Recorded 11-10-20 via Webex. Topics include: water authority assets sale approval, unemployment compensation benefit repayment when repayment notice was not received in a timely fashion; research and development tax credit; and immigrant families seeking asylum living Berks County Residential Center
00:12 - THE HONORABLE JUDGE IS OF THE
00:13 - COMMONWEALTH COURT OF
00:13 - PENNSYLVANIA OH YEA YEA YEA.
00:16 - >>ALL PERSONS HAVING BUSINESS
00:18 - BEFORE THE COMMONWEALTH COURT
00:19 - OF PENNSYLVANIA SHALL DRAW NEAR
00:20 - AND GIVE THEIR TENSION FOR THE
00:21 - COURT IS NOW SITTING. GOD SAVE
00:23 - THE COMMONWEALTH IN THIS
00:24 - HONORABLE COURT. THE HONORABLE
00:26 - PRESIDENT JUDGE MARY HANNAH
00:27 - LEAVITT PRESIDING.
00:30 - >>GOOD MORNING AND WELCOME TO
00:32 - PROVE IT. BACK SOME OF THE
00:35 - COMMONWEALTH COURT.
00:39 - ARE THE RULES OF THE ROAD ARE
00:41 - WELL KNOWN TO MANY OF YOU, BUT.
00:44 - IF BEAR THEY
00:45 - BEAR REPEATING ITS SIDE ON AND
00:48 - ON BOND. OKAY HAS 15 MINUTES.
00:53 - THE PETITIONER OR THE APPELLANT
00:55 - MAY RIVER SOME OF THAT 15
00:57 - MINUTE HER REBUTTAL.
01:00 - OF COURSE, THE FIRST CASE FOR
01:01 - CALLING THERE HAS BEEN AN
01:03 - EXCEPTIONAL RULING MADE BECAUSE
01:05 - OF THE 5 WILL HAVE 20 MINUTES.
01:10 - I I RECOMMEND THAT YOU GET TO
01:13 - THE HEART OF THE YEAR ISSUE
01:14 - JUST AS QUICKLY AS POSSIBLE.
01:16 - AND THE JUDGES HAVE READ ALL
01:18 - AGREE. AND WE ARE READY
01:21 - TO GO.
01:22 - 15 MINUTES 20 MINUTES MAY FOUND
01:24 - LIKE A LONG TIME BUT ECHOED BY
01:27 - VERY QUICKLY AND WITH AND THE
01:29 - COURT WILL CALL HER KATE
01:31 - WHICH IS IN RE CHESTER WATER
01:34 - AUTHORITY TRUCK. THIS IS AN
01:36 - APPEAL OF THE CITY OF TRACTOR.
01:39 - THE APPELLANT FROM THE FIRST
01:41 - PAGE OR THE CITY OF CHESTER
01:43 - FOR PENNSYLVANIA. WHICH HAVE
01:45 - APPEALED TO ORDER OF THE
01:47 - DELAWARE COUNTY
01:48 - TRIAL COURT TONIGHT THEIR
01:50 - REQUEST FOR A DECLARATION THAT
01:52 - THE CITY HAS THE AUTHORITY TO
01:55 - REPORT THAT THE ASSET ALL OF
01:57 - THAT RAPTOR WATER AUTHORITY AND
01:59 - TO SELL THOSE ASSETS
02:01 - AND TO DISSOLVE THE WATER
02:04 - AUTHORITY.
02:06 - DID HE SEEK TO SELL
02:07 - 30 AS PART OF AN EMERGENCY PLAN
02:11 - TO ADDRESS IT GOING FINANCIAL
02:13 - CRISES. THE UP HELLY
02:16 - ARE THE CHESTER WATER AUTHORITY
02:19 - THE CHESTER COUNTY
02:21 - RAVINE OR WHICH PART OF THE
02:23 - CITY PREQUEL ARGUE THAT THE
02:26 - CITY NO LONGER HAVE THE SOLE
02:28 - AUTHORITY TO CONTROL THE WATER
02:31 - AUTHORITY BECAUSE THE 2012
02:33 - AMENDMENT TO THE MUNICIPALITY
02:35 - OF AUTHORITY ACT CHAIN,
02:37 - THE FOR THE AUTHORITY.
02:40 - AT THIS POINT THE GOVERNING
02:42 - BODY NOW INCLUDE PERSON
02:44 - APPOINTED NOT ONLY BY THE CITY,
02:46 - A BIKE AFTER COUNTY AND OUR
02:48 - COUNTY. THEREFORE ANY GUN BAN
02:51 - OF THE AUTHORITY OR
02:53 - TO POLLUTION. NOT BE AUTHORIZED
02:56 - BY THE YEAR FOR A T NEW
02:58 - GOVERNING BODY.
03:08 - IT CAN BE ON BEHALF OF THE
03:10 - SENATE.
03:11 - >>THANK YOU YOUR HONOR AND MAY
03:13 - PLEASE THE COURT A BIT TENSE
03:14 - PEOPLE BALANCE FOR IN THE
03:17 - CHEST AND IT IS IT IS CLEAR
03:20 - FROM THIS COURSE DECISION AND
03:22 - THE CLEARFIELD CASE IN
03:24 - CLEARFIELD PRODIGY FOR
03:25 - RETENTION AND FORKS TOWNSHIP
03:28 - THAT 100 SECTION 5622.
03:32 - IF I AS IT WAS WE ENACTED IN
03:35 - 2001. THE CITY HAS THE
03:37 - UNILATERAL RIGHT.
03:39 - UNILATERAL RIGHT TO TAKE BACK
03:41 - YOU SAW AND THIS COURT MAKES A
03:44 - DECISION HAS MADE THAT CLEAR
03:47 - WHEN THIS COURT DECIDED ON THE
03:48 - SECTION 18 UNCLEAR. IT'S
03:51 - PRESLEY FELL IN THE VERY LAST
03:53 - SENTENCE. IT'S A PEN
03:55 - IN THE VERY LAST SENTENCE OF UP
03:57 - AND DOWN THAT COOL
03:58 - IT WILL REQUIRE THAT THE
03:59 - SECTION 18. THE. IN
04:04 - 1945. AND THEN
04:10 - RESOLUTION OR ORDINANCE TO
04:11 - ACQUIRE BEFORE.
04:14 - A RAGING TO PAY WELL THAT DOES
04:15 - IT. THAT IS THE EXPRESS HOLD.
04:18 - OF THIS COURT'S DECISION IN
04:20 - CLEAR IN THE VERY LAST SENTENCE
04:23 - OF THE OF THE OPINION.
04:26 - THAT WAS FOLLOWED UP TO FOR THE
04:27 - KIDS TO HEAR FROM OR WHAT
04:29 - CATCHER FORCED ENTRY. NOW THAT
04:32 - IS THAT IS SO DESPISED
04:33 - OF THE CITY HAVING THE RIGHT
04:36 - THAT YOU SAW ABSENT THE ISSUE
04:38 - ABOUT AT 73. THAT IS
04:40 - SO DESPISED BUT APPLE HAS BEEN
04:42 - FORCED TO ORANGE.
04:43 - IT WAS WRONGLY DECIDED TO CLEAR
04:46 - FIELDS ALONG WITH THE SIDE AND
04:48 - THEY CONTEND THAT THE SUPREME
04:50 - COURT DECISIONS IN THE BIRD
04:52 - CASE AGAIN. SHOW THAT THIS CASE
04:55 - WILL ONLY DECIDE CLEAR WELL
04:57 - IN FACT IN CLEARFIELD THIS
04:59 - COURT DISPOSED OF THAT THEIR
05:00 - YARD. IT'S FOUND IN CLEARFIELD
05:03 - EXPRESSION. THE FIRST AND
05:05 - GAMBLE COULD NOT CONTROL AND
05:07 - THEY AND THEIR FAMILIES FOR
05:10 - IT'S NOT A CASE WHERE THE
05:11 - MUNICIPALITY SHOULD TAKE THAT.
05:13 - IT'S GOING TO TAKE BACK THE
05:15 - AUTHORITY. IT WAS A CASE
05:16 - INVOLVING
05:17 - AN ENGINEER SUING FOR BREACH OF
05:19 - CONTRACT BECAUSE THE AUTHORITY
05:21 - PAY HIM $720,000. AND GAMBLE
05:25 - IT IS A PALIN SORT TAKE BACK IN
05:28 - THE FUN GEMMELL WAS
05:29 - TAXPAYERS SHOULD TRYING TO STOP
05:32 - OR MUNICIPALITIES IN CREATING A
05:34 - PUMPING STATION. IT'S A MATTER
05:36 - OF THEM
05:37 - IS CONTROLLING AS HIS COURT
05:38 - CORRECTLY FOUND IN CLEAR.
05:40 - SO YOU DISPOSE OF AND YOU ALSO
05:43 - SAID THAT ANOTHER MISTER BUSH
05:45 - CAN BE HEARD YOU.
05:47 - >>JUST A DRAFT LEAVING A 5 K
05:49 - FALL. THE.
05:51 - THE PREVENT HIM. THE OPERATIVE
05:53 - PROVISION OF THE.
05:57 - THE MAN AT THE POUND OR
05:58 - M A THE MUNICIPALITY OF
06:01 - AUTHORITY BACK I MEAN WHY WOULD
06:03 - BE.
06:09 - AUTHORITY A TRAIN OR 2, BUT
06:12 - NEVER COME NOT IMPACT.
06:17 - THE CITY.
06:21 - HAVE THE POWER TO TAKE
06:22 - BACK WHEN IT WAS CREATED, BUT
06:24 - WHY IS IT THAT THE CHAIN FROM
06:26 - GOVERNOR.
06:27 - >>HAS NO IMPACT ON THAT
06:29 - AUTHORITY. IF YOU WRITE IT IN.
06:34 - ALL RIGHT, I'M
06:34 - HAPPY TO OBVIOUSLY TO RESPOND
06:36 - TO THAT CRITICAL ISSUE.
06:38 - AND I I START WITH THE
06:40 - PROPOSITION WHICH
06:41 - THIS COURT ADOPTED THE JULIANNE
06:44 - DECISION AND THE SUPREME COURT.
06:46 - IT GOT TO THE DECK OF THE CITY
06:49 - WHICH IS QUITE A SIGHT IN 2020,
06:51 - WHICH IS THAT WHEN YOU LOOK AT
06:53 - A STATUE. IT IS IMPORTANT
06:55 - AND CRITICAL TO SEE WHAT THE
06:57 - STATUTE SAYS AND WHAT IT DOES
06:59 - NOT SHOW AND THAT'S WHAT HAS
07:01 - REALLY CRITICAL. AND COOL AT 7
07:04 - HE WAS TOO FAT.
07:08 - ONE IT SAID THAT THEY HAVE NOW
07:10 - HAVE A NEW BOARD.
07:11 - OF THE AUTHORITY AND THAT WOULD
07:13 - BE A TRIAL COURT I WOULD
07:15 - CONSISTING OF.
07:17 - DELAWARE COUNTY CHESTER COUNTY
07:18 - AND THE CITY
07:19 - INSTEAD OF HAVING A BOARD
07:21 - COMPOSED ONLY BY CITY OF 20 AND
07:24 - 2. IT CHANGES IN OTHERS STATUE
07:27 - WHICH SAID THAT THE PARTY COULD
07:30 - ONLY USE MONEY. IN RESPONSE
07:33 - THE BOYS, THE REGULATED BY
07:36 - NOW THE COUNTY ITSELF CAN YOU
07:38 - JUST IT. IT NEXT THAT AT
07:41 - 73 ITSELF. IT DID NOT INCLUDE
07:44 - ANY LIFE. ANYONE WHO SAYS THAT
07:46 - THIS IS THE JUST THE
07:47 - COUNTY AGREED MODIFYING SESSION
07:50 - 5622 MAY. THE
07:53 - M A SO THERE'S
07:54 - NO LINE IN BEEN THERE A LOT OF
07:57 - FUN, AND AND AS RESULT
08:01 - OF THAT AND POLICE WERE FORCED
08:03 - TO LIVE.
08:03 - THAT INFORAMTION INFORAMTION
08:06 - BECAUSE OF THE CHANGE IN THE
08:08 - NATURE OF THE 4. THEREFORE THE
08:10 - CITY WAS WHICH ONE. THE CITY
08:12 - WANTS THE JOB AND WE HAVE
08:14 - CITING THE HOST THE CASE.
08:21 - THAT
08:21 - YOU CANNOT DRASTICALLY CHANGE
08:23 - THE WALLS BY OMISSION FOR
08:25 - IMPLICATIONS. I SUPPOSE
08:28 - THIS WAS THIS LAW.
08:32 - AND THIS IS PART OF
08:33 - MY YARD. IT'S NOT SOME
08:39 - CLEAR FIELD BASE UNCLEAR THE
08:40 - PROJECT TELL YOUR HEALTH.
08:45 - THIS 5622 A VIRTUALLY IDENTICAL
08:48 - TO SECTION 18. IT IS WAY
08:51 - TOO LATE. YEAH THAT WAS REALLY
08:53 - AN ACT OF
08:54 - 2001 AND LEAVE WHICH SIDE OF
08:55 - THE CASE WHICH THAT POLICE DID
08:57 - NOT RESPOND WE'VE
08:58 - CITED THOSE THE SUPREME COURT
09:01 - AT 2 CASES THE SUPREME COURT
09:02 - HAS BEEN THE WISE AND PATIENT.
09:05 - IN WHICH THE SUPREME COURT OF
09:06 - PENNSYLVANIA SAID ONE OF THE
09:08 - MOST BEST AND SO THE
09:15 - THAT'S ONE OF THE MOST
09:16 - VENERABLE.
09:17 - >>AND FUNDAMENTAL AND IT'S A
09:18 - STATUTORY INTERPRETATION IS
09:20 - THAT WHEN COURTS INTERPRET A
09:21 - STATUTE. AND THEN THAT STATUTE
09:24 - TO REENACT SECTION 18 WAS.
09:26 - IT IS 2001 IS
09:31 - THE THE
09:31 - COURT'S INTERPRETATION. IT'S.
09:35 - INCLUDED IN THE REENACTMENT AS
09:38 - HE SO THE LEGISLATIVE.
09:42 - 56 WHEN HE WAS IN
09:44 - ESSENCE FIRST TO GIVE THE CITY
09:46 - THIS RIGHT. SO THEY WANT TO
09:47 - CHANGE THIS CHRISTMAS
09:50 - THE MOST THING IN AT 73.
09:55 - THE BEACHES AND SO THEY'RE
09:57 - TRYING TO DO IT BY OMISSION.
10:00 - A MISSION FOR IMPLICATION WHICH
10:02 - IS EXPRESSLY PRECLUDED BY A
10:03 - HOST OF CASES, ITS IRON ORE
10:05 - WEEK IN ADDITION YOUR HONOR IN
10:08 - THE SALEM TOWNSHIP IN LIGHT OF
10:10 - WHAT LIFE SUPPORT AN UNIONS.
10:14 - WHICH IS
10:15 - AND A MAJOR BACKS MOST
10:16 - STATUTORY INTERPRETATION.
10:18 - IF YOU SAY SOMETHING AND A
10:19 - STATUE I SAY THE OTHER. IN JUST
10:23 - THE SLIGHTEST. THAT'S A THAT'S
10:25 - A MOTHER.
10:26 - VENERABLE DOCTOR THE STATUTORY
10:30 - >>WHAT COULD NEVER COME.
10:33 - SECTION 18 AND NOW 50 PICK OF
10:36 - THE. BAN BEING.
10:40 - GET TO THE MUNICIPALITY THE
10:42 - FUNCTION OF ALL THE OBLIGATIONS
10:45 - AND.
10:46 - BY THE AUTHORITY WITH RESPECT
10:48 - TO THAT PROJECT. THEY PEOPLE
10:51 - QUIET BUT WE DON'T DENY.
10:54 - THE CHOIR ME THAT IF THE CITY
10:55 - TAKES BACK.
10:57 - >>THE AUTHORITY IT HAS TO OKAY
11:00 - IT HAS BEEN RAISED TO PAY FOR
11:01 - ALL THE OBLIGATIONS
11:02 - OF YOU.
11:05 - >>OBLIGATIONS INCLUDE PAYMENTS
11:07 - OWED TO DELAWARE COUNTY CHESTER
11:09 - COUNTY TOO.
11:12 - I DON'T THINK EVEN IF
11:14 - IT WERE WE'VE GOT THAT AND
11:15 - NOBODY IS DISPUTING THAT ON THE
11:17 - CITY SIDE WE READY.
11:19 - >>WE RECOGNIZE THAT THE SECTION
11:21 - 18 AND NOW IT'S
11:22 - INITIALLY IDENTICAL SUCCESSION
11:26 - WE READY.
11:27 - THAT WE HAVE TO PAY
11:29 - THOSE OBLIGATIONS. WE ARE NOT
11:31 - SURE THE OBLIGATION THAT.
11:34 - REQUIRED THEY TRY TO IMPOSE ON
11:36 - THE CITY ALL THESE OTHER ONES
11:37 - THAT DON'T EXIST IN THE
11:39 - LANGUAGE OF THE STATUTE.
11:40 - THEY TRY TO SUPER BOWL. ON
11:45 - THE CITY FOR EXAMPLE THEY SAY
11:46 - OF
11:46 - THE CITY. DIDN'T FUND THE
11:49 - AUTHORITIES PROJECTS TO BEGIN
11:51 - WITH IT CAN TAKE THEM BACK.
11:53 - WELL THAT'S NOT A REQUIREMENT
11:54 - STATUTE AND INDEED IN 2 OF YOU
11:56 - ON HIS DECISION
11:57 - IN CLEARFIELD AND IN FORWARD
11:59 - TOWNSHIP. THE.
12:02 - IT IS A PALIN HAD NOT BEEN DONE
12:04 - BEFORE THESE PROJECTS
12:05 - AND I BOTH OF YOU AND YET THEY
12:07 - TOOK THEM BACK. IT'S NOT A
12:09 - REQUIRED THE ONLY REQUIRED IN
12:12 - SECTION 18 NOW SECTION
12:17 - IT WAS
12:18 - A RISING. IT IS A TALLY HAS THE
12:20 - MUNICIPALITY. WHICH
12:22 - THE BIBLE, A CITY CATCHES FOR
12:25 - FOLLOW. IT'S THE MUNICIPALITY.
12:27 - IT'S THE PASS A RESOLUTION.
12:29 - THE TAKE BACK THE AUTHORITY
12:31 - CREATED AND THE CITY CREATED
12:33 - THIS IN 1939. TAKE YOU BACK
12:36 - AND. RAISED UP A
12:38 - LITTLE BIT. THAT'S
12:42 - MR. BENTLEY.
