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necessarily to take into account those changes that we know are <br /> occur unless we knew that we're not going to vote them until after <br /> the first of July. I mean we could do that, but we necessarily be <br /> able to consider them as a Board or for the public to be able to <br /> speak to them until after that as well I think. To be consistent. <br /> Counsel? <br /> Mr. Yoshimoto: Given the time frame it would take to review draft rules, discuss it, <br /> have a public hearing and a publication on it. Usually it takes <br /> about three months so you if we get something on the agenda even <br /> as early as March. We'll probably be right up close to July <br /> anyways. I think we should factor in the laws that are gonna be in <br /> effect July 1 already because I'm thinking we'll be really close. <br /> Mr. Adams: So there's nothing wrong in your mind with us developing Rules <br /> of Practice and Procedure that would be discussed because they <br /> would be reflecting laws that are not necessarily in affect now, but <br /> will be in effect so it's still be okay to have those public <br /> discussions? <br /> Mr. Yoshimoto: I believe so. Just because the process of how long it takes to get <br /> public comment. <br /> Mr. Adams: I agree, I go back to my history with the federal side. Agencies <br /> don't send out notices or any of that stuff until they actually have <br /> the laws done. You know in place. But we're a small little County <br /> so. <br /> Mr. Yoshimoto: And there is another facet to the penalty provision that I need to do <br /> some research on cause basically my preliminary research <br /> indicates that if we were to impose a fine, then we legally would <br /> have to have some type of body that they can appeal to from this <br /> body should they dispute that... for example something to the <br /> Planning Commission does you can appeal to the Board of <br /> Appeals. <br /> Mr. Adams: I thought the appellant in this case was not going to be within the <br /> County but it would be the judiciary. <br /> Mr. Yoshimoto: They do have Chapter 91 —Appellant rights per HRS, but I'm just <br /> thinking legally that... <br /> Mr. Adams: There needs to be... <br /> Mr. Yoshimoto: Due process concerns. That's my initial and preliminary thought. <br /> 22 <br />