2017-04-06 Hearing Transcript - PC Rule Amendments (Public Comments Only)

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JACKSON: The hearing officer. HO: Yeah, I mean, historically, they have people go to observe them if they want to. They're not barred from seeing it. It's just like the Board of Appeals. Everybody—you can sit in if you'd like to, but you don't participate. HENKEL: So, there isn't any barring of—it's a public hearing, right? Even though it's a contested case hearing. Only the contested case applicants can take part but anybody can be allowed to see what's going on. JACKSON: That's correct. HENKEL: Okay, thank you. JACKSON: So, I think, Malia, if Greg, I think what he's saying is, is there a way that they can just add that it not be up to the discretion of the hearing officer but that we can actually put some statement in there that says the contested case can be observable by the public? HO: I think I misspoke earlier. I mean, it is up to the discretion of the parties. They have, both can decide on many different matters when it comes to a contested case, but I would say that because historically people have been allowed, I think that the majority of the time, they will still be allowed. I don't think you need to specify that because it's already JACKSON: So, you think it's kind of a non -issue that's just understood? HO: Yeah. HENKEL: Okay. CLARKSON: And, all of the timelines have been made conditional as to contested case procedures? So, in other words, if there's a 60 -day time limit for approval, and all of a sudden a contested case hearing comes up, that, it's crystal clear that that time period has been delayed until after the contested case is heard? JACKSON: I don't know that it specifically states that in the rule, but I think that it's again implied because if you grant standing, it's implied that you go into the contested case procedure. And, then, Malia maybe you can clarify that, too, because the timeline that we added was the Commission makes a decision within 60 days of close of public hearing. So, when they come back with the hearings officer's recommendation, would they just close the hearing after receiving that and then they have 60 days to make the decision? HO: Yeah, it's after the, basically when they get the Findings of Fact and Conclusions of Law from the hearings officer. So, you have your initial hearing, then the contested case, then there's another hearing before the matter is closed. So, you guys wouldn't actually close the matter until that last one, and that's when the 60 -day clock starts. EXHIBIT C 10