12:43 - >>LET THE GAME YOU'RE CORRECT
12:44 - PERMANENT AND THE CITY HAS THE
12:46 - AUTHORITY TO ACTUALLY THAT IT
12:47 - CAN EXERCISE
12:50 - YOU WOULD AGREE TO THE
12:51 - AUTHORITIES GOVERNING BODY OFF
12:52 - THE BOARD ALSO HAS THE
12:54 - AUTHORITY TO CONVEY.
12:57 - BE ACTIVE TO BE UNDER 50 PICKED
13:00 - THOSE DEVON BEFORE CORRECT.
13:03 - WELL AND YOU'RE RIGHT I DO
13:05 - NOT AGREE.
13:06 - >>THAT IF THE CITY HAS THE
13:08 - RIGHT TO TAKE BACK THE
13:09 - AUTHORITY IT'S WHITE AND
13:10 - PRESENT.
13:11 - >>I'M NOT I WOULD JUST GOT TO
13:13 - YOU KNOW AGREE THAT THE STATUE
13:15 - PROVIDE THE AUTHORITY WITH
13:17 - THE POWER TO DO THAT AND CAN
13:18 - BAD THE DOOR TO ASK THAT YOU
13:20 - WOULD AGREE WITH THAT.
13:21 - >>YES I DO.
13:22 - YES I DO YOU ANTICIPATE MY NEXT
13:24 - QUESTION WHICH IS WHEN
13:26 - THE AUTHORITY TO DIVE BACK
13:28 - INSIDE THE POWER AND THE CITY
13:29 - THE 5 FACTORS CITED POWER TO
13:32 - WIN.
13:35 - WHEN IS
13:35 - THERE A FIRST IN TIME FIRST IN
13:38 - RIGHT PRINCIPLE THAT THE COURT
13:40 - SHOULD APPLY HERE.
13:41 - >>AND MY ANSWER THAT YOU IT WAS
13:45 - THE RIGHT
13:46 - IF HE IS IF THE CITY WANTS TO
13:49 - TAKE BACK THE AUTHORITY CREATE
13:51 - IT HAS THAT RIGHT AND I WILL
13:52 - POINT OUT IF THE ARGUMENT
13:54 - ATHLETES MAKE ABOUT FOR SOME
13:56 - TIME. THEY FILED FIRST
13:57 - IN ANTICIPATION OF THE CITY
14:00 - TAKING BACK THEIR VERY TRUST
14:01 - PETITION THAT WE POINT OUT ALL
14:03 - A LIE. THEY'RE VERY TRUST.
14:05 - THE TENSION. IT WAS
14:07 - ANTICIPATED. THE CITY EXERCISE
14:09 - THAT RIGHT. TAKE BACK
14:11 - THE AUTHORITY AND SO THE FACT
14:14 - THAT THEY FILED FIRST MANY.
14:17 - BUT THE CITY HAS AGAIN I POINT
14:19 - TO WRITE HIS OWN DECISIONS AND
14:21 - CLEARFIELD THAT ITS PROJECT
14:23 - WHICH BECAME PORT OF THE
14:25 - LEGISLATIVE INTENT.
14:27 - >>WHEN YOU PLAY THIS GAME, NOT
14:28 - I'M NOT I'M NOT I'M SERVICE THE
14:32 - POWER, I'M TRYING TO UNDERSTAND
14:34 - IT COULD BE THE BOARD OF THE
14:35 - POWER COULD BE EXERCISED
14:37 - SIMULTANEOUSLY OR
14:38 - CONTEMPORANEOUSLY AND I'M
14:40 - TRYING TO UNDERSTAND IF
14:41 - THAT HAPPENED
14:43 - WHO WHEN THEY BE YOUR ARGUMENT
14:45 - BAD THE CITY TAKE PRIMACY
14:48 - REGARDLESS OF WHEN DETECTOR
14:49 - SIDE OF THE POWER AND THAT YOUR
14:51 - POSITION WHAT YOUR ARGUMENT IN
14:52 - FAVOR OF THE OPPOSITION.
14:58 - THEY'RE RIGHT.
14:59 - >>IN THE CITY SECTION 5622 AT.
15:02 - IS A PRIMARY
15:03 - RIGHT TAKES
15:04 - IS PRESIDENT OF ANY OTHER
15:06 - RIGHTS FOR THE TAKING. IT TOOK
15:09 - A LOOK
15:09 - AT WHERE IT'S ALREADY DID THAT
15:11 - YOU THOUGHT OF IT AS ITS FIRST
15:13 - PETITION STATES ONLY TO AVOID.
15:16 - IN THIS
15:17 - CITY RIGHT. THE TAKE
15:18 - BACK YOUR PHONE THAT'S THE ONLY
15:20 - REASON THEY FILED A PETITION
15:21 - AND IT'S BEEN THE ALLEGATIONS
15:23 - OF THE TRUST PETITION ITSELF AS
15:25 - WE POINT OUT A REPLY. SO SO I
15:28 - DON'T THINK. BUT THE FACT THAT
15:31 - THEY FILED FOR.
15:34 - WHERE THEY FILED THOSE ONLY
15:36 - 2 OF WAR. THE CITY'S DESIRE.
15:38 - IT TAKES BASKETS ARE
15:40 - AND THAT'S
15:43 - FROM ANOTHER QUESTION HERE
15:45 - WHICH IS THESE AUTHORITY HAVE
15:47 - THE RIGHT TO.
15:48 - >>TRANSFER AFTER THAT THE IN
15:51 - THE PROGRAM RIGHT.
15:54 - >>OF ALL THE AUTHORITIES.
15:56 - SO HOW HOW DO WE RECONCILE BOTH
15:59 - TRUE FACTOR COREY GRAHAM OF
16:01 - POWER.
16:02 - >>WELL YOU'RE ALL I CAN SAY IS
16:04 - I THINK IF YOU LOOK AT THE
16:06 - STATUTORY SCHEME.
16:08 - THAT CITY WAS SITTING CREMATED,
16:11 - YOU ARE. THIS
16:12 - WASN'T SOME A MYTHICAL THE
16:15 - CITY CREATED. AND BECAUSE THE
16:18 - CITY OF ADEN IT HAS THE RIGHT
16:21 - TO TAKE IT BACK AND
16:24 - >>MISTER KACZYNSKI I THINK YOU
16:25 - ALSO KNOW DID YOU
16:26 - BRIEF SAID IF THE CITY CREATED
16:29 - BY THE POINT OF
16:30 - THE BOARD FIRST BOTH TIMES THE
16:33 - EVEN AFTER THE CHANGE.
16:34 - YEAH, AND THE FOLLOW-UP
16:36 - QUESTION TO THAT BUT.
16:38 - >>I'M NOT I CAN SAY IS THAT THE
16:39 - CITY. IT'S A FOR 70 YEARS.
16:44 - APPLY TO THE BOARD UP TO 2012.
16:47 - THE
16:47 - 73 YEAR, THE CITY ALONG WITH
16:50 - THE BOARD LUGGAGE.
16:52 - >>THAT WAS INTO THE INTO THE EU
16:55 - POINT OF THE BOARD.
16:59 - FOR 73 YEARS WAS THE
17:01 - SO A BODY.
17:03 - OKAY SO SO BASED ON THAT
17:05 - LANGUAGE IF I UNDERSTAND YOUR
17:07 - POSITION IT'S THAT
17:08 - 156 22. THIS THIS CITY THIS
17:11 - PROJECT WAS ESTABLISHED BY A
17:13 - MUNICIPALITY. IT HAS THE
17:15 - AUTHORITY AND IN FACT DID
17:17 - INCORPORATED BOARD AND SO OKAY
17:20 - SO UNDER THAT AUTHORITY
17:23 - AND I THINK IN CLEARFIELD CASE
17:25 - THE COURT MADE THE DISTINCTION.
17:26 - IT DOESN'T HAVE
17:32 - HASLER
17:33 - OR ENDS AND THE LANGUAGE IN THE
17:36 - 6.22 ANY.
17:38 - CASE TELL US BY RESOLUTION OR
17:40 - ORDINANCE WITH US. INTO COURT
17:43 - SAID. HE
17:45 - INDICATED THAT ONLY A
17:46 - MUNICIPALITY COULD
17:48 - DO THAT. SESSION IS ONLY A
17:51 - MUNICIPALITY CAN PASS AN
17:53 - ORDINANCE OR RESOLUTION
17:55 - TO ACQUIRE. THAT'S CLEAR AND
17:59 - IN ADDITION THIS COURT IN ITS
18:02 - PROGENY A
18:03 - CLEAR FIELD EXPRESS WE DECIDED
18:05 - THAT IT DID NOT NEED THE
18:07 - AUTHORITIES CONSOLE.
18:13 - ENJOY THE STATE STILL HAS
18:15 - BECAUSE AT
18:16 - 73 DIDN'T CHANGE. BUT FOR
18:18 - SEVERAL YEARS, HE WOULDN'T BE
18:20 - ALONE. EXCUSE EXCUSE ME, YOU
18:25 - WOULDN'T NEED.
18:27 - YOU CAN SEND
18:29 - 156 BECAUSE THE LANGUAGE IS
18:33 - ALREADY SHELL CONVEY. WE
18:37 - UNDER YOUR ARGUMENT, YOU
18:39 - WOULDN'T NEED CONSENT AND IF
18:40 - IT'S AND THAT IS CORRECT I WAS
18:43 - ONLY TRYING TO POINT OUT
18:45 - >>IN ONE OF YOUR FREE DECISION
18:47 - AND I THINK IT WAS IN THE FALL
18:48 - IT AND FORCE THEM.
18:53 - >>CHALLENGE CIVIL RIGHTS BY
18:54 - SAYING THE AUTHORITY OF THE
18:56 - VICE OF CONSENT JUST
18:58 - A BIT IT COULD GET A SENSE FROM
19:02 - 56 POINTS TO A CLEARLY CLEARLY
19:05 - DO NOT REQUIRE ANY
19:06 - AND WHO THE AUTHORITIES SAY
19:08 - ALONE. THE CITY ALONE HAS
19:10 - ALWAYS HAD THE RIGHT STILL TO
19:12 - THIS DAY. IT'S ONLY IN HIS PAST
19:15 - USE OF POWER. AND HAD THE
19:17 - RIGHT. THE TAKE BACK IN THE CAR
19:19 - AND ALL HAD TO DO WAS TO ONE
19:22 - PASS TO AN END TO PAY THE
19:23 - BILLS.
19:32 - >>WE WILL
19:33 - HEAR NEXT FROM.
19:35 - >>MISTER FRANK.
19:39 - THANK YOU GOOD MORNING,
19:40 - YOUR HONOR. I'M TRYING TO
19:41 - SUPPLEMENT NESTLE DUPLICATE A
19:43 - PERSUASIVE ARGUMENT. MISTER
19:44 - PROTESTING. IN ESSENCE CWA WAS
19:47 - HAPPIER SHOOTERS COLLEGE
19:48 - TOGETHER AN ARGUMENT
19:50 - WHICH IS BELIED BY THE BASIC
19:51 - TENETS OF STATUTORY
19:52 - CONSTRUCTION AND THE SCHOOL
19:54 - AUTHORITIES
19:54 - ACT ITSELF. SO AN UNDISPUTED
19:56 - FACTS AND 3993 9 CITY ALONE
20:00 - INCORPORATED THE CHESTER IN A
20:01 - SCHOOL PARTY AS A RESULT
20:03 - AUTHORITIES UNDER THE N A A IN
20:05 - 1965 THE CITY ALONE
20:07 - AND I COULDN'T ORLEANS CHANGING
20:09 - THE NAME FROM THE SHESHAN IS
20:10 - WITH ALREADY TOO
20:11 - CWA AND IN
20:13 - 1998 THE CITY ALONE WE
20:15 - AUTHORIZE YOU KNOW WE
20:16 - RAISE RESISTANCE. IT'S
20:18 - IMPORTANT FOR THE COURT TO
20:19 - UNDERSTAND THAT CNBC WH POWERS
20:21 - AND AUTHORITY OR SET FORTH AND
20:23 - GOVERNED SOLELY BY THE
20:24 - PROVISIONS OF THE NEW SCHOOL
20:25 - AUTHORITIES ACT IT DOESN'T FALL
20:27 - UNDER THE PURVIEW OF ANY OTHER
20:28 - GOVERNMENTAL OR REGULATORY
20:30 - BODY.
20:31 - THIS WHOLE MATTER STORING YOUR
20:32 - HONOR'S WAS CWA STEAMED I USE
20:35 - THAT WORD PURPOSELY ITS
20:36 - TRANSFER ITS ASSETS TO
20:38 - A TRUST WHICH WILL THEN OPERATE
20:40 - OUTSIDE ENTIRELY THE STRENGTH
20:42 - OF BUT ALSO OUTSIDE THE SCOPE
20:44 - OF ANY REGULATORY BODY AND
20:46 - BEYOND THE REACH OF ANY CITY
20:47 - THAT CREATED AND IMPORTANTLY
20:49 - WHAT WAS GOING TO HAPPEN THERE
20:50 - WERE 3 TRUSTEES
20:52 - AGAIN NOT APPOINTED BY
20:53 - NECESSARILY BY ANY OF THE 3
20:55 - ENTITIES, THE CITY,
20:56 - CHESTER COUNTY OR DOLLAR COUNTY
20:58 - THEN RELEASED
20:59 - IN FACT THE CHESTER WATER
21:01 - AUTHORITY TO GO AHEAD AND
21:02 - CONTINUE OPERATING AS IT HAD
21:04 - ALL ALONG SIMPLY AN EFFORT TO
21:07 - GET AHEAD AND SIMPLY REMOVED
21:09 - THE CITY'S RICE UNDER LET ME
21:12 - JUST FOR A MOMENT. OF COURSE
21:14 - INCREASE IN THIS OCTOBER 27TH
21:16 - ORDER. EARLIER THIS YEAR, THE
21:18 - CITY ISSUE OR THE OR THE TO
21:21 - THE SUBJECTS SYSTEM WHICH
21:22 - RESULTED IN THE CITY RECEIVING
21:23 - 3 THIS. WELL, I'M NOT SURE IT
21:26 - IS FORMALLY OF RECORD IN THIS
21:27 - MATTER, ALTHOUGH IT MAY BE
21:29 - IT WAS DISCLOSED IN THE PUBLIC
21:30 - DOMAIN BY THE CITY ON ITS
21:32 - WEBSITE TO RECEIVE 3 RESPONSES.
21:34 - ONE OF WHICH CLUB WHICH WAS A
21:36 - 410 MILLION DOLLARS.
21:38 - THIS EVIDENCE OF THAT BEING
21:40 - CONSUMMATION OF THE TRANSACTION
21:42 - WOULD ALLOW THE CITY TO
21:43 - ENROLLED IN SHORT ORDER.
21:44 - NOT ONLY PAYS OFF IS EXISTING
21:46 - DEBTS AND
21:47 - THEN SOME THEY CAN ACTUALLY ACT
21:49 - 47 STATUS ALTOGETHER WITH A
21:51 - MUCH BRIGHTER FUTURE
21:52 - GOING FORWARD. IF THE CITY
21:54 - DECIDES THAT WOULD ENTER INTO
21:55 - AN ASSET PURCHASE AGREEMENT
21:56 - WHILE STILL IN ACT 47 STATUS.
21:59 - THE RECEIVER OR THEY SIMPLY
22:00 - NEED TO IMPROVE THE CITY'S
22:01 - DECISION TO GET TO DO SO SO
22:04 - THAT WAS IMPORTANT FOR
22:05 - TO ADDRESS YOUR HONORS I
22:06 - INCREASE IN THE OCTOBER 27 OF
22:08 - THE WATER.
22:09 - DOWN BELOW THE DELAWARE COUNTY
22:11 - COURT OF COMMON PLEAS ON IN HIS
22:14 - 4/24/2020, DECISION.
22:15 - THAT I 73 OF 2012 BASICALLY
22:18 - SEX ESTABLISHED A CITY CHESTER
22:20 - COUNTY AND ORANGE COUNTY AS THE
22:22 - GOVERNING BODY OF CWA
22:25 - AND THAT CONSEQUENTLY ANY
22:26 - CONVEYS CWA PURSUING TO SESSION
22:30 - WE NEED TO BE
22:31 - CONDUCTED AND AUTHORIZED BY
22:33 - THOSE
22:33 - 3 INNINGS SIMPLY STATED YOUR
22:35 - HONOR'S GOVERNOR IS IS NOT AND
22:37 - DOES NOT EQUATE TO OWNERSHIP.
22:40 - THERE ARE 3 SUCCESSIVE SECTIONS
22:42 - IN
22:42 - 5610. THAT ARE DIFFERENT
22:44 - INDEPENDENCE AS A BOARDS OR AS
22:46 - FOR THE FOLLOWING SCENARIO,
22:48 - 5610.
22:49 - ONE IS ALREADY INCORPORATED BY
22:52 - ONE MUNICIPALITY SAYS OUT WHAT
22:53 - HAPPENED HERE IF THE DEALS WITH
22:56 - JOINT AUTHORITIES DON'T GET TO
22:57 - THAT LATER ON MY ARGUMENT, BUT
23:00 - TO DEALS OR JOIN AUTHORITIES
23:01 - EITHER AT THE OUTSET REMOTE
23:03 - MUNICIPALITIES FORMED AND
23:04 - AUTHORITY OR WHERE THERE WAS
23:06 - WARNING THERE'S A VALUE FROM
23:07 - THE AUTHORITY AND THEN OTHER
23:08 - SUBSEQUENTLY JOINT AND THEN OF
23:10 - COURSE WE HAVE 56 10.1
23:14 - WHICH IS WHAT WE'RE DEALING
23:15 - WITH HERE AT 73 TO
23:17 - 5610. SO AGAIN THERE'S NO
23:19 - DISPUTE THERE JUST A SEA OF
23:20 - CHESTER ALONE INCORPORATED CWA
23:22 - AND CONSEQUENTLY HAS
23:23 - ATTENDED RIGHTS. HAS ALLUDED TO
23:27 - BRIEFLY BY MISTER, BUT AS THE
23:28 - COMMISSION IS A PASS
23:31 - IT'S ALREADY DETAINED BACK TO
23:33 - REQUIRE THE ASHES OF THAT
23:34 - AUTHORITY. IT BE A CREATIVE,
23:36 - I'M SATISFIED, CERTAIN
23:37 - CRITERIA. IMPORTANTLY THE
23:40 - 2012 IN MEN
23:41 - TO SEE IF IF THE 6.10 DENY
23:43 - ANY MATTER WHO REFERENCED
23:45 - MENTION THAT DRESS REVIVE OR
23:46 - EVEN A LEAVE ALLUDE TO
23:50 - MISTER FRANK.
