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11-13-18 Regular Session Minutes
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11-13-18 Regular Session Minutes
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Mr. Goodenow: <br />Ms. Kahakalau: <br />the meeting. We also state at the initial review the board will <br />determine how it will proceed and whether any further hearings are <br />necessary. The board may render decision based on the <br />information it receives at the initial review or it may request <br />additional information and schedule informal or formal hearing a <br />future date. And we provide them with the rules. Along those <br />lines though...if you want to change the procedure...as far as how <br />the board handles these petitions. What I'm basically saying is <br />maybe the initial hearing then should be just like a pre -hearing <br />right. What do you need? Do you need to subpoena any <br />witnesses, blah, blah, blah right? If that's the case then that's fine <br />but we should spell that out as an expectation of that's what we're <br />going to do cause right now what we've done as far as a practice is <br />concerned is that if the board has enough information at the initial <br />review we go ahead and have the hearing and we get it resolved <br />that day right? <br />Well right and that's correct. And I think that would still continue <br />under these rules. You're not entitled to a subpoena for the <br />informal advisory opinion. That's when we say...hey come talk <br />and then you know and they say well we need these documents. <br />Okay well continue the informal hearing...we're going to ask the <br />department. But the minute...and if we say well no you're not <br />entitled to those documents its irrelevant or whatever. Well then <br />they can say I want a contested hearing right. And they can go <br />subpoena them and we'll go through this process. I think we could <br />do the same thing the first hearing could still be like informal <br />hearing right. If they say we need more people will we continue <br />it...I think the language is already in our latter that's... The only <br />thing about subpoenas though I think should put in language for <br />the contested hearing section that it needs to be timely. You can't <br />come in 48 hours before the date of the hearing and say I want <br />subpoenas for these 5 people and we gotta issue them and have the <br />chair sign them or something. I think we gotta put something <br />about that process. Most state agencies have those provisions. I'm <br />just going to add that and then the other thing was... What was it? <br />Well can always come back on this point at the next meeting...just <br />say by the way this was one more change. Any other changes? <br />Anyone else would like to suggest? And again the language can be <br />worked on subsequently the... <br />Yeah. I think that if we have an opportunity now to kind of see the <br />revisions as you suggested them. I think we would have a pretty <br />good base to start with you know and use that for our next time <br />discussions. So basically incorporating all the things that were <br />already discussed...that were discussed today and basically <br />15 <br />
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