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forward with the contested case hearing. If the Commission decides to hear the case themselves <br />or if you hire a hearings officer, either way, what we would do is the Planning Department staff <br />would work with both of the parties to schedule a pre -hearing conference. And, it's likely that <br />that would be scheduled within the next month. <br />CLARKSON: Thank you. The agenda suggests three possibilities for the hearing officer. At <br />this time, I would like to ask Malia to summarize the options for us as a Commission. <br />HALL: Okay. Yeah, basically, you have three options that haveI think most of them have <br />been used in the past. One is to pass the contested case over to an actual hearings officer which <br />would be selected through—is it personal services? Personal services list through the County. <br />And, then the second would be that the Commission hear the case as a whole. Sort of as like the <br />Board of Appeals does. You would all sit—there would still be one chair that would do most of <br />the talking, and you guys would hear the case as a whole Commission. And, the last one is to <br />just designate a Commissioner whether it be the Chair or any other Commissioner to be the <br />hearings officer, to be the presiding officer, and to hear the contested case and then report back <br />to the Commission before the next hearing. <br />CLARKSON: Okay, is there any discussion on the preferences of the Commission as to which <br />of these three options to choose? I'm new to the Commission. I've never been through a <br />contested case selection process or through a contested case hearing as some of our <br />Commissioner have had in the past, so I would look to them to make suggestions. <br />IKEDA: Can I ask Malia a question? <br />HALL: Go ahead. <br />IKEDA: The last time we had a contested case hearing, we selected a chairman or—and also a <br />member a committee of no more than three because we couldn't have a quorum. Is that the <br />way it works if we went with Option 2? <br />HALL: I think—you can do it either way actually. From what I read in the Statutes, HRS <br />Statutes, it doesn't prohibit you guys from hearing it as a whole if you, as a contested case <br />hearing. It might be easier, let's just say, if you did have a limited amount of people to hear the <br />case. But, in the end you guys, before you guys, any of you can make a decision. You have to <br />look through all the evidence presented, so you would still have to do it. So, whether you guys <br />want to just do that all up front and be sitting there and hearing all the witnesses and testimony <br />come in as it comes in or whether you want to read through transcripts, that's, that's up to you <br />guys. But, yeah, either way. That could also be an option. If you guys wanted to just select <br />three people, you could do that as well or just one or hear it as a whole. <br />JACKSON: Chair Clarkson? Mr. Henkel, Commissioner Henkel couldn't be here today, but he <br />did email staff last week and expressed that he was interested in hearing the contested case. So, I <br />don't know if he just volunteered himself to be presiding officer? Just wanted to add that he was <br />interested in that. <br />EXHIBIT B <br />4 <br />