23:55 - >>I THINK THE
23:56 - D A.
23:57 - >>AND POLICE POSITIONS THAT THE
23:59 - CITY'S IN PART THE AUTHORITY
24:01 - TO. STATUS IS KIND OF PROJECT
24:04 - THIS KIND OF PROJECT
24:05 - BEING ONE THAT COVERS SERVICES
24:08 - FOR
24:08 - OTHER COUNTIES. SO WHILE
24:12 - 5622 MAY HAVE AUTHORIZED THE
24:14 - CITY TO CREATE THIS PROJECT FOR
24:15 - 18 MISSING HALEIGH IS YOUR
24:18 - POSITION AS I UNDERSTAND.
24:21 - THE CHANGE IN THE. STRUCTURE IN
24:24 - THE SERVICE.
24:26 - STILL QUALIFY AS A
24:27 - TRIBE CHECKED THAT THE CITY WAS
24:30 - AUTHORIZED TO CREATE ANOTHER
24:31 - WHICH COULD CREATE ITS OWN A
24:33 - WATER SYSTEM FOR OTHER
24:34 - COUNTIES.
24:37 - >>USUAL STORY ZACH PERMITS IT
24:38 - TO BLEED OVER IF YOU WILL FROM
24:40 - THE CITY PARAMETERS ITSELF INTO
24:42 - OUTSIDE AREAS.
24:43 - AND WHAT ONE SIMPLY DID YOUR
24:46 - HONOR 8.1 EXCUSE ME. THIS
24:48 - SIMPLY DID WAS GAVE THOSE EXTRA
24:50 - TOUR. EXTRA TERRITORIAL.
24:52 - AREAS GEOGRAPHIC
24:53 - AREAS OR SAY WHILE THEY WORK
24:56 - AND WHILE THE BOARD WAS IN FACT
24:57 - OPERATIONAL IT DID NOT NEARING
24:59 - MATTER IS ACCIDENT THE 6.22 AND
25:02 - THE CITY'S RIGHTS
25:03 - TO GO AHEAD AND PROCESS FIND
25:04 - THOSE 2 CRITERIA MISTER RICH'S
25:06 - DILUTED TO SATISFY EXISTING
25:08 - DEBTS AND PASS THE RESOLUTION
25:09 - OR ORDINANCE TAKING BACK TO
25:11 - YOUR TAKING THAT THE
25:12 - AUTHORITIES ASSETS. IT IS FOR
25:24 - ACTUALLY A
25:24 - BETTER TERM.
25:25 - >>EXPANDED OUTSIDE THE CITY
25:27 - LIMITS. IT REMAINED
25:30 - A PROJECT OF THE SENATE.
25:32 - >>SO ABSOLUTELY UNQUESTIONABLY
25:33 - YOUR HONOR.
25:39 - IN THE
25:39 - ABSENCE OF THE EXPRESS LANGUAGE
25:41 - IN AT 73 A SANCTION THE FORMER
25:44 - CHAIR OF THE CITY'S PROPERTY
25:45 - RIGHTS THERE'S A STATUTORY.
25:47 - THIS TIME, SERIOUS EXTRA
25:48 - CONSTRUCTION PRESUMPTION
25:50 - AGAINST SUCH AN INTERPRETATION
25:51 - BASICALLY CWA IS DOING IS
25:53 - INFLATING THE IMPACT OF ACTS
25:55 - THAT 73. THE PELLYS
25:57 - CONSTRUCTION WOULD NOT GIVE
25:58 - EFFECT TO ALL THE PROVISIONS
26:00 - OF AN ISSUE BUT INSTEAD WHAT IM
26:02 - ASKING LATE. ONE IS
26:06 - AT THE EXPENSE OF THE OTHERS
26:07 - THAT IS JACK 7356 STAFF.
26:10 - IT'S A
26:16 - GOING ON SOMEWHERE THAT
26:18 - FEEDBACK COMING
26:22 - WHAT ABOUT 50 PICKED THOSE 7
26:24 - BEFORE DOESN'T THE AUTHORITY
26:25 - RICK. IT.
26:29 - >>CONVEY THE ACA.
26:32 - YOU BROUGHT THAT UP BECAUSE IT
26:33 - DOES YOUR
26:34 - HONOR BUT IT ONLY DOES SO
26:36 - IT'S A WE GET
26:40 - TO THAT BEFORE MY TIME RIGHT
26:42 - NOW IN 56 THE PRACTICE IS
26:45 - IMPORTANT TO PRACTICE THE 5674
26:48 - BECAUSE BECAUSE EXPRESSLY
26:50 - LIMITS. THE TRANSFER POWERS TO
26:52 - THOSE THAT ARE NECESSARY OR
26:53 - CONVENIENT. RETURN TO.
26:58 - >>BUT THE QUESTION ARE THAT
27:00 - WOULD CERTAINLY HAVE TO BE
27:01 - RESOLVED WHETHER THE TRANSFER.
27:04 - UNDER 50 THINK
27:05 - TO 74
27:07 - WHO ARE THE TYPE OF TRAFFORD
27:08 - AUTHORIZES JUST AS THE CITY
27:11 - BREWERY ACQUISITION. THERE
27:13 - WOULD HAVE TO RESOLVE THAT THE
27:14 - CONDITIONS FOR THE RE
27:15 - ACQUISITION WERE SATISFIED.
27:17 - I'M JUST TRYING TO THE FACTION
27:19 - BELIEVE THAT TOGETHER
27:20 - AND HOW MUCH THEY BE RESOLVED
27:23 - WHEN THE AUTHORITY WANT TO TELL
27:25 - THE AP THAT AT THE
27:26 - SAME TIME. THE CITY WANTS TO
27:28 - ROUTE RETAKE THE AUTHORITY IN
27:30 - THE GULF.
27:31 - >>THE SIXERS 74 WE HAVE TO BE
27:33 - SUBJECT TO
27:34 - 5622. THAT'S THE FUNDAMENTAL
27:36 - PREMISE TIME TO DO BECAUSE JUST
27:38 - LOOK WHAT'S HAPPENING HERE.
27:39 - I THINK YOU CAN LOOK AT AND
27:40 - VACUUM, LET'S LOOK AT IT
27:41 - ACTUALLY WHAT'S HAPPENING HERE
27:43 - WHAT THEY'RE TRYING TO GET HIM
27:44 - TO DO IS
27:47 - WE KNOW WHAT THEY'RE TRYING TO
27:48 - THINK WE KNOW WHAT THEIR INTENT
27:49 - IS THE QUESTION FOR DOCTOR
27:51 - CONSTRUCTION PERSPECTIVE.
27:53 - >>WHY IS ONE PRIMARY OVER THE
27:55 - OTHER.
27:56 - >>AGAIN I THINK 5622 IS
27:58 - FUNDAMENTAL YOU NEED TO CAN
27:59 - CONDUCT THOSE 2 STEPS
28:01 - THAT WAS NEVER LOSE 2 OR PAY
28:03 - OFF THE DEBTS, YOU BRING IT
28:04 - BACK. THIS IS TALKED ABOUT
28:05 - 56 SITUATIONS,
28:07 - 5674 PRIMARILY TOSS ABOUT WE'RE
28:09 - TALKING ABOUT YEAH TRUCK OR
28:12 - SOMETHING YOU WANT TO CONVEY
28:13 - ACTORS DURING THE NORMAL COURSE
28:14 - OF OPERATIONS 56 OF 74 WAS NOT
28:17 - MEANT TO GO AHEAD AND
28:18 - CIRCUMVENT OTHER PROVISIONS IN
28:20 - 56 IN HIS WILL FOR EXACT WHICH
28:22 - IS EXACTLY WHAT'S TAKING PLACE
28:24 - HERE
28:24 - YOUR HONOR SO GET CASH LEAVING
28:26 - HIS FIRST I THINK IT'S
28:27 - IMPORTANT TO UNDERSTAND WHAT'S
28:28 - REALLY TAKING PLACE HERE IN
28:38 - >>7 B 4 AND 55TH A DRAFT, YOUR
28:43 - PRINTER CAN FAN SAYS.
28:55 - YES YOUR HONOR I THINK YOU
28:56 - ACTUALLY ACCURATELY STATED
28:58 - THAT.
29:00 - SO IF I CAN JUST FINISH
29:02 - UP TO YES, IT'S VERY GOOD.
29:05 - THANK YOU RON.
29:05 - SO YET AND GET YOUR IS NOT
29:08 - SYNONYMOUS WITH OWNERSHIP
29:09 - ACTION TO 3 MERELY REQUIRE
29:11 - EXTRA TURNS FOR AL GORE TO
29:12 - REPRESENTATION AND ONE SERVICE
29:14 - AN AREA ONE CERTAIN AREA
29:16 - AND IT'S UTTERLY DEVOID OF ANY
29:17 - LANGUAGE CHANGE IN SEES
29:19 - UNILATERAL ACQUISITION
29:20 - RESCINDED IF THE
29:21 - 6.22 AND I RESPECTFULLY REQUEST
29:23 - THE COURT TO SO WAR LET ME JUST
29:25 - BRIEFLY TOUCH
29:25 - OF TIME THE EYE DURING A STORM
29:27 - YOU CAN SEE THE FDA'S POSITION
29:29 - THESE TIER-ONE HIS CONCLUSION
29:31 - THAT IT'S SOMEHOW NOW NESTLE TO
29:32 - JOIN AUTHORITY.
29:33 - THAT FLIES IN THE FACE OF THE
29:34 - EXPRESS LANGUAGE ANY OTHER
29:36 - RELEVANT THROUGH PORTIONS OF
29:37 - THE N A A PUSHING AND THE
29:39 - LEGISLATURE
29:39 - LEFT UNTOUCHED CWA IS NOT NOW
29:42 - NOR HAS IT EVER BEEN USAGE TO
29:45 - NATURE.
29:52 - SERVICE YEARS OUTSIDE OF THE
29:54 - BOUNDARIES, YOU IF
29:56 - YOU'RE WELL.
29:57 - >>YOU'RE WELL OVER YOUR TIME.
29:59 - IF YOU COULD
30:00 - HAMMER I I WE UNDERSTAND YOUR
30:02 - POINT IS THAT THE MATTER DURING
30:04 - AUTHORITIES BUT THERE'S A
30:05 - DIFFERENCE BETWEEN OWNERSHIP
30:07 - AND OPERATION SO IF YOU COULD
30:09 - GO. RIGHT.
30:10 - >>I THINK OFFICIALLY HAS NOW
30:12 - WHEN YOU HAVE YOUR HONOR I
30:13 - APPRECIATE THE EXTRA TIME THAT
30:14 - WAS AFFORDED TO ME AND I IN US
30:17 - OFF ONCE AGAIN. THANK
30:25 - WE WILL HEAR NEXT FROM.
30:33 - WELL, I'M NOT
30:34 - SURE THE ORDER THAT MISTER
30:35 - EMMER OR THAT MISTER CAMP.
30:41 - >>AFTER CAMP.
30:43 - THANK YOU RON.
30:44 - >>IT'S AN OUTSIDER WHO
30:55 - SUNRISE TO A JOB GOING BACK
30:57 - INTO SOME OF YOUR QUESTIONS
30:59 - BECAUSE ANY BETTER
31:00 - FOR YOU. AND I THAT THEY NEED
31:03 - TO BE FOR THE
31:04 - RECORD REST WHO INITIATED THE
31:06 - SECOND HERE
31:07 - THIS IS SO YOU'RE LIKELY TO
31:10 - FEEL ONLY THING I WISH IS FOR
31:15 - VACATION PASS AN EARLY IMPACT
31:18 - HULU'S TO GO FOR DINNER.
31:20 - THERE ARE SEVERAL PASTORS VERY
31:21 - IMPORTANT. WE WILL
31:22 - COME BACK. IT TAKES NOTHING
31:25 - ELSE FROM THE SCENE ONLY
31:27 - ORDINANCE TODAY. IN THIS.
31:31 - THE THINGS THAT MATTER ALMOST
31:34 - CAUGHT FIRE. IN THAT AREA.
31:37 - MY SON. REPEAT
31:39 - THAT AGAIN. IT MEANS THAT
31:45 - IT SAID IN PART BECAUSE A LOT
31:47 - OF
31:48 - THINGS DIFFERENTLY. YOU ABOUT
31:50 - THE CITY'S THINGS OF THAT
31:53 - NATURE THINGS THAT WERE IN
31:54 - PLACE WHEN HE WAS IN THIS CASE.
31:58 - AND RIGHT PRETTY SOON THAT
32:00 - THOSE ARE THOSE ARE IN IT AND
32:02 - WHY WHY THE DOW THIS YEAR
32:04 - TO 4 OTHER ISSUES IN THE
32:06 - INTERPRETATION OF THE AL GORE
32:13 - WHAT CONTROLS YOU.
32:18 - I SEE THE TOURNAMENT.
32:23 - THINKING IT'S A
32:26 - CITY NORTHEAST. 2 INDEPENDENT
32:28 - BASES TO AFFIRM THAT TOO WHO
32:31 - SHOULD AND SHOULDN'T COME FROM,
32:33 - YOU KNOW WHAT ARE SUSPICION ON
32:34 - THE ROAD.
32:36 - THE CITY HERE MEETINGS FOR US
32:38 - SPECIAL SECTION
32:41 - 5622 MAY. ONE OTHER THING IS
32:43 - CELIA WAYS FOR PROJECTS.
32:46 - IT'S YOU KNOW PROJECTS HERE
32:49 - OR NOT SATISFYING OR 2.8 IN
32:52 - THIS TOWN
32:53 - IN THIS IS THESE PROJECTS TO
32:56 - SUSTAIN CURRENT AND FORMER
32:58 - BEING ONE WORKER WHO DID BY
32:59 - FULLY IT IS JUST WORKING ON
33:03 - WORKING ON AND THE CITY OF
33:05 - CHESTER.
33:10 - A FLIGHT SCHOOL TO PROJECT THE
33:12 - CHARACTER WAS TO TELL YOU THE
33:14 - POWER TO ESTABLISH WHO CAN
33:16 - WORK PROPERLY. IN THIS INTENSE
33:19 - SINCE IT IS
33:23 - OF HALEIGH I WAS POWERFUL
33:27 - THERE'S NOTHING IN THESE IN
33:29 - THESE CASES
33:29 - STATUS IS THIS SHOW YOU A
33:32 - PROJECT WHICH IS WELL OUTSIDE
33:34 - THE
33:34 - CITY LIMITS. IT'S SOMETHING
33:35 - THAT THE CITY FINALLY
33:37 - ESTABLISHED TO DO THAT IN FACT.
33:39 - >>BUT MISTER CAN'T WHY DOES IT
33:41 - MATTER TO BE THE PROJECT.
33:45 - IF A SINGULAR PROJECT OF THE
33:46 - CREATION OF A WATER. AND SEWER
33:49 - AUTHORITY.
33:52 - WE'RE READING PROJECT TO
33:55 - WITH.
33:56 - >>AREA OR OR THAT THERE MIGHT
33:58 - BE A SEPARATE PROJECT FOR EVERY
34:00 - SERVICE AREA.
34:04 - >>NO YOUR HONOR IF YOU LOOK AT
34:05 - THE DEFINITION
34:06 - OF PROJECTS IN THE OLD
34:09 - DAYS CITATIONS SECOND IN IT'S A
34:15 - IT IS. IT IS A SPECIFICALLY
34:18 - DEFINED TERM. 2 YEARS.
34:24 - CLUES VARIOUS PHYSICAL
34:26 - THINGS AND OTHER THINGS OF THAT
34:28 - NATURE AND IF YOU HAVE ALSO
34:29 - LOOK AT TAX. SO
34:30 - DEEPLY SELF AND I
34:33 - SEE IS IN THAT SUBSECTION G OF
34:36 - 6610
34:37 - THAT'S FOR SHEDS LIGHT ON THE
34:39 - PROJECT IS BY THE FUNNY THINGS
34:40 - LIKE GOING TO WARM US SPORTS
34:42 - FANS AND OTHER THINGS OF THAT
34:44 - NATURE SO THE CWA
34:46 - ISN'T HE IS NOT SYNONYMOUS.
34:49 - ITS PROJECTS. IT'S FRIDAY, THE
34:51 - CEILING WAYS IS A CORPORATE
34:53 - ENTITIES IN
34:54 - THE STATE AND THE CREATION OF
34:59 - THAT IT'S A IN ORDER
35:03 - THEY INCLUDE THE BATTLE TO SAVE
35:05 - THE TIME EXPANSION OF THE
35:06 - PHYSICAL PLANT ETCETERA SO
35:08 - IF YOU'RE ON A THERE ARE
35:10 - 2 DIFFERENT THINGS IMAGINE WHAT
35:13 - THAT CONNECTION WITH THE
35:14 - DEFINITION IN WE NEED ITSELF.
35:19 - >>MISTER CAN ARE YOU ARE YOU
35:20 - TAKING THE POSITION THAT WHEN
35:21 - THE CITY WHEN IT APPOINTED
35:23 - BOARD MEMBERS CHOSE TO EXPAND
35:26 - SERVICE BEYOND THE CITY
35:27 - BOUNDARIES THAT THE CITY
35:29 - FORFEITED
35:30 - ITS RIGHT TO RECALL THE
35:33 - AUTHORITY AND IS ALL THAT.
35:35 - >>YOU KNOW OUR POSITION
35:36 - YOUR HONOR IS THAT 73%
35:39 - ISSUE, ADDITIONAL TEAMS, THE
35:42 - CWA SOMETHING THAT WAS WHO
35:44 - REALLY WANT TO RISE. FOR A
35:47 - MOTIVE IN
35:47 - MANY JURISDICTIONS A 4 UNIT
35:50 - OPERATING AND WHAT THE
35:51 - OPERATING IN MANY JURISDICTIONS
35:53 - FOR THE ACT WITH A MENTOR ACT
35:54 - THE BETTER THAN ENDED.
35:56 - >>YES, IT WE DO. THAT'S ON
36:00 - THE SCENE. IT
36:03 - >>I AGREE I AGREE BUT THE FEAR
36:04 - THAT WHEN TRYING TO STAND AGAIN
36:05 - IS THAT YOUR POSITION THAT WHEN
36:08 - THE AUTHORITY BOARD WHICH WAS
36:11 - FULLY APPOINTED BY THE CITY OF
36:12 - CHESTER.
36:13 - >>IT SHOWS TO EXPAND ITS
36:14 - SERVICE BEYOND THE CITY.
