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DARROW: Commissioner Ikeda? <br /> <br />IKEDA: Aye. <br /> <br />DARROW: And Mr. Chairman. <br /> <br />HENKEL: Aye. <br /> <br />DARROW: The motion passes four to zero. <br /> <br />PATEL: Okay, so with all of that done, as Mr. Yeh raised earlier, you know, it probably <br />wouldn’t be best to have oral arguments today, and I would advise against it, in fact. So, unless <br />there’s any other issues the parties wish to address, we should probably have a motion to <br />th <br />continue this hearing to February 4, which is the next regularly scheduled meeting of the <br />Windward Planning Commission. <br /> <br />VITOUSEK: Yeah, Mr. Chairman, I just had a question. I—is the, is the site visit being <br />conducted by the Hearings Officers or by the Commission? <br /> <br />PATEL: The full Commission. <br /> <br />VITOUSEK: Okay, thank you. <br /> <br />PATEL: Right, so we’ll need, you know, the usual quorum and all of that. <br /> <br />VITOUSEK: And, also I mean while I’m not clear how it works, but I think the rules require <br />that if this is, if this is considered evidence that’s being added to the record of a contested case <br />hearing, then don’t all Commissioners have to participate if they’re going to make a decision on <br />that? <br /> <br />PATEL: No, not all Commissioners, because as long as we have quorum. <br /> <br />VITOUSEK: Okay, and then how, how will we come to an understanding as to the conditions of <br />the site visit because the problem with site visits is, you know, if some things are gonna be on the <br />record, then any presentations or discussions that occur in a site visit should also be on the <br />record, and we should be careful to observe the ex parte contact rules during the site visit. In <br />other words, the Commission should be—it should be conducted in a way that any <br />communication that takes place or any explanations that take place should be kept as a record if <br />this is actually added to the record or the decision, and that we shouldn’t have like sidebar <br />conversations where one attorney or one party takes one Commissioner and talks to them. I <br />mean, I’m not trying to, I’m not trying to suggest anything. I’m just saying that because it’s part <br />of the record of a contested case hearing, it has to be conducted in a way that is controlled and <br />where all, all communication that takes place at the site visit is recorded in the record. <br /> <br /> <br />15 <br />EXHIBIT C <br /> <br /> <br />