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whether or not that's an appellate process meaning that in another <br /> board or commission at the County level or some process that <br /> allows for the appealing of a final agency decision that would then <br /> go to potential a circuit court. Neither of those options currently <br /> exist in statute and so...at least according to the work that the <br /> corporation counsel did in 2009 in preparation of this letter from <br /> the Mayor's office...that's probably some...there's some <br /> legislative fix that would need to be made before we actually were <br /> able to see that particular ordinance go into effect. So as we move <br /> forward with this...that's something for us to take into <br /> consideration and be concerned about. A second piece of that also <br /> is the idea that as we develop our rules of practice and procedures <br /> we'll need to make sure that our formal hearing rules are...in this <br /> case because we will then have the ability to sanction that they will <br /> provide a level of due process that is appropriate for the ability to <br /> sanction. Not sure that currently exists....not particularly our rules <br /> of evidence or lack of rules of evidence as it turns out...so as we <br /> move forward...we'll need to...part of the idea is to make sure that <br /> the draft rules that will come forward for the board's consideration <br /> will include a little bit more stringency I think in the formal <br /> hearing process since that's where any sanctions if they were going <br /> to be levied would come from..questions on that? <br /> Ms. Kahakalau: Mr. Goodenow? <br /> Mr. Goodenow: Thank you Madame Chair. So Mr. Adams...I kind of heard <br /> correctly because of this need for an appellate process...they'll <br /> have to be some legislative action on the part of the Council before <br /> we could...even if we wanted to implement these you know higher <br /> due process procedures and all that...we still would have to come <br /> back to the Council taking some sort of action? <br /> Mr. Adams: I think we'd have to go back to the State legislature. <br /> Mr. Goodenow: State legislature. <br /> Mr. Adams: These are HRS provisions. <br /> Mr. Goodenow: So in reality...it's...I mean the...while the Council has expressed <br /> its legislative intent that we should be able to fine...they really <br /> have not made it possible? <br /> Mr. Adams: It's actually.... <br /> Mr. Goodenow: They couldn't make it possible because of the State law. <br /> 10 <br />