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<br />Rule 4-6 also states in relevant part that if a timely request is file, standing shall be granted if the <br />following criteria can be met: his or her interest is clearly distinguishable from that of the <br />general public or government agencies whose jurisdiction includes the land involved in the <br />subject request or that they have some property interest in the land or lawfully reside on the land <br />or that even though they do not have an interest different from the public generally, that the <br />proposed action will cause them actual or threatened injury, in fact, or persons who are <br />descendants of Native Hawaiians who inhabited the Hawaiian Islands prior to 1778 who <br />practiced those rights which were customarily and traditionally exercised for subsistence, <br />cultural, or religious purposes. <br /> <br />Could we have Susann Tita or her representative come forward? Could you please raise your <br />right hands? Do you swear or affirm to tell the truth on this matter now before the Hawai‛i <br />County Planning Commission? <br /> <br />TITA: Yes. <br /> <br />MIYASATO: Could you please state your name and residence. <br /> <br />TITA: Susann Tita— <br /> <br />MIYASATO: Oh, use the mic, please. <br /> <br />TITA: Susann Tita, Road 10, Hawaiian Acres. <br /> <br />KAWAUCHI: Jamae Kawauchi, attorney for Intervenor Susann Tita, Kamuela, Hawai‛i. <br /> <br />MIYASATO: Okay— <br /> <br />KAWAUCHI: --are you also planning to have a representative from the Association appear <br />also? I understand Mr. Lehnert is here today from the Association. <br /> <br />MIYASATO: We are, we would like to--we would like to cover the matter of the contested <br />case, standing, so-- <br /> <br />KAWAUCHI: Prior to the issue being address, Chairman, and thank you also, long day <br />Chairman Miyasato and Members of the Commission, as we, I wanted to just bring your <br />attention to the Petition that was circulated to the Commission for a complaint against <br />Commissioner Henkel filed by Ms. Tita. I think copies of same were distributed to the members, <br />so I would like to ask whether or not Commissioner Henkel is going to recuse himself from the <br />proceedings today in light of the pending complaint against him. I’m not informed that that <br />matter has been fully resolved by the Board of Ethics yet. <br /> <br />HENKEL: I’m not going to recuse myself. <br /> <br />2 <br />EXHIBIT H <br /> <br /> <br />