36:16 - THAT'S GOOD ESPECIALLY
36:18 - GAVE UP ITS PUT AWAY THE STATUE
36:20 - YOU'RE ARGUING THAT BECAUSE THE
36:21 - SERVICES BEYOND THAT WHICH THE
36:23 - CITY IS EMPOWERED TO GIVE AND
36:25 - THAT HE CAN'T TAKE IT BACK AND
36:27 - MY QUESTION IS THEN THE
36:29 - NATIONAL NATURAL WALKER A
36:31 - DEPOSITION IS THAT'S WHY THE
36:34 - BOARD THE AUTHORITY CHOSE TO
36:36 - EXPAND THEIR REACH BEYOND THE
36:37 - BOUNDARY, THE CITY FORFEITED
36:39 - ITS RIGHT THAT A PROJECT BACK.
36:42 - >>I AGREE
36:44 - FIRMS WELL I BY PASS IS A NICE
36:47 - AND FREE.
36:48 - WISH THAT
36:50 - WAY IN BUT BY MAKING UNITY
36:53 - IN UNITY. AWARD WINNING BY
36:57 - MULTIPLE ENTITIES AND CHANGE
36:59 - THE APPLICATION FOR THE 6
37:01 - SCHOOLS IS A SPACE 2 IN A STORY
37:04 - LIKE THIS
37:05 - EITHER WAY IT'S THE 55TH THERE
37:08 - WAS NO CHANGE THE 55TH 22 WANT
37:09 - TO PLAY.
37:10 - >>I'M NOT SAYING THAT THERE WAS
37:11 - A CHANGE TO 56 LEAD TO THE
37:13 - CASE. WHAT I'M SAYING IS THE
37:15 - APPLICATION AND I APOLOGIZE
37:17 - WAS UNCLEAR. WHAT I'M SAYING IS
37:19 - THE APPLICATION OF THE I
37:22 - ACTUALLY TURN.
37:24 - APPLY TO
37:25 - THE CWA AS A RESULT OF THE
37:28 - CHANGES IN A SECOND. I
37:30 - ASKED 73 IN SECTION 56 AND THEY
37:33 - WANT.
37:34 - 4 YEARS LATER THAT ALSO DOESN'T
37:36 - MATTER BECAUSE THE MINUTE THE
37:37 - CITY'S APPOINTED BOARD.
37:39 - >>IT SHOWS TO EXPAND SERVICE
37:41 - BEYOND THE CITY. THIS DAY THE
37:43 - POINT IS BORED FOR BID FOR
37:45 - THE CITY THE RIGHT TO GO BACK
37:47 - TO WORK.
37:50 - >>I DON'T KNOW WHETHER I
37:51 - CAN SAY.
37:54 - IN NOW AT THE TIME OR WHAT HE'S
37:56 - SAYING NOW IT WAS RISING AS
38:00 - IT WAS POORLY OFF
38:01 - THE ROSE. WHY THE MOVIE IS YOUR
38:04 - STATION ABOARD.
38:05 - IT WAS AS A RESULT OF THOSE
38:07 - CHANGES SECOND BY
38:08 - SECOND GRADE IN TERMS OF 56 1,
38:12 - 2, A. LONGER.
38:16 - >>SO YOU'RE SAYING THAT EX 73
38:24 - WHAT WAS ORIGINALLY SECTION 18
38:26 - AND NOW A 5622.
38:32 - >>I'M 6.56,
38:39 - CHASE FIRST OF ALL IT'S IN
38:45 - LESS IMPORTANT.
38:50 - I SURE UNDERSTAND YOUR
38:52 - QUESTION. WHAT I'M SAYING IS
38:56 - THAT. I
38:58 - SUDDENLY 3 NICE TO SEE YOU KNOW
39:03 - HOUSE WAS NOT ABLE TO BUY
39:06 - THINGS DOWN AND THEREFORE 56.11
39:09 - JUST DOES NOT APPLY TO CURRENT
39:11 - LET ME BE CLEAR ABOUT SOMETHING
39:12 - NEW COMING BACK TO YOUR HONEST
39:14 - QUESTIONS. IF WE LEAVE
39:16 - IT THERE. THE COUNCIL FOR.
39:19 - ME WE
39:20 - ARE NOT.
39:21 - >>THE CW IS DURING SCHOOL FOR
39:23 - ANY WAS ARE ASKING THIS COURT.
39:27 - IT'S LIKE IT'S
39:28 - LEANING TOWARDS. SO THE CASE IS
39:30 - THEY WANT TO SEE BECAUSE THAT
39:31 - WAS THE CASE FOR THEY WERE
39:32 - ASKING FOR IT SAYS
39:33 - THE COURT. IT WAS SWEPT THE
39:36 - CITY WE'RE DOING FOR FOR
39:38 - BASICALLY ASKING TO USE
39:41 - THIS COURT TO KANSAS ACTION FOR
39:42 - EASING FOR PATIENTS WHO
39:44 - HER PROBATION AND YOU DON'T GET
39:46 - TO FLY 56 TO 2 MAIN ONES ON ITS
39:49 - FACE.
39:53 - >>I'M STILL HAVING
39:54 - TROUBLE WITH YOUR 5610.
39:57 - ARGUMENT IF ANYTHING APPLY NOW
39:59 - UNDER 5610 E.
40:05 - YOU LET US DECIDE 5622,
40:07 - LANGUAGE. IF THERE'S ANYTHING
40:09 - ELSE TO IMPLY THAT
40:11 - WHAT WHAT LIES UNDER A SOURCE
40:15 - FUNDING BODY.
40:17 - >>AND HE SAYS TO ME IS YOU KNOW
40:19 - IN ORDER TO EVEN BUY 3 TIMES.
40:22 - >>NOW THAT'S NOT THE
40:23 - QUESTION GO. THE QUESTION I
40:25 - HAVE IS WHAT 156 10.
40:28 - SLICE IF YOUR ARGUMENT
40:31 - BECAUSE THAT'S WHERE STATUTORY
40:32 - LANGUAGE IS A 5610 1 IN 2.
40:37 - IS IT TOO. WHAT DO
40:39 - YOU USE.
40:44 - >>SEEMS THE NATURE OF THIS YOU
40:45 - KNOW THE WAY.
40:50 - STATION WILL.
40:52 - >>AUTHORITY WHO LEAGUE OR POINT
40:54 - OF VIE IT WAS A POOL.
40:56 - >>JURISDICTIONS OK AND ASKED
40:58 - THE BOARD.
41:00 - IT CONSTITUTES STATE AUTHORITY
41:08 - WHAT'S NOT THAT DOESN'T ANSWER
41:09 - THE QUESTION. I SEE IT'S
41:12 - ALREADY TO DISSOLVE.
41:18 - >>IF YOU APPLY IN TERMS OF 56
41:21 - THE EXERCISE BUY MORE OF WHO
41:24 - CAN BUY A MEANS OF VALLEY WE
41:26 - WANT TO SHOW OFF THE PROJECT HE
41:29 - SAYS 22.
41:31 - IT'S WILLING TO PAY HER EX.
41:38 - APPLY CENT. IT ALSO
41:40 - DOES NOT BECAUSE THIS COURT IS
41:42 - NOT ON BOARD WHEN YOU BUY
41:43 - A PROBLEM AND WHEN SECTION
41:46 - INCLUDING THE CASES CITED BY
41:48 - HOMES. EAST LINE ONE.
41:52 - IT WAS A CLEAR FIELD ONE WHITE
41:55 - WOMAN WHO WORK IN THIS HOUSE
41:57 - WHICH IS NOW TOO FAST. INSIDE
42:01 - AND OUT.
42:02 - >>IT'S MORE OF YOUR SIDE IS IT
42:04 - THE 5622 A AND
42:07 - WATERWORKS WATER SUPPLY ALL
42:09 - WORKS POINT DISTRIBUTION
42:10 - SYSTEM SWITCHES. THE DEFINITION
42:12 - UNDER 56 '07
42:14 - A 10. JUST BECAUSE YOU MIX IT
42:17 - DOESN'T CHANGE THE NATURE IT'S
42:21 - WORSE A HOUSE FIRE NEVER
42:25 - DOING HERE.
42:27 - >>IS THE PROJECT'S WELL MAKE UP
42:29 - A MORE SYSTEM THIS YEAR.
42:31 - >>OK SO HOW HAS THE PROJECT
42:34 - THAT WAS ESTABLISHED THE
42:35 - LANGUAGE AND OR 5622 MAY IN
42:38 - OTHER WORDS CAN WE KNOW WHAT
42:40 - CAN WE STOP LOAN
42:41 - THAT LANGUAGE. THE PROJECT IS
42:43 - ESTABLISHING IS CHAPTER WAS
42:45 - COURT APPOINTED BY A
42:46 - MUNICIPALITY WHICH WAS THE
42:47 - SCENE. WELL THEY'VE DONE NOW IS
42:50 - EXPANDS UNDERSTAND
42:52 - THE SEA. A FOUR-STORY A PROJECT
42:55 - THAT THE PRICE.
43:01 - >>I RESPECTFULLY I TAKE ISSUE
43:03 - WITH THAT IS THAT THE CHANGES
43:05 - BECAUSE.
43:08 - AS YOU LOOK AT 56 WINS IN THIS
43:10 - STREAK GOING FORWARD IN PRESENT
43:13 - TENSE.
43:17 - IT IS ONLY
43:18 - A CHARACTER. WE'LL SEE HAS THE
43:20 - POWER
43:21 - TO ESTABLISH. YOU SICK IT
43:24 - DOESN'T MUNICIPALITY, I THINK
43:26 - THERE ARE 2 YEARS.
43:27 - >>AUTHORITIES CREATED BY
43:28 - MUNICIPALITIES LIKE ORDER TO
43:30 - HALT TO GO IN.
43:35 - MISSISSIPPIANS.
43:42 - >>I'M NOT SURE ABOUT THEM
43:43 - AND LEARN SO REALLY I THINK
43:46 - THAT HAS TO GO.
43:49 - IF THEY DO HAVE THE AUTHORITY
43:51 - TO PROVIDE WATER.
43:55 - TILL
43:55 - 6, 2, PENALTIES BY THE GREEN
43:58 - AND YOU KNOW AS YOU CAN GET
44:00 - WATER WILL GIVE YOU MORE WATER.
44:03 - IT'S 6 FOLD TO SCHOOLS I COULD
44:05 - STILL WORKS PROJECT JUST 6
44:08 - FEET.
44:14 - >>THIS IS A SPECIFIC MULTI-YEAR
44:15 - STATION FIRE THAT SITS IN THE
44:18 - DEFINITION OF.
44:21 - 56 ANYONE IN THE CITY PROVIDED
44:24 - TO LETTERS AND STATION.
44:27 - WHO WILL GO INTO THE STORE
44:29 - OPERATOR PRIVATE AND FRANKLY
44:31 - YOUR HONOR TO BE TIMELESS TO TO
44:35 - BUT.
44:37 - HIS IDENTITY 6, 1, 2, A 4
44:39 - MINUTE WE'VE GOT AN INITIAL
44:41 - PERSPECTIVE IN
44:41 - 24 HOURS. SO YOU KNOW A CITY
44:45 - LIKE THE CITY OF
44:48 - BOARD AND IT'S SOMETHING PUT
44:50 - INTO THE OPERATIONS OF THAT
44:52 - PROJECT. WHAT IS THE REST OF
44:54 - THE BOARD'S DECISION MEANS THEY
44:55 - CAN SOMEHOW THE PALACE JUST SAY
44:57 - I MEAN I THINK YOU'RE REFERRING
44:59 - TO 5610 ACES EXACTLY WHAT I'M
45:01 - SAYING.
45:02 - >>YOU CAN HAVE A WATER SOURCE
45:04 - STORY WAS INCORPORATED BY ONE
45:06 - USED TO THAT'S THE CITY HERE.
45:08 - THEY CAN FLY WATER SERVICE
45:10 - SEARCHERS TO RESIDENTS IN IT
45:12 - COMES TO PENALTIES AND WE TALK
45:14 - ABOUT THE COMPOSITION OF
45:15 - THE BOARD.
45:27 - COURT
45:27 - KIND BY
45:39 - >>AND THAT MEETING WAS
45:43 - TO THE HIGH COURT. THEY ARE WE
45:45 - WE BOARD MEMBERS OUT 9.
45:47 - IF WE WERE NUMBERS BY THE CITY
45:49 - OF CHESTER TO YOU BY DELAWARE
45:51 - COUNTY IN 3 BY JUST A FEW.
45:56 - AND AGAIN THAT'S WHY I SAY IT'S
45:57 - IT'S IT'S CRITICAL TO LOOK AT
45:59 - THE PRESENT TENSE LINE WHICH IS
46:02 - TERMS OF ITS APPLICATION WILL
46:04 - AFTER ALL. THE
46:05 - ONLY WAY IN FACT THAT WAS HOW
46:08 - WE WOULD AND SIMILAR
46:10 - WHEREAS PRIOR VERSIONS OF THE
46:12 - REALLY MISSING OR IN COURT.
46:14 - IT'S BEEN
46:15 - TAKEN OUT IT'S A DEFINITION WE
46:17 - WAYS OF THE CLINTON WHO FITS
46:19 - WITHIN
46:20 - 5623 FLEET WORKS IF I COULD
46:22 - JUST COME BACK ON SHORT 1 ONE
46:25 - SO I WANT TO SUMMARIZE A COUPLE
46:27 - WHOSE SON WAS LESS A 56 '07.
46:33 - IT IN TERMS OF RECONCILING
46:35 - THOSE 2. A SUPREME COURT CASE,
46:38 - LET'S
46:40 - THE ADDRESS IS THAT WORSE
46:41 - DURING THE SPELLING SAYS
46:42 - BECAUSE OF THE 6, 1, 2, A
46:44 - AUTHORITIES DO NOT
46:46 - TRANSFERRED FRIDAY AND THE
46:48 - SUPREME COURT SAID YES INTENT
46:49 - ON THE 66 OF 78 AND I THINK
46:53 - THAT ISSUE IS ONE OF THE TRIAL
46:55 - LASTED LESS THAN
46:56 - 4 YEARS. AND I SAY IT'S UNCLEAR
46:58 - IT'S A NEW SCHOOL WITH ISSUES
47:01 - LIKE THE CONSTITUTIONAL ISSUES
47:02 - RAISED SOME OF THE
47:03 - ENVIRONMENTAL
47:03 - A SON. IT'S A LARGER ISSUE HERE
47:06 - WITH
47:06 - THE STRENGTH OF ON THE MOTION
47:10 - FOR JUDGMENT ON WHO IS ABOUT
47:12 - THE
47:12 - WHOLE CASE. IT'S FOR THE WHOLE
47:16 - SAY. WELL SHOULD WE LOSE IS
47:19 - THAT I
47:20 - I MENTIONED INSIDE WE CAN
47:22 - BECAUSE THERE ARE SEVERAL
47:23 - ISSUES AND SO WE'RE FINE TRIAL
47:25 - COURT RULING THAT 56 AND SAID
47:27 - THE ISSUE WAS
47:29 - IS IT IS STILL ON THE BACK
47:31 - SALUTING FOR E ISSUE THAT
47:35 - THIS COURT. ME FOR OR BUT WHEN
47:39 - THE 2 DAYS TO THAT.
47:44 - EXCUSE.
47:45 - >>SO IF WE IGNORE 56 1, 2,
47:51 - AROUND
47:51 - 6 5622 A YEAR ANY PREVIOUS
47:57 - SAY TO COULEE INTENDED TO GIVE
48:01 - MUNICIPALITY COOL AUTHORITY TO
48:04 - ACQUIRE PROJECT.
48:13 - BUT TO SANTA.
48:22 - IN LINE IN
48:26 - SO WHY DO YOU INTERPRET THIS TO
48:28 - BE CONSISTENT. SO LONG AS
48:30 - THERE'S LOT DAY ATTEMPTS BY THE
48:32 - CITY TO TELL.
48:34 - CHIEF THE 6, 2, 2, 8,
48:38 - THE AUTHORITY CAN DISPOSE OF
48:40 - THE
48:42 - ITS CONTRACT FOR SOMEONE ELSE
48:48 - >>I AGREE TO RECEIVE HIS MEDIA
48:50 - ALREADY HAS HAS THE POWER.
48:53 - 56 7. IF YOU DO WHAT YOU WANT
48:56 - TO DISPOSE OF THE OTHER
48:58 - PROJECTS, HE HAS A
48:59 - NEW LAW AND THAT GOES TO THE
49:02 - POINT I WAS JUST MAKING
49:05 - >>IT'S EASY ON SITE.
49:06 - IF YOU ACKNOWLEDGE THAT AND YOU
49:09 - KNOW IT'S THAT THE LEGISLATURE
49:11 - IN CLEARLY INTENDED
49:13 - 5622 TO PROVIDE THIS ALREADY TO
49:16 - THE INCORPORATING IN THIS UP
49:17 - ALI TO SQUARE PROJECT
49:20 - ASKING US NOW TO IGNORE THAT
49:21 - CLEARLY JUST AND THEN SERVE
49:25 - RESULT. NO NO WE ARE I'LL
49:27 - ADDRESS THAT.
49:28 - WELL ACTUALLY.
49:29 - >>WE ARE ASKING YOU WHY 50
49:38 - ONLY APPLIES TO
49:41 - SOUTH THAT'S NOT TO SUPPORTED
49:43 - BY FOR IT.
49:45 - AND SECONDLY THERE HAS TO
49:47 - BE PRESENT WHEN THE CHARACTER
49:49 - THAT THE MUNICIPALITY HAS THE
49:51 - POWER TO BE SEEN. ESTABLISHMENT
49:54 - RIGHT.
49:56 - YOU KNOW
49:57 - PROJECTS OR MOVEMENT OF THAT
49:59 - CHARACTER THE MOVIE
50:00 - JURISDICTIONAL
50:01 - IN NATURE AND I ALSO LOVED I'M
50:04 - SORRY BUT I HAVE TO ASK YOU
50:05 - THIS HOW DO YOU GET AROUND 5610
50:07 - A POINT TO AND SAY THAT.
50:14 - >>AROUND FOCUSES.
50:16 - IS THIS
50:17 - A STORM.
50:20 - IT SAYS TO ANYONE WHAT THAT
50:22 - SOLUTION TO USE THE CWA.
50:27 - >>BY SERVICE IS SUBJECT TO 5620
50:30 - TO IT.
