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Mr. Adams: Even our opinions require somebody else to… <br /> <br />Ms. Schoen: One thing that is not contained in your rules is that the Hawai‘i <br />County Council passed an ordinance to allow this Board to impose <br />fines. As written, it requires this Board to adopt rules in order to <br />issue the fines. We have not done that and this happened three or <br />four years ago. We haven’t done that because the practical <br />application of that rule is very difficult. The Board would have to <br />follow, before it issues a fine, it would have to give notice to the <br />person that they’re going to issue a fine so that they can contest it. <br /> <br />Mr. Adams: It’s a rule. <br /> <br />Ms. Schoen: You have to set out a procedure and the second thing is, the <br />ordinance also requires that there be an appeal procedure. In other <br />words, a place where appeals can go to. <br /> <br />Mr. Adams: That’s different than the rest of the entire Charter, because in the <br />Charter, we are an agency and all of the things that come to us are <br />here. There is no, from my understanding and what I’m looking at <br />here, nobody gets to anywhere else from here. There is no going <br />into the judicial area. Normally a final administrative agency <br />decision, a final decision you can take that and then you can go to <br />Circuit Court. When I read this, I’d have to go take, where I saw <br />it, but what I remember from reading this is that’s not available to <br />the decisions of this Board. <br /> <br />Ms. Schoen: I would say that if the Board holds a formal hearing pursuant to <br />Hawai‘i Revised Statutes §91 and follows that procedure, then the <br />decision made after the formal hearing can be appealed. <br /> <br />Mr. Adams: The rules for the fines would be able to follow that too because the <br />procedures would be similar, I would think, to the formal hearing <br />rules or procedures. <br /> <br />Ms. Schoen: Yes. I can talk to you more about that and give you a background <br />of the turmoil of implementing that. <br /> <br />Mr. Adams: That then gives you some teeth that don’t currently exist, in a <br />direct way. I mean we step in appointing authorities right now. <br /> <br />Mr. Henricks: The reason I ask that question, is because I think when we got <br />involved in that election thing last year or year before that, and <br />somebody said that we should continue the investigation of <br />Dominic Yagong, I went like how? Who are we going to bring in? <br />Where do we go with this thing? For us to make people out there <br />8 <br /> <br /> <br />