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CLARKSON: Okay. Five-minute recess, please, at the request of the Corp. Counsel. <br />Chair Clarkson called a recess at 11:16 a.m., and the meeting was reconvened at 11:21 a.m. <br />CLARKSON: Okay, at this time, the meeting is back in session, and Deputy Corporation <br />Counsel, Malia Ho Hall, will explain the rules regarding application for contested case hearing. <br />HALL: Yeah, sorry, it took me a minute to find the rule, but in the Planning Commission Rules <br />under contested case Rule 4-6(a) on the pre -hearing procedures, it basically states, "Any other <br />person seeking to intervene as a party shall file a written request on a form approved by the <br />Planning Director and accompanied by a filing fee of $200 no later than seven calendar days, <br />prior to the first meeting on the matter." They also, the Commission gives the discretion to <br />people who attend that first meeting if they want to join at that point so that they're allowed to <br />hear the information. As to Norine Fitzgerald dropping out, the Commission at that point, it's <br />between the parties. It would have been her kuleana to say, to have informed you that she was <br />dropping out. It would not be the Commission because it's kind of a private matter. It's her <br />decision. We don't put out notice on her decision. So, I apologize. I hear you guys, but at this <br />time, the deadline has passed for filing a contested case on this matter. <br />CLARKSON: Okay, if there's no more further public testimony <br />SCHISZLER (from audience): [inaudible] I have a question for her statement. I mean <br />[inaudible]. <br />CLARKSON: Well <br />SCHISZLER (from audience): I thought I was going to be allowed to address that. <br />CLARKSON: I'm sorry, no. <br />SCHISZLER (from audience): I cannot? <br />CLARKSON: No. <br />SCHISZLER (from audience): So I can't—how do I get answers now to this situation? Where <br />do I go <br />CLARKSON: I would suggest that you go into the Planning Department and talk to them <br />about the procedures for any future contested case hearings you might want to participate in, but <br />a review of your options wasa review of the procedures was made. It's pretty clear from what <br />the Corporation Counsel has said that there is no prospect of a contested case hearing at this <br />time. And, so, I wouldn't want to just go into a discussion of why that is any more than we've <br />already have. <br />EXHIBIT D <br />11 <br />