50:32 - ENJOY THIS IS A THIS IS FROM
50:39 - THE CEO STAN HOOLEY IS NOT A
50:44 - IT'S IT'S NOT A TENSE WAITING
50:47 - LIKE THAT. IT'S A 56 POINT TO
50:49 - WHERE AND WHEN WE FIND SIR IT'S
50:51 - JUST DOES NOT FLY. WE SEE THIS
50:53 - EXTEND A WARM BEFORE.
50:56 - THAT'S AND THAT'S A SERIOUS I
50:57 - THINK I CAN CLEAR.
51:07 - JUST A TWO-POINT SIT WITH THE
51:08 - COURTS AND GOLD IS VERY
51:10 - QUICKLY. THERE WAS REFERENCE TO
51:12 - THE CLEARFIELD LINE OF CASES
51:14 - AND ALSO THE SOUND YOU KNOW
51:15 - CHUCK E SO HERE'S YOUR PHYSICAL
51:17 - PLACE. SO YOU
51:19 - FLY BUT THE COMMENTS STATES
51:23 - WANT AMENDMENTS WELL IN
51:26 - 2001 THAN THIS.
51:30 - BEFORE HE SAYS IT IS NOT
51:32 - ADDRESSING WAS THAT SHE WAS
51:35 - NOT. YOU.
51:43 - LIVING WITH ONE OF
51:44 - THE BOARD AND THE REASON
51:46 - FOR CASE. I THINK WE'RE GOING
51:47 - TO LEAVE HIS WHOLE NO CITY IN
51:50 - 4 FIELD SAYS. IT SAYS THAT FOR
51:52 - ME TO DO THAT THROUGH THE 40'S
51:55 - 50'S 6 ONE TO PAY. IS
51:58 - THE BOARD
51:59 - OF WHO SHOULD GO FORWARD NOT
52:01 - THE CITY I DON'T THINK THOSE
52:02 - 40'S TO GET THEIR LIVES.
52:06 - IN TERMS OF
52:06 - 56 1, 2, A BUT IF HE POUNDS AND
52:10 - IS GOING TO HAVE TO ADDRESS
52:11 - THAT ISSUE IN THE PARK IS ALSO
52:13 - A KEY SITE IN BIRTHDAY TOO.
52:16 - TOWNSHIP DECISION THAT I
52:17 - MENTIONED THAT IS IN SOME OF
52:19 - THE 4 GROUPS.
52:24 - QUESTION SORRY.
52:28 - >>ALL RIGHT WE WILL HEAR NEXT
52:30 - FROM MISTER EMMERICH.
52:32 - >>GOOD MORNING, YOU'RE OTHERS
52:33 - MAY PLEASE THE COURT AS HIS
52:35 - FRIEND CAMERA AND WE HAVE THE
52:36 - COUNTY CHESTER. IT JUST HURTS
52:39 - TO BREATHE PRACTICAL ALSO LIKE
52:41 - TO RAISE IF THE COURT IS THE
52:43 - CENTER. THESE ISSUES.
52:46 - BY
52:47 - THE CITY IN AUCKLAND USE A 5622
52:50 - ISN'T IT IS
52:51 - 5 5610 POINT. WHEN THEY NEVER
52:54 - EXPLAINED TO THE TRIAL COURT
52:56 - AND HAVE NOT EXPLAINED IN THE
52:57 - BRIEFING HERE AND HOW YOU CAN
52:59 - JUSTIFY THE LEGISLATIVE INTENT.
53:02 - 56
53:04 - ONE. IT DOES SEEM TO ME.
53:08 - ALREADY INTERESTS. LESS THAN
53:11 - 20% IN INTEREST IN THIS WITH
53:13 - OUR PIECE ON RATEPAYERS AND
53:15 - THEN IF YOU INCLUDED
53:17 - CONSIDERATION ALL. THE POLLING
53:19 - STATIONS WHERE THE WATER IS
53:20 - COMING FROM REACHING FROM ALL
53:22 - THAT ALL THOSE EXTRA THAT
53:24 - JURISDICTIONAL TO THE. TURNED
53:27 - TORY THE CITY OF CHESTER.
53:30 - IF THE 6 1 GIVES
53:32 - AN EQUAL
53:34 - GOVERNING RESPONSIBILITY ON THE
53:36 - BOARD ONE 3RD ONE 3RD ONE 3RD
53:38 - TO THE BOARD MISTER EMMERICH
53:40 - MISTER IT MAY BE THE
53:41 - LEGISLATIVE INTENT WAS THEY
53:42 - FORGOT ABOUT THE 22 AT.
53:47 - >>IT'S JUST PROCESS THAT IS
53:48 - PERHAPS THE MAY SHUN FOR HIM
53:52 - TO QUIT. I
53:54 - I THINK SO BECAUSE WHEN YOU
53:55 - ALSO CONSIDER WAY IS TEACHING
53:58 - SEE IS THAT. THERE IS ALSO
54:01 - A CHANGE
54:04 - 173.
54:05 - ANY CHANGES TO
54:08 - WANT AND SOMETHING I THINK IS
54:10 - IN POOR SUGGEST A LEGISLATIVE
54:13 - ALMOST ALL TO ITALY WHERE THE
54:14 - CITY AND WE'RE TRYING TO
54:16 - TAKE THIS. IT IS GOING TO GO
54:19 - THROUGH THE PROVISIONS OF DNA
54:21 - AND IT IS CLEAR THAT.
54:24 - THE ASSET IS IT IS THE RED
54:27 - HANDS ASSET. OKAY
54:29 - WITH THAT YOU LOOK AT YOUR OWN
54:30 - PROVISION THAT THEY SAY 5622 SO
54:33 - THEY RELY ON, YOU KNOW SOME
54:35 - SECTION D IT TALKS ABOUT
54:37 - RESERVE IS IT WAS A TALK A
54:39 - LITTLE RESERVED SAYS DAN.
54:41 - ANY MONEY AND THE AUTHORITY
54:42 - FOLLOWING THE TRANSFER
54:44 - THE PROJECT MOSTLY ME WITH SOME
54:46 - PROJECTS FOR THE PURPOSES OF
54:48 - OPERATING THE PROJECT
54:50 - AND THEN WE'VE BEEN TALKING
54:51 - ABOUT TODAY ABOUT 56 '07.
54:53 - AND YOU LOOK AT 39. AND ANY
54:56 - TRANSFER THERE AND AGAIN THE
54:58 - LEGISLATIVE INTENT IS CLEAR
55:00 - INSTEAD
55:01 - HIM, THE ASSETS HAVE TO FLOW
55:03 - DOWN TO PLANNING COMMISSION NOT
55:05 - THE SPENDING AND LAST ON BEHALF
55:07 - OF THE ENTIRE SERVICE YEAR.
55:10 - AND THEN YOU GET TO WEAR.
55:11 - IT'S THE CITY, YOU KNOW I WANT
55:13 - TO SAY WELL LEGISLATOR AND
55:15 - NO 10. NO FOCUS ON
55:19 - 5622 AND ALL THE CHANGE THE
55:21 - GOVERNING BOARD BUT BUT AGAIN
55:24 - 5612 ANYONE. ALSO REITERATE ITS
55:28 - PART OF THAT 73 REINTERPRETS
55:30 - THE FOCUS BUT THE MONEY THAT HE
55:32 - MAY NOT BE USED FOR
55:34 - ANY PURPOSE. I KNOW YOU'RE
55:36 - ACTUALLY REALLY TO MISSION AND
55:37 - PURPOSE AND YOU ARE.
55:39 - SO THE WOULD NOT
55:41 - BE EXPLAINED. HOW HE CAN AGAIN
55:45 - BE A
55:45 - MINORITY INTEREST. OKAY, ONE
55:47 - 3RD OF OUR PRESENTATION ON THE
55:49 - CUTTING BOARD. OK
55:51 - AND YET A
55:52 - UNILATERAL ABILITY TO SELL
55:55 - DISPOSE
55:55 - THE ASSET. THIS IS THE WORST
55:57 - THING YOU KNOW I USED TO TALK
55:59 - ABOUT TAKING THE BALL AND GOING
56:00 - HOME. THEY'RE TAKING THE GAME.
56:02 - IT MEAN FOR EVER.
56:04 - HOME WITH THEIR MOST ANIMALS IS
56:06 - ARTICULATED BY BUT COUNCIL FOR
56:08 - IRAQ WAS A 400 PLUS MILLION
56:10 - DOLLARS DEAN IN FOR IF THEY
56:13 - WANT TO TAKE HOLD.
56:15 - 956 22.
56:17 - SO PURPOSES OF OPERATING
56:18 - MAINTAINING AND IMPROVING HIS
56:20 - STANDING WITH PROJECT. NOT FOR
56:22 - 56 '07 D FOR THE BENEFIT OF THE
56:25 - ENTIRE
56:25 - SERVICE AREA. I'M THEY HAVE
56:28 - COULDN'T THEY HAVE ALWAYS DONE
56:30 - THAT I MEAN IF IF THE
56:32 - THE AUTHORITY.
56:33 - >>THE AUTHORITY HAD A CANDID
56:34 - SERVICE OUTSIDE OF THE CITY A
56:36 - CHAPTER PRIOR TO THE PASSAGE OF
56:38 - ACT 78.
56:39 - THEY ALREADY HAD ASKED THAT
56:40 - OUTSIDE OF THE CITY OF CHESTER
56:41 - PRIOR
56:42 - TO THAT. NOW IT YOUR POSITION
56:44 - THAT THE MINUTE THEY STARTED
56:45 - PROVIDING SERVICE TO RATEPAYERS
56:47 - OUTSIDE OF THE CITY OF CHAPTER
56:49 - THEY FORFEITED THEIR RIGHT
56:50 - UNDER 50 PICK 22.
56:53 - >>IF YOU DON'T THINK WE HAVE TO
56:54 - GO WITH THAT AND WITH IT
56:56 - THE CHASE. WHAT IS HAPPENING
56:57 - THE THE YOU KNOW IT'S A
56:59 - LEGISLATOR HAS
57:00 - COME IN. HERE IN THE
57:04 - LEGISLATURE DIDN'T COME AND I'M
57:05 - TRYING TO UNDERSTAND BECAUSE OF
57:07 - BEING THE FOCUS.
57:08 - >>OF YOUR MISTER CAN'T ARGUMENT
57:09 - IS WELL THEY'RE NOT PROVIDING
57:11 - SERVICE TO THE CITY OF CHESTER
57:12 - THERE'S MANY MANY
57:13 - MORE PEOPLE INVOLVED HERE AND
57:15 - THERE'S MANY MORE FACILITIES
57:17 - INVOLVED HERE OUTSIDE THE CITY
57:18 - OF CHESTER
57:18 - AND THAT THAT THE LEGISLATIVE
57:20 - INTENT AND THAT'S WHY THE EVENT
57:21 - WHEN THE BOARD WELCOME BACK WHY
57:24 - EVERYTHING HAPPENING
57:25 - NEXT 78. THEN THEN I I GO BACK
57:28 - TO MY QUESTION DOES THAT MEAN
57:30 - THAT LOOK WITH HIM BACK 78
57:31 - DIDN'T HAPPEN IN THE CITY FILED
57:34 - THAT PETITION TO TAKE BACK.
57:36 - THE AUTHORITY WHAT WOULD YOUR
57:37 - ARGUMENT BE AGAINST IT.
57:39 - >>WELL THAT POINT YOUR HONOR AS
57:41 - YOU GO BACK TO 5622, OTHERS
57:43 - KNOW 5610 A ONE.
57:45 - AND YOU HAVE TO WALK THROUGH OR
57:47 - ARE THEY A MUNICIPALITY WAS THE
57:49 - PRICE POINT IF I THAT GOVERNING
57:51 - BOARD HE'S HEALTHY CAN THEY
57:53 - MAINTAIN ESTABLISH AN OPERATING
57:55 - AND IF A CLIENT IN
57:58 - SITUATION UP WHERE WE ARE AT
58:00 - THAT TIME THE ABSENCE OF 5610.
58:03 - HE WOULD WALK THROUGH 56.2 8 BY
58:06 - YOUR HONOR THAT WOULD THAT
58:08 - STATUTORY PROVISION IN THERE TO
58:10 - WALK OUT
58:11 - IF YOU'RE
58:14 - ME.
58:15 - >>THE PROVISION OF SERVICE
58:16 - OUTSIDE OF THE AUTHORITY DID
58:18 - NOT FORFEIT THEIR RIGHT TO TAKE
58:20 - BACK 150 PICK 22 OF THEM IN
58:22 - THEY CAN BUY THE CRITERIA THAT
58:24 - COULD EXPLAIN TO YOU.
58:25 - >>I THINK YOUR HONOR BECOMES
58:27 - DIFFICULT FOR THEM TO SATISFY
58:29 - THE CRITERIA. 5622
58:32 - BECAUSE THERE'S A WHOLE
58:34 - DIFFERENT PROCEDURE WELL IT'S
58:37 - ALREADY OPERATING OUTSIDE OF
58:38 - THE STORIES THAT SHOW LIVES.
58:40 - SO THERE'LL BE A WHOLE OTHER
58:41 - LAYER THAT THAT I BELIEVE IN
58:43 - THAT INSTANCE IF HIS TEAM UP
58:45 - 10 YEARS AGO. OKAY THAT BACK
58:48 - TO YOU CITY WENT UP AND GO ON
58:51 - AND GO THROUGH
58:52 - OKAY SHOW THAT IT CAN OPERATE
58:54 - OUTSIDE THE CITY THAT'S A WHOLE
58:56 - DIFFERENT STATUTORY FRAMEWORK
58:57 - TO TO BE FROM ISSUE
58:59 - TO DO IT OUTSIDE SO I THINK YOU
59:01 - HAVE TO FIND OUT. LOOK AT
59:03 - 5622.
59:05 - YOU KNOW I I SUGGEST WHY NOT
59:08 - OUR ALLIES DON'T WANT TO
59:09 - MISLEAD THE
59:09 - COURT ON ONE YES, BUT BUT I
59:11 - BELIEVE IF YOU WALK THROUGH IT
59:13 - IS IT WOULD BE A ROADBLOCK.
59:16 - BY THE TEA TRYING TO DISPOSE OF
59:17 - THE ASSETS IN THE ABSENCE OF
59:19 - 5610. ANYONE.
59:22 - 156 22 BECAUSE IT WON'T BE ABLE
59:24 - TO ESTABLISH OPERATE AND
59:25 - MAINTAIN AND IT'S ALREADY THAT
59:27 - EXCEEDED ITS OWN CITY LIMITS
59:30 - WITHOUT DOING MORE WHICH HAS
59:32 - NOT DONE AND OVER THE COURSE OF
59:34 - THESE YEARS.
59:35 - >>DOES MISTER EMMERICH'S ANYONE
59:36 - HAVE THE AUTHORITY THEN UNDER
59:39 - 56.2 IN NEW YORK ARE DUE TO
59:41 - TAKE A LOOK AT THE PROJECT.
59:44 - DUKE WHERE THE PROJECT.
59:46 - >>IT NEEDS TO BE THE COUNTY'S
59:48 - POSITION IS THAT THE TRIAL
59:50 - COURT AND HE'S ACTUALLY RAIN ON
59:52 - ME. DECISIONS ON THE MOTION FOR
59:55 - JUDGMENT ON THE PLEADINGS IS
59:56 - THAT IT BECOMES UNDER 5610 1 IN
59:59 - 350 DECISION IN EQUAL THE SOLUTION.
01:00 - 03.730 THE CITY IN
01:00 - 07.539 COUNTY IN DELAWARE COUNTY 3
01:00 - 09.089 MEMBERS. BUT THE GOVERNING
01:00 - 12.639 WORK. THE THE
01:00 - 15.190 GIRL POWER TO MAKE DECISIONS.
01:00 - 17.250 >>UNDER
01:00 - 19.609 THIS STATUTE. OF
01:00 - 21.499 GOVERNING BODY ALSO ALWAYS HAVE
01:00 - 22.989 THE STORY ALWAYS HAD THE POWER
01:00 - 24.499 TO MAKE DECISIONS BUT IT WAS
01:00 - 27.039 ALWAYS SUBJECT. TO THE POWER
01:00 - 29.949 AND THE 5622. IF YOU CAN LEAD
01:00 - 30.950 A.
01:00 - 34.299 ACQUISITION BY THE NEWS
01:00 - 35.300 CALENDAR.
01:00 - 37.429 SO WHO HAS A STORY NOW NOT
01:00 - 38.799 TALKING ABOUT THE STORY OF THE
01:00 - 40.719 BOARD WHO HAS THE AUTHORITY TO
01:00 - 41.780 CALL PROJECT.
01:00 - 45.380 >>THE SEASON IS MADE
01:00 - 47.319 YOUR HONOR. IT IS THE COUNTY'S
01:00 - 48.599 POSITION IS THE DECISION IS
01:00 - 49.669 MADE BY THE GOVERNING BOARD
01:00 - 50.670 OF CWA.
01:00 - 53.029 >>IF THE TRIPARTITE I CAN JUST
01:00 - 55.479 ASKING YOU 156 22 GIVES
01:00 - 58.109 YOU THAT IN JUST 5622 IS A
01:00 - 59.409 PROVISION THAT SAYS CONVENES
01:00 - 01.769 BY AUTHORITIES. JULES KELLY
01:01 - 02.889 SAYS SCHOOL DISTRICTS IN
01:01 - 04.270 ESTABLISHED PROJECTS.
01:01 - 07.099 SO YOU HAVE TO GO IN THE 56
01:01 - 09.159 TOLD TO DOPING TO FIND THAT
01:01 - 10.160 AUTHORITY.
01:01 - 12.749 >>NO AND EARLY 86 '07 AND THEN
01:01 - 14.350 AGAIN THE AUTHORITY HAS THE
01:01 - 18.669 THE ABILITY TO GETTING ARGUING
01:01 - 20.949 CERTAINLY CIRCLES BECAUSE THEY
01:01 - 21.370 ALWAYS HAVE
01:01 - 22.930 SO OKAY.
01:01 - 26.620 YOUR PILE.
01:01 - 28.419 >>AND YOU ARE WELL OVER YOUR
01:01 - 29.789 TIME SO IF YOU COULD PLAY OR
01:01 - 30.790 SUMMER.
