yesterday <br />morning, in Civil No. 14-1-0082, Nishi vs. Board of Education, Judge Edwin Nacino in the First <br />Circuit Court ruled that under Chapter 91, even though that there is a hearings officer who <br />submits findings and recommendations to a full board, the full board still has to fall under <br />Chapter 91 for contested case procedures, specifically Chapter—Section 91-9 regarding notice. <br />Additionally, Judge Nacino ruled that the full board has to take evidence, witnesses, cross <br />examination, the whole nine yards, with respect to a contested case hearing. Naturally, I <br />disagreed with him but that’s basically the ruling that’s going to apply. We had cautioned the <br />judge about ruling that way because that would now apply to all State boards and County <br />commissions, and it would be duplicative in terms of not only do you have a hearings officer <br />conducting a hearing, now the full board is actually having to conduct a hearing, and we thought <br />that was an overreach, but that’s the way the law is going to come down, and I submit for the <br />record, when this goes up, that we’ve received insufficient notice under 91-9 of the Hawai‘i <br />Revised Statutes. And my understanding is you’re only taking oral argument, and you’re not <br />going to allow us to call witnesses, present evidence, cross examine. Is that correct, Mr. <br />Chairman? <br />13 <br />EXHIBIT F <br /> <br /> <br />