01:01 - 34.729 >>SURE YOUR JUST 21 LAST
01:01 - 37.179 POINT IS IF YOU HAVE A RACE TO
01:01 - 38.649 THE COURTHOUSE HERE AND IT'S
01:01 - 39.640 BEEN BROUGHT UP SOMETHING
01:01 - 42.870 QUESTIONING. PREVIOUSLY IS THAT
01:01 - 44.989 HE'S YOU A FALL THAT
01:01 - 47.589 RESTITUTION. EXERCISED ITS
01:01 - 49.590 AUTHORITY UNDER 56 '07
01:01 - 51.889 THAT WAS DONE BY UNANIMOUS
01:01 - 53.559 DECISION OF THE GOVERNING BOARD
01:01 - 55.359 BOTH ALL THE REPRESENTATIVES
01:01 - 56.749 SAY THE REPRESENTATIVES OF
01:01 - 58.089 CHESTER COUNTY. A
01:01 - 59.519 REPRESENTATIVE WHO SERVED OUR
01:01 - 02.219 COUNTY MADE THAT DECISION TO GO
01:02 - 05.569 FORWARD WITH THAT. FACT THE
01:02 - 07.729 SOLUTION AND THAT IS REALLY
01:02 - 08.839 WHAT NEEDS TO DO TO BE
01:02 - 11.669 RESOLVED. AND THE TRIAL
01:02 - 13.679 COURT LEVEL WITH
01:02 - 15.889 THIS SO WITH THAT AGAIN WE
01:02 - 17.389 ASKED THE COURT ON BEHALF OF
01:02 - 17.830 THE COUNTY
01:02 - 20.329 AND CHESTER TO FROM THE
01:02 - 21.769 DECISION MADE BY THE TRIAL
01:02 - 24.559 WHO ARE IN ANY DECISIONS ON THE
01:02 - 25.150 JUDGMENT ON
01:02 - 27.489 THE PLEADINGS I'M HAPPY THE
01:02 - 29.129 MATTER GO BACK FOR A FINAL
01:02 - 31.039 DECISION ON THE REMAINING
01:02 - 32.740 ISSUES. THANK YOU FOR THE TIME.
01:02 - 37.759 >>ALL RIGHT MATT GOOD
01:02 - 39.779 MORNING EUROPE AND REMEMBER
01:02 - 40.100 DON'T YOU
01:02 - 41.479 REMEMBER HIM IF YOU'RE IN THE
01:02 - 42.689 PRO BONO FOR THE INTERVENING
01:02 - 43.779 YEARS WHERE RESIDENTS OF
01:02 - 45.599 DELAWARE COUNTY CHESTER COUNTY
01:02 - 46.090 AND THE CITY
01:02 - 47.869 OF CHESTER AS WELL AS YOU GIVE
01:02 - 49.539 YOU A RING MAYORS NAMED
01:02 - 51.159 BENEFICIARIES OF THE TRUST
01:02 - 53.689 CREATED BY ARTICLE ONE IN 27
01:02 - 53.770 THE
01:02 - 55.230 PENNSYLVANIA CONSTITUTION.
01:02 - 57.279 A GENTLEMAN'S GRANTED THE
01:02 - 58.479 INTERVIEW THERE'S A LIMIT THEIR
01:02 - 59.649 ACTIONS IN THE NATURE OF THE
01:02 - 01.139 YEAR AND DISMISSED THE
01:03 - 02.319 COMPLAINT WHICH HAVE BEEN FILED
01:03 - 04.019 BY THE CITY. WHEN YOU MADE
01:03 - 04.310 UNDER THE
01:03 - 07.039 EXPRESS LANGUAGE SECTION 5, 6,
01:03 - 07.650 TO 2 OF
01:03 - 11.079 THE NBA AND ACTS 73 CITY COULD
01:03 - 12.829 NOT UNILATERALLY DISSOLVE THE
01:03 - 16.230 CWA IT IS RESPECTFULLY REQUEST
01:03 - 17.459 IF THIS COURT AFFIRMED
01:03 - 19.409 THAT RULING AND WE RELY UPON
01:03 - 21.359 THE POOR THING THEY'RE FREE TO
01:03 - 22.620 SUPPORT THAT REQUEST.
01:03 - 25.480 IN SEPTEMBER
01:03 - 27.929 27 QUARTER AND WHAT IF ANY
01:03 - 29.509 IMPACT THE CITY OF CHESTER TO
01:03 - 31.709 SEE THE SHIP MAY HAVE ON THE CW
01:03 - 34.379 A SALE BASSETT INNOVATORS WOULD
01:03 - 36.609 ARGUE THAT THERE'S NO IMPACT IF
01:03 - 36.880 THERE'S
01:03 - 39.439 NO ABILITY. IT BEAT THE CITY
01:03 - 41.139 THE RECEIVER WITH THE GOVERNOR
01:03 - 42.690 HIMSELF PUBLICLY ON.
01:03 - 45.819 RESOURCES SUCH IS THE OCTOBER
01:03 - 47.540 REGISTERED MORE ITS SURROUNDING
01:03 - 50.540 PRIVATE ENTITY.
01:03 - 53.429 CLOSE BY ONE SECTION 27
01:03 - 54.499 ESTABLISHED PUBLIC
01:03 - 56.619 TRUST DOCTRINE WITH RESPECT TO
01:03 - 58.239 PUBLICLY FROM THAT FULL
01:03 - 00.279 RESOURCES AND DOES IT NEEDS TO
01:04 - 01.820 COMMONWEALTH IS A TRUSTEE.
01:04 - 03.490 NOT THE PROPRIETOR
01:04 - 06.429 A DISASTER. BENEFICIARIES OF
01:04 - 08.239 ACTRESS FOR THE PEOPLE OF THIS
01:04 - 10.789 STATE INCLUDING GENERATIONS YET
01:04 - 11.790 TO COME.
01:04 - 13.569 THE PROPOSAL THE RECEIVER
01:04 - 14.969 HIMSELF PUBLICLY IN
01:04 - 16.979 NATURAL RESOURCES IN THE
01:04 - 18.899 SHAREHOLDERS OF AWFUL WOULD BE
01:04 - 20.319 AN OUTRAGEOUS VIOLATION OF THE
01:04 - 22.439 COMMONWEALTH DUTY TO CONSERVE
01:04 - 23.899 AND MAINTAIN THOSE PUBLIC
01:04 - 26.319 ASSETS WHICH BELONG TO ALL THE
01:04 - 28.039 PEOPLE AND WOULD CONSTITUTE A
01:04 - 29.639 BREACH OF THE SOCIAL CONTRACT
01:04 - 30.879 BETWEEN THE GOVERNMENT AND THE
01:04 - 32.770 CITIZENS CREATED BY ONE
01:04 - 34.829 AND WOULD ALSO CONSTITUTE AN
01:04 - 37.359 UNCONSTITUTIONAL TAKING PASSAGE
01:04 - 40.039 CREATED BY THE COURT I THE
01:04 - 42.119 CITIZENS OF DELAWARE COUNTY AND
01:04 - 43.120 CHESTER.
01:04 - 45.799 BOARD OF DIRECTORS OF THE CWA
01:04 - 47.149 INCLUDING THE 3 MEN WERE
01:04 - 48.309 SUPPORTED BY THE CITY OF
01:04 - 50.099 CHESTER RECOGNIZE THESE
01:04 - 51.580 CONSTITUTIONAL ME EMPTY.
01:04 - 52.740 WHEN YOU
01:04 - 55.629 UNANIMOUSLY REJECTED. HIS OFFER
01:04 - 57.329 TO PURCHASE THE SEEDING GAMES
01:04 - 59.509 AND SAYS AND MOVED WITH THOSE
01:04 - 01.619 ASSETS INTO A TRUST UNDER THE
01:05 - 03.050 SUPERVISION OF PEOPLE PLEASE.
01:05 - 07.019 MY 2 MINUTES HAVING EXPIRED IF
01:05 - 08.610 THE COURT HAS NO QUESTIONS.
01:05 - 10.499 I THANK YOU FOR THE OPPORTUNITY
01:05 - 12.040 TO ADDRESS THIS MORNING.
01:05 - 17.900 >>ALL RIGHT
01:05 - 22.930 FROM TIME.
01:05 - 24.479 >>YES, I DID THANK YOU VERY
01:05 - 24.660 MUCH
01:05 - 26.059 BECAUSE I IT'S BEEN VERY
01:05 - 27.219 PATIENT WITH US AND I
01:05 - 29.049 APPRECIATE THE FACT SO GIVE ME
01:05 - 30.050 MY WHOLE TIME.
01:05 - 33.839 IT POINTS TO MAKE. MISTER
01:05 - 34.850 PINSKY REMAIN.
01:05 - 38.289 WE CAN HEAR YOU HE HAD A GOOD
01:05 - 39.290 PERSON PLEASE.
01:05 - 40.900 >>TURN BACK ON THE CAMERA.
01:05 - 42.840 WE LOST YOUR VIDEO.
01:05 - 46.619 >>AND I'M HAPPY TO GO ALONG
01:05 - 47.860 WITHOUT THE VIDEO BEFORE
01:05 - 48.340 02:00PM.
01:05 - 50.130 >>IT IS ARE YOU OKAY WITH THAT.
01:05 - 55.580 JUST A FEW QUICK POINTS.
01:05 - 57.800 ONE. THE ISSUE OF APPLE.
01:05 - 59.070 THE SERVICE
01:06 - 02.249 AND RATEPAYERS OF THE FACILITY
01:06 - 04.699 BEING BEYOND. THE BORDERS OF
01:06 - 06.989 THE CITY OF CHESTER. THAT WAS
01:06 - 09.930 TRUE BEFORE BEFORE AT 73.
01:06 - 11.300 AND IT TO BE
01:06 - 13.369 THAT'S BEEN TRUE FOR YEARS WHO
01:06 - 14.589 HAS SAID THIS WEEKEND THAT
01:06 - 16.879 BEING AND THAT WAS COOL WHEN
01:06 - 18.670 THE CITY WAS HE.
01:06 - 20.979 SO LOW POINT OF THE BOARD OF
01:06 - 22.869 THE AUTHORITY. SO THERE'S NO
01:06 - 24.959 REASON WHY. THE CITY CAN'T
01:06 - 27.090 RETAIN THE AUTHORITY TO CREATE
01:06 - 29.469 1939. WHEN
01:06 - 31.649 IT WAS IT WAS OPERATING
01:06 - 33.469 HIS AUTHORITY THE RATE PAYERS
01:06 - 34.899 AND SILLY YOU ON THE BOARD
01:06 - 36.139 SINCE IT WAS DOING IS A LITTLE
01:06 - 39.319 MORE A SECOND. I DON'T THINK WE
01:06 - 41.489 CAN MINIMAL. THIS THAT'S MY
01:06 - 42.729 RESPECTFUL SUBMISSION TO THE
01:06 - 45.049 COURT THAT UNDER UNDER THE
01:06 - 46.829 SUPREME COURT. THE RISE IN THE
01:06 - 47.830 FINAL DECISION.
01:06 - 50.049 WHAT IS COURT THE SIDE AND THE
01:06 - 52.239 SECTION 18 IT BECAME
01:06 - 55.080 LEGISLATIVE INTENT. WHEN
01:06 - 59.349 5622 DAY WAS ENACTED IN 2001
01:06 - 01.039 THIS COURT'S DECISION AND
01:07 - 02.489 LEGISLATIVE INTENT. THE MOST
01:07 - 05.459 IMPORTANT BECAUSE PRESIDENT
01:07 - 07.939 JUST LET IT GO. THERE IS
01:07 - 11.210 NOTHING IN. IN FACT SOME LIVES.
01:07 - 12.430 WHICH
01:07 - 15.219 MIGHT FALL. IT IS THAT
01:07 - 16.819 THE COUNTY CHESTER COUNTY HAS
01:07 - 18.060 ADMITTED THAT IT ISN'T GREAT.
01:07 - 21.169 AND THEN SO THE ONLY WAY THEY
01:07 - 23.070 CAN ACTUALLY GET FOR THE SHIA
01:07 - 26.439 THE CITY'S RIGHTS AND THIS
01:07 - 26.570 IS
01:07 - 29.759 BY IMPLICATION AND THAT THEY
01:07 - 31.829 CAN DO NUMEROUS DECISION TO
01:07 - 33.779 SIDE AND UNDER THIS PRESSURE
01:07 - 35.919 THE STOCK. AND THEN AND
01:07 - 38.800 FINALLY. IT THIS
01:07 - 43.839 BEEN CLEAR THAT WAS ALWAYS
01:07 - 45.939 TALKING ABOUT THE AUTHORITY AS
01:07 - 48.880 IT WAS QUITE A BIT. A REGIONAL.
01:07 - 51.830 THE MUNICIPALITY.
01:07 - 53.979 THAT'S WHEN IT WAS ALWAYS THE
01:07 - 55.359 SIDING AND A CLEAR THOSE
01:07 - 56.670 FRIGHTENING THAT
01:07 - 59.039 THAT LANGUAGE ABOUT THE PROJECT
01:07 - 01.079 ESTABLISHED BY HIS PAL. THAT'S
01:08 - 01.820 ALWAYS BEEN THE LINE
01:08 - 05.059 UNDER SECTION 18 IT WAS ALWAYS
01:08 - 07.829 BAD, IT WOULD BE A FAR. IT WAS
01:08 - 09.050 ORIGINALLY CREATED.
01:08 - 13.249 SO THAT THEIR ATTEMPT TO CHANGE
01:08 - 15.419 THAT. FLIES IN THE FACE OF
01:08 - 17.549 THE COURTS. AND I MEAN THAT I
01:08 - 20.869 THINK THE COURT. THANK YOU VERY
01:08 - 21.870 MUCH.
01:08 - 24.730 CLOSED CAR. AN ARGUMENT.
01:08 - 27.740 >>AND OUR FIRST CASE NUMBER
01:08 - 31.199 2520, I THINK ALL
01:08 - 33.169 THE PARTY, A VERY IMPORTANT
01:08 - 34.910 CASE VERY INTERESTING ONE.
01:08 - 40.010 WELL WELL I COMMEND YOU.
01:08 - 44.290 >>THANK
01:09 - 18.489 >>ALL RIGHT THE NEXT CASE
01:09 - 20.079 NUMBER 27. IT
01:09 - 22.259 IS TRUE BYRD FOR 50 ON
01:09 - 24.019 EMPLOYMENT COMPENSATION BOARD
01:09 - 25.020 OF REVIEW.
01:09 - 28.349 CHALLENGES 3 ORDER BUT THE
01:09 - 30.379 UNEMPLOYMENT COMPENSATION ORDER
01:09 - 34.030 REVIEW. IN JULY OF 2017.
01:09 - 37.039 THE YOU SEE SERVICE CENTER AND
01:09 - 39.829 3 KNOW THE IT FOR A BAITING BUT
01:09 - 40.560 YOU WOULD NOT
01:09 - 42.129 TITLE TO THE UNEMPLOYMENT
01:09 - 44.260 COMPENSATION SHE HAD COLLECTED
01:09 - 46.020 5 YEARS EARLIER
01:09 - 48.979 AND THOUGHT THE COMMONWEALTH
01:09 - 49.980 OVER
01:09 - 52.979 $7,000. NO THIS IS FATED THAT
01:09 - 55.139 MEANT FOR HAS 15 DAYS TO
01:09 - 57.939 APPEAL. THE NOTICES WERE SENT
01:09 - 58.690 TO AN ADDRESS
01:09 - 00.149 FROM WHERE THE CLAIMANT HAVE
01:10 - 03.289 MOVED IN 2015. AND
01:10 - 05.750 SHE MOVED THE GAME AND 2016
01:10 - 08.139 ACCORDINGLY SHE DID NOT RECEIVE
01:10 - 10.009 THE DETERMINATION AND DID NOT
01:10 - 11.010 APPEAL.
01:10 - 14.169 AND 2019 YOU'RE CONTACTED BY A
01:10 - 16.329 DEBT COLLECTION AGENCY THAT
01:10 - 18.559 THE COMMONWEALTH HAD A LEAN AIR
01:10 - 19.560 WITH HER KILLING
01:10 - 22.119 FOR THE REPAYMENT OF
01:10 - 23.859 UNEMPLOYMENT BENEFITS. SHE
01:10 - 26.690 RECEIVED IMPROPERLY AND 2012.
01:10 - 30.499 A 3RD TWENTY-NINETEEN MEDFORD
01:10 - 32.499 APPEAL. SHE HAD HEARD THAT SHE
01:10 - 34.489 HAD NEITHER APPLY FOR
01:10 - 36.669 NOR RECEIVED UNEMPLOYMENT
01:10 - 38.689 COMPENSATION BENEFITS AND QUITE
01:10 - 41.209 WELL, THERE WAS NOTHING FOR HER
01:10 - 43.459 TO RETURN. HE FURTHER OF HER
01:10 - 45.719 DID SHE DID NOT KNOW WHO YOU
01:10 - 47.410 ARE IDENTITY TO FILE THE
01:10 - 50.569 2012 CLIMB. BOARD DISMISSED HER
01:10 - 51.410 APPEAL HAD
01:10 - 54.029 BEEN TIMELY BEFORE THE COURT
01:10 - 56.929 MEDFORD ARGUE THAT SHE TITLE DO
01:10 - 57.680 NOT PRO
01:10 - 00.479 TRUMP REALLY. SHE ARGUES THAT
01:11 - 02.109 SHE HAD NO REASON TO BELIEVE
01:11 - 04.339 SHE HAD TO TAKE HER DRAFT WITH
01:11 - 07.069 THE DEPARTMENT A YEAR AFTER SHE
01:11 - 09.519 HAD REAPED THE BENEFIT. SHE
01:11 - 11.250 FURTHER ARGUE THAT THEM.
01:11 - 13.959 DEPARTMENT 5 YEARS DELAY AND
01:11 - 16.260 LOOKING INTO BENEFIT. PAID IN
01:11 - 19.009 2012 CONSTITUTED AND I'M IN
01:11 - 21.310 A GREAT BREAKDOWN THAT ALLOWED.
01:11 - 23.970 TO APPEAL KNOW PRO COME.
01:11 - 26.419 THE DEPARTMENT COUNTER THAT
01:11 - 28.590 THERE IS NO STATUTORY DEADLINE
01:11 - 29.919 FOR THE DEPARTMENT TO
01:11 - 32.559 REVISIT IT. THE TERMINATIONS ON
01:11 - 34.069 UNEMPLOYMENT COMPENSATION
01:11 - 37.109 BENEFITS AND THEN THE HARM AND
01:11 - 39.370 ONE OF MEDFORD OWN MAKING
01:11 - 40.660 THAT SHE
01:11 - 42.979 COULD HAVE AVOIDED SIMPLY BY
01:11 - 44.639 KEEPING THE DEPARTMENT OF
01:11 - 47.110 PRIME. HER CURRENT ADDRESS.
01:11 - 51.589 HOW HER BOTH I KNOW THE RULES
01:11 - 53.729 OF THE ROAD FOR A MONK ARGUMENT
01:11 - 55.320 TO REACH HAVE PICKED A MENTOR.
01:11 - 58.790 THE A RICHER TIME MET.
01:11 - 01.509 IF I'M MICHELLE DO YOU WISH OR
01:12 - 02.510 OF HER TIME.
01:12 - 04.899 >>YES, YOUR HONOR RESERVED 2
01:12 - 07.559 MINUTES FOR A VOTE. YOU HAVE IT
01:12 - 08.560 AND YOU MAY BEGIN.
01:12 - 11.910 GOOD MORNING AND MAY IT
01:12 - 13.249 PLEASE THE COURT MY NAME IS
01:12 - 14.999 JULIUS I'M IN THE SHOWER THERE
01:12 - 17.169 REPRESENT PETITIONER MISS FROM
01:12 - 18.949 HER. HE'S
01:12 - 20.529 A FAIRNESS AND ACCESS TO
01:12 - 21.530 JUSTICE.
01:12 - 23.189 IT'S WHAT THE BOARD INTERVIEW
01:12 - 24.629 TONIGHT MY CLIENT WHEN HE
01:12 - 26.189 DISMISSED HER APPEAL AND ON
01:12 - 28.369 TIME. DESPITE THE FACT THE
01:12 - 30.050 DETERMINATION OF OVER PAYMENT
01:12 - 31.459 WITH ME NOW OVER
01:12 - 33.459 5 YEARS AFTER THE MINE AND
01:12 - 33.870 IMPLEMENT
01:12 - 36.460 CLEAN ENDED AND VERY DELIBERATE
01:12 - 39.060 YOU KNOW AS BE OVERCOME.
01:12 - 41.310 DURING THAT I MEAN YOU'RE DOING
01:12 - 43.320 MISS NOT MONTHS.
01:12 - 45.359 BUT WHY, AND ALTHOUGH SHE AND
01:12 - 46.959 SENATE WHO ARE READING IT WAS
01:12 - 48.070 NO LONGER IN EFFECT
01:12 - 50.779 IN 2017 WITH THE DETERMINATIONS
01:12 - 53.309 FINALLY ISSUE. TODAY TO
01:12 - 54.549 SNEER AT AFTER THE GREAT TO THE
01:12 - 59.149 COURT PRO TEM REALLY. EITHER
01:12 - 59.860 BASED ON THE FACTS
01:13 - 02.479 THAT WE JUST ARE NOT NEGLIGENT
01:13 - 04.490 CONDUCT WENT TO THE LEADER HEAL
01:13 - 06.999 OR THAT'S THE 5 YOU'RE DOING
01:13 - 08.179 ANY BY THE DEPARTMENT OF LABOR
01:13 - 10.259 AND INDUSTRY TO UNION STREET
01:13 - 12.589 A BREAKDOWN TO DRESS NOT
01:13 - 13.939 NEGLIGENT CONDUCT AND
01:13 - 15.599 THEN MINISTRY TO BREAK DOWN AND
01:13 - 17.169 THEN TOUCH ON THE BALL THAT
01:13 - 19.119 DOES NOT BELIEVE FROM THE BLACK
01:13 - 20.650 KEYS PLEASE IN THIS MATTER.
01:13 - 24.210 QUESTION OF WHETHER
01:13 - 27.289 YEAH YOU KNOW WAS LEE UNITED
01:13 - 28.980 WITH THE CONDUCT AND THE BACK
01:13 - 29.750 ON THE RECORD
01:13 - 31.999 ARE YOU. NEW BIRD WAS NOT
01:13 - 33.399 LIVING AT THE ASTOR STREET
01:13 - 35.089 ADDRESS WHEN THE DETERMINATION
01:13 - 38.019 GRIT ISSUED IN 2017. SHE DID
01:13 - 40.039 NOT RECEIVE. YEAH, THE BLUE
01:13 - 41.750 ROOM MY HOME WAS IN TIME.
01:13 - 43.510 ON THE MAILBOX
01:13 - 45.479 I ARGUE THAT NAME HAS NOT
01:13 - 46.539 OVERCOME THE PRESUMPTION
01:13 - 48.239 OF PERSONALLY ACTUALLY YOUR
01:13 - 50.469 HONOR GOING SO FAR AS TO SAY ON
01:13 - 52.349 PAGE 8 OF THEIR GRIEF. THE
01:13 - 53.599 CLAIMANTS RECEIVE OF THE
01:13 - 56.010 DETERMINATION IS HE REAL.
01:13 - 58.840 HOWEVER THE RECORD BELIE THAT.
01:13 - 01.749 THE NO BOX RULE IS A COURT HELD
01:14 - 03.430 IN HOME. IS
01:14 - 06.419 ONLY THEY ARE TOO I TO ALLOW
01:14 - 07.959 THE COURTS TO REVIEW NOTICE
01:14 - 10.279 WAS RECEIVED BUT THEN AS A
01:14 - 11.929 PROCEDURAL TOOL, THE BURDEN
01:14 - 13.739 SHIFTS TO THE AD RECEIVED THE
01:14 - 15.529 PRESUMPTION YOU WRONG. AND THE
01:14 - 17.159 MALE WAS NOT RECEIVE AND THAT'S
01:14 - 19.449 EXACTLY WHAT HAPPENED NOT ONLY
01:14 - 20.730 DID PETITIONER CREW
01:14 - 23.529 THAT SHE HAD MOVED IN 2015 FROM
01:14 - 23.970 ASHTON
01:14 - 26.039 STREET ADDRESS BUT WITHOUT ANY
01:14 - 28.569 DOUBT IN 2017 WAS ACTIVE
01:14 - 29.610 THROUGH THE STREET ADDRESS
01:14 - 31.239 BASED ON THE TESTIMONY
01:14 - 33.319 UNCORROBORATED SHUN. I MEAN
01:14 - 36.380 POOR IN THIS RIGHT.
01:14 - 38.979 >>WHAT DID THE BOARD FINE WITH
01:14 - 41.180 PERFECT TOO. THAT POINT.
01:14 - 43.670 >>THE
01:14 - 46.179 AND THEN HE'S ON TO THE
01:14 - 47.180 FINDINGS OF FACT.
01:14 - 49.229 THE REFEREE DURING A SEPARATE
01:14 - 50.750 CRIME, THE FACT IN THIS CASE.
01:14 - 54.410 AND THOUGH IN MY BACK NUMBER 8.
01:14 - 56.999 IT WAS STATED THAT THE CLAIMANT
01:14 - 58.169 HAS BEEN RESIDING AT HER
01:14 - 00.799 ADDRESS OF RECORD SINCE 2016,
01:15 - 01.920 WHICH IS THE REALLY STRANGE.
01:15 - 08.469 >>ACTUALLY BUT SHE WAS NOT
01:15 - 10.870 LIVING AT THE ADDRESS. IF YOU.
01:15 - 13.919 AND WE KNOW THIS IS A
01:15 - 14.920 DETERMINATION.
01:15 - 19.860 FOR MICHELLE DO YOU
01:15 - 22.539 RECOGNIZE ANY LEGAL PRINCIPLE
01:15 - 24.850 OR ANY ANY PRINT FORGET
01:15 - 28.729 FOR A PERIOD OF TIME THAT A
01:15 - 29.550 PERSON WHO
01:15 - 31.519 HAS RECEIVED UNEMPLOYMENT
01:15 - 33.860 COMPENSATION BENEFITS REQUIRED
01:15 - 37.719 PER DAY. AGENCY OF ANY CHANGES
01:15 - 38.450 TO THE DRAFT IS
01:15 - 40.479 THERE SOME IS THERE ANY PERIOD
01:15 - 42.399 OF TIME AFTER REPEATED BENEFIT
01:15 - 43.829 THAT YOU BELIEVE THAT THAT
01:15 - 45.030 SHOULD BE A RULE.
01:15 - 48.899 >>IS THAT THERE IS NO
01:15 - 50.709 BASIS IN THE UNEMPLOYMENT
01:15 - 52.159 COMPENSATION MOM, WE'RE
01:15 - 53.729 REGULATIONS ENACTED BY THE
01:15 - 55.629 DEPARTMENT WILL BOARD THAT SAID
01:15 - 56.960 WE'RE GOING TO SORT OF STANDARD
01:15 - 59.469 IN TERMS OF WHEN SOMEBODY MUST
01:15 - 00.599 UPDATE THEIR ADDRESS WITH
01:16 - 02.839 THE DEPARTMENT AND THERE IS NO
01:16 - 04.519 NOTICE EVER GIVEN TO CLAIMANTS
01:16 - 05.700 THAT THERE'S ANY REQUIREMENT
01:16 - 07.609 FOR THEM TO BE THEIR ADDRESS
01:16 - 08.980 FOR A SPECIFIC PERIOD OF TIME.
01:16 - 10.709 I KNOW YOU'RE
01:16 - 12.819 UNDER THAT WE ARE GOING
01:16 - 15.079 TO DISCUSS AND TODAY THE ISSUE
01:16 - 17.349 OF THE NEW KING CAKE. AND HE
01:16 - 19.629 COULD OPEN ENDED. I MEAN
01:16 - 21.189 THAT IT THAT CLAIMANT MUST
01:16 - 23.739 UPDATE THEIR ADDRESS AGAIN I
01:16 - 24.969 THINK THAT'S NOT SUPPORTED BY
01:16 - 28.119 LAW AND IF THERE IS A QUESTION
01:16 - 30.249 OF NEEDING MORE IN THIS
01:16 - 32.049 MATTER AND IF THAT'S NOT
01:16 - 33.709 NECESSARILY THE CASE GIVEN THAT
01:16 - 34.090 WE EAT
01:16 - 34.990 ARE LOOKING AT
01:16 - 36.109 UNEMPLOYMENT CLAIMS IN THERE
01:16 - 37.119 ALL THE TIME WE HAVE AN
01:16 - 38.519 INDIVIDUAL BASIS AND NOT
01:16 - 40.009 RECOVERY LEAVE IS AN EQUITABLE
01:16 - 41.789 NOT TRUE THAT TO CONSIDER THE
01:16 - 42.950 FACTS OF EACH PIECE.
01:16 - 44.830 I DON'T BELIEVE IT WOULD BE
01:16 - 46.429 REASONABLE TO REQUIRE THAT A
01:16 - 47.430 CLAIMANT.
01:16 - 51.129 I THINK YOUR ONGOING GROUP HERE
01:16 - 52.529 AT THE TIME WITH NO CONTACT
01:16 - 54.029 WITH THE DEPARTMENT IF YOU WANT
01:16 - 55.030 TO HAVE IT.
01:16 - 57.299 DOES YOUR MUTT AND JEFF THAT WE
01:16 - 58.839 LOOK AT THE QUESTION OF IF THE
01:16 - 59.300 CLEAN
01:16 - 01.189 YOUR OPEN MEANING THAT THERE IS
01:17 - 03.069 STILL A RELATIONSHIP BETWEEN
01:17 - 04.629 THE CLAIMANT BEHIND THE
01:17 - 06.210 DEPARTMENT OF LABOR INDUSTRY.
01:17 - 08.879 OR THE QUESTION OF WHETHER WE
01:17 - 10.909 HAVE A PERMANENTLY NEED CONTACT
01:17 - 12.919 WITH THE DEPARTMENT. SINCE THAT
01:17 - 14.200 CLEAN YOUR HEAD.
01:17 - 18.539 AND I'D LIKE TO
01:17 - 20.650 BRIEFLY ADDRESS I DO OKAY.
01:17 - 23.069 A LITTLE BIT MORE DEEPLY SINCE
01:17 - 24.829 THAT WAS GREAT. I MEAN
01:17 - 26.849 CONTENTION BY AND THE BOARD OF
01:17 - 28.729 REVIEW AS TO WHY WE MUST
01:17 - 31.059 CONDUCT IN THIS MATTER WAS WAS
01:17 - 32.979 NEGLIGENT. NOW DO YOU THINK IS
01:17 - 34.630 FAIR ACTUALLY DISTINGUISHABLE
01:17 - 37.419 FROM THAT HE SAID ARE I'M NOT
01:17 - 40.409 MAD. THE CLAIMANT RAISE HAS
01:17 - 42.359 HEARD AND THE BACK OF
01:17 - 45.419 THE DEPARTMENT. DETERMINATION
01:17 - 47.219 TO THE WRONG ADDRESS, AND IT'S
01:17 - 48.500 NOT GOING TO HEAR
01:17 - 50.569 INTO THE CLINIC WASN'T LIVING
01:17 - 51.889 AT THE ADDRESS. IT DID NOT
01:17 - 53.290 RECEIVE THE DETERMINATION.
01:17 - 55.190 A SECOND AND MORE IMPORTANTLY
01:17 - 55.580 AND
01:17 - 58.309 NOT HER. THE CLAIMANT FALLS
01:17 - 00.399 WITHIN THE RULE THAT I PROPOSE
01:18 - 01.619 THAT SHE MADE A PERMANENT
01:18 - 03.120 CONTACT WITH THE DEPARTMENT.
01:18 - 04.909 I BELIEVE IT WAS 2 YEARS AFTER
01:18 - 06.899 HER PLANE HAD ENDED AND AT THAT
01:18 - 09.069 TIME HE ALREADY MOVED IN THE
01:18 - 10.429 FINDINGS OF FACT BEFORE THE
01:18 - 12.480 COURT AND HAD NOT.
01:18 - 15.029 AND I'M NOT HAPPY TO CURRENT
01:18 - 16.030 DRAFT AT THAT TIME.
01:18 - 21.880 IN
01:18 - 24.289 2019. WHEN SHE LEARNED THERE
01:18 - 25.719 WAS AN OVERPAYMENT BASED ON A
01:18 - 27.720 LEAN. SHE UPDATED HER ADDRESS.
01:18 - 29.690 SHE BEGAN HER PHONE NUMBER.
01:18 - 31.780 SHE TOOK THOSE CORRECTIVE STEPS
01:18 - 34.969 AND SO I KNEW THIS CASE IS VERY
01:18 - 37.219 DIFFERENT FROM YOU. I'D ALSO
01:18 - 38.670 NOTE THAT IN WALKER.
01:18 - 41.069 RECENTLY MET COMPENSATION WHERE
01:18 - 41.150 THE
01:18 - 43.099 GROUP YOU. THIS WORK REVEALS A
01:18 - 44.969 LOOK AT AN ISSUE WE'RE A CLEAN
01:18 - 46.209 DID NOT RECEIVE THE NOTICE
01:18 - 48.279 BECAUSE IN THE MORNING HE PUT
01:18 - 49.050 AND PLEASE DO
01:18 - 51.309 NOT WORK. NOT PEACE AGREEMENT
01:18 - 52.719 HAVE NOT BEEN ADDRESSED WITH
01:18 - 54.289 THE DEPARTMENT AND THERE WAS A
01:18 - 55.609 RECOGNITION THERE THAT THAT WAS
01:18 - 56.949 NOT AN ISSUE THERE IS NO PER SE
01:18 - 57.630 NEGLIGENT FOR
01:18 - 59.579 FAILING TO. I THINK YOU ARE
01:18 - 00.969 DRESSED WITH THE DEPARTMENT,
01:19 - 02.179 ESPECIALLY WHEN STEPS HAVE BEEN
01:19 - 04.109 TAKEN KNOW WHO ALREADY WHICH
01:19 - 05.309 AGAIN THAT THE CLAIMANT
01:19 - 06.879 DIDN'T HE AND IN THOSE
01:19 - 08.379 SITUATIONS YOU MAY HAVE HEARD A
01:19 - 09.380 MALE WHO WERE GOOD.
01:19 - 11.069 HOW MUCH TO THANK YOU
01:19 - 14.120 DOESN'T 15 AND THEN AGAIN IN
01:19 - 17.400 2016 IT WASN'T UNTIL 2017.
01:19 - 18.870 THE DETERMINATION. GRISHAM.
01:19 - 22.909 MY EXCUSE ME COUNCIL HOW MUCH
01:19 - 24.289 WE KNOW WE SPOKE TO GET TO THE
01:19 - 25.290 SOUTH.
01:19 - 29.129 >>THE ISSUE ABOUT WHETHER SHE
01:19 - 31.689 FILED A CLAIM FIRST PLACE ALONG
01:19 - 32.830 WITH THERE WAS FRAUD.
01:19 - 37.169 >>YOUR HONOR I IN THIS CASE,
01:19 - 38.260 THE CLAIMANT DAY.
01:19 - 40.950 ALLEGED THE HEARING. I
01:19 - 43.119 I BELIEVE THE BRIEF TO THE
01:19 - 44.369 COURT THAT THE UNDERLYING IN
01:19 - 45.609 ITSELF WAS FRAUDULENT AND IN
01:19 - 46.650 FACT, SHE'S NOT EVEN.
01:19 - 49.799 I WILL NOTE, HOWEVER THAT THERE
01:19 - 51.689 WERE NO FINDINGS OF FACT ABOUT
01:19 - 52.690 THAT ISSUE
01:19 - 54.369 IN THIS CASE BECAUSE THEY CAN
01:19 - 55.929 ACTUALLY REACH THE UNDERLYING
01:19 - 57.389 MERITS AND ALTHOUGH I WOULD
01:19 - 59.409 POSIT THAT CONSIDERATION THAT
01:19 - 00.599 SOMEBODY SAID THEY DO NOT EVEN
01:20 - 02.039 WHILE THE UNDERLYING CLAIM
01:20 - 03.130 WOULD CERTAINLY IMPACT
01:20 - 05.089 A REASONABLENESS WE DID NOT
01:20 - 07.069 UPDATE THEIR ADDRESS. WITH THE
01:20 - 08.319 DEPARTMENT I WAS GOING TO GIVE
01:20 - 09.320 A NUMBER OF YEARS.
01:20 - 11.940 >>WELL TO ME FINDING OUT.
01:20 - 13.500 THAT.
01:20 - 16.410 IT'S TAKE INTO CONSIDERATION.
01:20 - 18.950 NO YOUR HONOR I'M
01:20 - 21.029 THERE IS SUBSTANTIAL EVIDENCE
01:20 - 21.710 ON THE RECORD
01:20 - 24.109 RIGHT NOW A GREAT IMPROVEMENT
01:20 - 25.570 REALLY EVEN WITHOUT A REFEREE.
01:20 - 27.899 >>THE UNDERLYING QUESTION
01:20 - 30.669 OF TIME BECAUSE EVEN TAKING
01:20 - 31.510 PUTTING PAYMENT IN THE
01:20 - 33.570 POSITION. I'M SOMEBODY WHO DID
01:20 - 35.949 WOW THE UNDERLYING CLAIMS STILL
01:20 - 37.400 DEALING WITH THE SAME PROBLEM.
01:20 - 38.769 I LOVE THE FACT THAT SHE
01:20 - 40.329 HAS ESTABLISHED THAT THERE WAS
01:20 - 41.280 NOT A RECEIPT OF THE
01:20 - 43.049 DETERMINATION AFTER DILIGENTLY
01:20 - 45.349 TO FILE AND THE FIVE-YEAR
01:20 - 47.189 DELAY, THIS REGARDLESS OF
01:20 - 48.929 WHETHER HE UNDERLINED CLEAN
01:20 - 50.430 ACTUALLY FILED BY THE CLAIMANT
01:20 - 52.360 UNTIL THE BOARD SAID IN COURT.
01:20 - 55.219 I KIND OF RAN REALLY FROM THE
01:20 - 57.379 TIME SHE WENT OUT. READING THE
01:20 - 58.439 QUESTION OF THE UNDERLYING
01:20 - 59.610 CRIME ALLEGATIONS.
01:20 - 02.799 >>AND COUNCIL IF WE DO SO MANY
01:21 - 03.800 WHO FIND.
01:21 - 06.899 CLAIMANT IT DOES MEET THOSE
01:21 - 08.339 STANDARDS FOR NON CREDIT TO
01:21 - 10.749 GREELEY WE BELIEVE THAT THE MAN
01:21 - 12.129 BACK TO THE TO
01:21 - 14.949 THE TO CONTINUE TO PROCESS THAN
01:21 - 16.489 THE DETECTIVE MEETING WHEN
01:21 - 18.839 THEY'RE ON THE MERITS. SHE
01:21 - 19.840 COULD IT'S
01:21 - 25.309 >>YOU AND IS ALWAYS NOT BEEN
01:21 - 26.449 FOR THIS COURT COULD NOT
01:21 - 27.270 BELIEVE THERE IS ENOUGH
01:21 - 28.510 EVIDENCE ON THE RECORD.
01:21 - 31.039 HOWEVER I DIDN'T BELIEVE THAT
01:21 - 32.669 THERE IS ENOUGH EVIDENCE FOR
01:21 - 35.299 THE RECORD 2 ON THE MERITS IN
01:21 - 36.990 RELIEF IS GRANTED ON THE TIME
01:21 - 39.989 AND IN SPECIFICALLY BE ON THAT
01:21 - 40.750 LITTLE DOCTRINE
01:21 - 42.919 OF LACI AND THAT IS WHERE THAT
01:21 - 44.399 COMES INTO THIS IS THAT IT
01:21 - 46.580 REALLY WAS GRANTED. THAT.
01:21 - 49.240 CLEMENT HAS
01:21 - 51.369 ESTABLISHED HERE THAT THERE WAS
01:21 - 53.509 A WANT AND DUE DILIGENCE WHEN
01:21 - 55.850 IT COMES INITIATING.
01:21 - 58.179 THIS DETERMINATION AND THERE
01:21 - 00.029 WAS NO EVIDENCE AND THAT COULD
01:22 - 02.029 EXPLAIN AWAY. THAT LACK OF
01:22 - 03.839 DUE DILIGENCE AND THAT SHE WAS
01:22 - 05.000 CREDITED, GIVEN THAT
01:22 - 06.529 YOU CAN SEE CLEARLY FROM THE
01:22 - 08.239 RECORD HER MEMORY HAS BEEN
01:22 - 10.779 AFFECTED BY THIS TIME THAT SHE
01:22 - 12.389 DOES NOT HAVE ACCESS TO THE
01:22 - 15.229 ADDRESS ANYMORE. WE'RE THE
01:22 - 16.879 FRAUDULENT CLAIM AND
01:22 - 18.339 SHE SAID I WHEN I LEFT RIGHT
01:22 - 20.199 AND WITH HELP FROM OUR DO YOU
01:22 - 22.349 BELIEVE THERE IS AND FROM THE
01:22 - 24.730 RECORD THAT YOU ON THE OTHER
01:22 - 29.740 IN OR NOT NECESSARY.
01:22 - 32.250 >>I'M SORRY FOR YOUR
01:22 - 34.130 ARGUMENT IS THAT.
01:22 - 38.369 BECAUSE THE DEPARTMENT WAITED
01:22 - 41.729 5 YEARS TO INVESTIGATE WHETHER
01:22 - 42.730 OR NOT.
01:22 - 44.969 THE BIRD WAS ENTITLED TO THE
01:22 - 45.970 CLAIMANT.
01:22 - 54.390 WE CAN RIVER ON THAT GROUND.
01:22 - 01.689 >>BASED WHAT ARE THE DAY AFTER
01:23 - 03.390 TERRI LYNE WORD THAT WE
01:23 - 07.160 IT DOES IF IT'S A 5 OH ONE K.
01:23 - 11.180 OR THE RIO 2 CASE.
01:23 - 13.590 >>THIS IS THE
01:23 - 15.359 FINAL ONE. I MEAN THEY
01:23 - 17.409 REPORTEDLY REQUEST REALLY HARD
01:23 - 20.559 TO. DEPARTMENT RECEIVED NOTICE
01:23 - 22.790 FROM THE 2012, BUT I'M IN THE
01:23 - 24.560 MINISTRY TO HEARD
01:23 - 28.149 FROM THE JUST SEE PRIVATE CLUB
01:23 - 30.499 DURING THE CLEAN AIR. THEN
01:23 - 30.810 FAILED TO
01:23 - 34.959 TAKE ACTION. I'M NOT FOR 5 THE
01:23 - 36.120 ADMINISTRATIVE RECORD.
01:23 - 38.669 AND THE CLEAN RECORD SEE
01:23 - 39.980 THERE'S JUST A THERE'S NOTHING
01:23 - 41.539 THERE'S NOTHING THERE DECIDED
01:23 - 43.850 TO HER SERVICE CENTER DEGREE.
01:23 - 47.219 AND IN THE
01:23 - 49.919 DOCTOR SHE AND ALLOW THE COURT
01:23 - 51.459 TO DO. TO VACATE THE
01:23 - 52.870 UNDERLYING DETERMINATION.
01:23 - 55.389 BUT WE'RE ALSO SAYING THAT SEE
01:23 - 56.830 ANY SNOW FLIES
01:23 - 58.479 ON THE JURISDICTION SIDE
01:23 - 00.329 BECAUSE IT RIGHT IN MANY WAYS,
01:24 - 02.170 I'M WITH HIM IN A TREE DOWN.
01:24 - 04.969 IT'S YOU IN THAT DEPARTMENT
01:24 - 06.450 DIDN'T HE. YEARS
01:24 - 10.119 TO INVESTIGATE THE
01:24 - 12.719 ISSUE THEY. AND BECAUSE IT TOOK
01:24 - 14.909 SO LONG CLEAN IT WAS NO LONGER
01:24 - 15.959 SIGNING AT THE ADDRESS THAT
01:24 - 17.649 THEY HAD ON RECORD AS YOU CAN
01:24 - 19.949 SEE THOSE THE TERMINATIONS AND
01:24 - 21.179 THIS IS AN ISSUE THE COURT HAS
01:24 - 24.189 SEEN MANY TIMES BEFORE. THE
01:24 - 25.529 DELAY DETERMINATIONS BUT IN
01:24 - 27.339 THIS CASE AND BELIEVE THEY'RE
01:24 - 27.570 THERE.
01:24 - 31.419 THERE. FIVE-YEAR DELAY ITSELF
01:24 - 32.669 IS NOT A MINISTRY TO BREAK
01:24 - 34.900 DOWN. ONE SECTION 5 OH ONE C
01:24 - 37.100 IMPOSING REQUIREMENTS FOR
01:24 - 38.180 EXAMINATION.
01:24 - 41.439 I'M GOING TO LEAVE YOU THERE
01:24 - 43.239 NOW ADMIT THAT 5 YEARS OF THE
01:24 - 45.249 CROP EXAMINATION. IN THIS
01:24 - 46.739 MATTER. COUNCIL
01:24 - 49.540 JUMP BACK THE ISSUE OF ON.
01:24 - 51.820 THE MEN MAY OR MAY
01:24 - 53.399 NOT HAVE WITH THE HARTMAN AND
01:24 - 55.149 YOU HAPPEN TO HAVE ON THE
01:24 - 56.250 REQUIREMENT TO.
01:24 - 59.150 >>PRACTICE WITH THE DEPARTMENT.
01:24 - 00.450 THERE
01:25 - 02.719 REFEREE FINALLY I BELIEVE THAT
01:25 - 05.039 THERE WAS A DISCUSSION WITH
01:25 - 07.289 YOU WE'RE IT'S RAINING RECEIVE
01:25 - 09.479 A PERMIT DOCUMENTS INCLUDE THE
01:25 - 10.480 CLEANING.
01:25 - 17.499 >>AND I SEE THAT I'M OUT OF
01:25 - 19.339 TIME MARY HAD A 3 TIME TO
01:25 - 20.340 REQUEST A QUESTION.
01:25 - 31.469 THE UNDERLYING ACTIVE
01:25 - 33.560 KNEW THIS IN THIS PIECE FOR 3
01:25 - 37.979 STATION WITH THE EMPLOYER,
01:25 - 39.090 THERE WAS NO CONTACT.
01:25 - 41.359 MY AGENTS AND SHE HAD NO
01:25 - 42.579 CONTACT WITH THE GOVERNMENT IN
01:25 - 44.310 THAT MATTER A ONE OFF
01:25 - 46.449 CONVERSATION WITH HER EMPLOYER
01:25 - 47.789 THAT YOU CAN ALSO SEE FROM THE
01:25 - 48.979 EVIDENCE IN THE RECORD CLEAN IT
01:25 - 50.129 DIDN'T SEEM TO UNDERSTAND IN
01:25 - 51.460 ANY WAY SHAPE OR FORM.
01:25 - 55.499 BEFORE THE DETERMINATIONS WERE
01:25 - 56.500 EATING ISSUES.
01:25 - 58.939 SO IT COULD NOT HAVE GIVEN HER
01:25 - 00.259 ANY TYPE OF NOTE IS THAT YOU
01:26 - 01.689 NEED TO APPEAL THAT HE NEEDED
01:26 - 03.090 TO TAKE ACTION IN THAT WAY
01:26 - 05.669 AND MOST IMPORTANTLY THIS COURT
01:26 - 07.669 HAS ALREADY REJECTED EVEN
01:26 - 09.799 STRONGER EVIDENCE AND NOTICE
01:26 - 11.329 THE ALLEY FIRST DEPARTMENT OF
01:26 - 12.330 HUMAN SERVICES.
01:26 - 15.369 WE'RE THE GOVERNMENT ARGUED
01:26 - 17.419 THAT LETTER I THINK WE HAVE
01:26 - 19.780 RECEIVED AND GORE HIM THERE.
01:26 - 21.479 THE GOVERNMENT CONCLUDED THEIR
01:26 - 23.219 INVESTIGATION OF HOW HAVE YOU
01:26 - 24.710 FOUND IN THE HEATED REPORT.
01:26 - 26.949 IT WAS NOT IN TO WORK ON THE
01:26 - 29.250 BACK NEVER RECEIVED THE NOTICE.
01:26 - 31.369 IN THE REPORT BECAUSE
01:26 - 33.579 THE LATTER DID NOT GIVE ANY
01:26 - 34.909 INFORMATION ABOUT HIS RIGHT TO
01:26 - 37.109 APPEAL. AND FOR THOSE REASONS
01:26 - 38.499 BELIEVE THAT THE CONVERSATION
01:26 - 41.349 WOULD WHERE IS NOT THERE ON THE
01:26 - 42.550 GREAT RELIEF FROM THIS MATTER.
01:26 - 45.549 AND THERE ARE NO FURTHER
01:26 - 47.590 QUESTIONS. THAT
01:26 - 50.029 THE COURT. RANTANEN FIRST TIME
01:26 - 52.089 REALLY IN THIS MATTER. AND
01:26 - 53.159 REVERSE THE UNDERLYING
01:26 - 55.479 DETERMINATION. AND NOW LOOK FOR
01:26 - 56.570 SPEAKING YOU'RE ABOUT.
01:27 - 04.359 >>IT'S THE SUPPORT AND KAREN
01:27 - 09.239 HUGHES, FLORIDA MATTER ISSUE IN
01:27 - 11.119 THIS CASE IS WHETHER OR NOT AND
01:27 - 14.529 ACTED NEGLIGENTLY AN UPDATE FOR
01:27 - 15.760 A TEST. HARTMAN.
01:27 - 17.980 SHE WILL SEE BENEFITS IN
01:27 - 22.120 2012. AND SHE HAD NOTICED 2006.
01:27 - 25.859 IT TAKES SO 2017 FROM HER
01:27 - 26.860 LAWYER.
01:27 - 29.689 WE SEE JUST A QUESTION AND SHE
01:27 - 30.989 TOOK NO ACTION IF
01:27 - 32.929 THE CLAIMANT I CONTACTED THE
01:27 - 35.479 FIRE IN 2017 SHE WOULD SEE
01:27 - 36.480 NOTICE.
01:27 - 39.299 IN TRUTH SHE WOULD RECEIVE JUST
01:27 - 40.829 2 NATIONS SHE WOULD'VE BEEN A
01:27 - 42.570 BUSY PROGRAM HOYER.
01:27 - 45.969 >>HOW HER TO UPDATE HER ADDRESS
01:27 - 47.829 WHAT THE DEPARTMENT. YOU KNOW
01:27 - 50.389 THE MORE COLORS. CONTACT THE
01:27 - 51.390 DEPARTMENT.
01:27 - 55.049 >>THERE WE SEE THE BENEFITS IN
01:27 - 56.469 QUESTION IMPORTANT RECEIVED
01:27 - 57.430 QUESTIONNAIRES FROM THE
01:27 - 59.669 DEPARTMENT. THE CLAIM THAT TOOK
01:27 - 01.499 NO ACTION IS SHE HAD SHE HAD
01:28 - 02.710 BEEN ABLE TO FILE A TIMELY
01:28 - 05.990 AND CLAIM IT
01:28 - 07.599 HAS FACED THE ISSUE OF THE
01:28 - 09.289 LABOR DEPARTMENT FINED OVER AND
01:28 - 10.949 SEE JUST HOW CLOSE A TIME
01:28 - 13.959 LIMIT. ISSUING AND IT COMES
01:28 - 15.280 FROM A NATION ALSO
01:28 - 17.159 IF THEY DETERMINE NATIONS WAS
01:28 - 19.649 AN 8 OH OVERPAYMENT THERE'S A
01:28 - 21.690 10 YEAR STATUTE OF LIMITATIONS
01:28 - 23.449 AND WHICH THAT THEY ISSUED THE
01:28 - 24.820 TERMINATIONS ON THAT ISSUE.
01:28 - 26.260 >>AND FOR
01:28 - 29.889 I'M I NEED YOUR YOUR STREAM
01:28 - 31.729 ISSUE THAT THE CLAIM HERE WITH
01:28 - 34.069 NEGLIGENT. BE NEGLIGENT ONE
01:28 - 35.160 MORE BREACH THAT DUTY.
01:28 - 37.459 THE DUTY I THINK THAT YOU'RE
01:28 - 39.250 IDENTIFYING THE BEAUTY TO
01:28 - 42.469 CONTACTED THE DEPARTMENT AND BY
01:28 - 44.049 THE DEPARTMENT OF AN ADDRESS
01:28 - 46.509 CHANGE WHERE AM I GOING TO FIND
01:28 - 48.839 THAT DUTY IN THE BACK CHUTE IN
01:28 - 50.219 THE REGULATIONS WITH THE VISION
01:28 - 51.629 AS A CORRIDOR DECISION OF THE
01:28 - 52.630 BOARD.
01:28 - 56.629 >>FOR EXAMPLE I WOULD SUPPORT
01:28 - 00.459 TO PAY THOSE CASES
01:29 - 02.779 WITH PRIDE. I'M SORRY SAID
01:29 - 04.059 THERE WAS A DUTY ON THE PART OF
01:29 - 05.060 THE CLAIM IT
01:29 - 06.959 TO AND FOR AN EMPLOYEE TO
01:29 - 08.729 UPDATE THERE ADDRESSING ALSO
01:29 - 10.969 POINT OUT YOU SEE HANDBOOK JUST
01:29 - 13.309 LAST STRUCK CLAIMANTS TO CHANGE
01:29 - 14.669 THEIR JUSTICE DEPARTMENT SO
01:29 - 15.899 THAT EVEN IF YOU'RE NOT GOING
01:29 - 18.019 TO BENEFIT IF THEY WILL RECEIVE
01:29 - 19.219 ALL CORRESPONDENCE FROM
01:29 - 20.220 THE DEPARTMENT.
01:29 - 21.759 >>IT WOULD HAVE BEEN HAPPY IN
01:29 - 23.269 WHICH EVEN A CLAIMANT AT THAT
01:29 - 23.550 POINT
01:29 - 24.550 IN TIME.
01:29 - 26.669 >>MORE CASES GOING WITH ACTIVE
01:29 - 28.159 ACTIVE CLAIMS ARE LITIGATED
01:29 - 29.160 CLAIMS WERE.
01:29 - 31.840 >>WHERE WHAT MADE HER CLAIM.
01:29 - 33.550 5 YEARS AFTER THE FACT.
01:29 - 37.239 >>SO IS DUE TO GIVE US A FIGHT
01:29 - 38.240 HERE.
01:29 - 40.280 WHEN WAS IT WAS
01:29 - 42.119 2010 THE CLAIM TO RECEIVE
01:29 - 43.419 BENEFITS SHE STOPPED BY THE
01:29 - 44.650 BENEFITS THE NEXT YEAR.
01:29 - 47.089 AND THE TERMINATIONS WERE
01:29 - 49.159 MAILED TO 2015 SHE DIDN'T SAY
01:29 - 51.130 IT'S A MICHIGAN LEE HILL BUT.
01:29 - 53.959 AND SHE HAD AN OBLIGATION TO
01:29 - 55.279 UPDATE YOUR ADDRESS AND SHE WAS
01:29 - 56.329 NEVER GET MY HANDS
01:29 - 59.219 ON THAT. IN THAT CASE THIS
01:29 - 01.079 QUESTION OF LOVE REALLY A
01:30 - 02.080 WEATHER THING. YEAH.
01:30 - 06.969 DELAY IS UNJUSTIFIED WAS NOT
01:30 - 08.420 DIRECTLY BEFORE THE COURT.
01:30 - 11.529 >>FIRST I NEED TO ASK YOU HOW
01:30 - 12.530 CAN YOU.
01:30 - 14.629 YOU SAY SHE DIDN'T RESPOND TO A
01:30 - 15.919 POSITION AS SHE DID BECOME
01:30 - 18.479 AWARE OF UNTIL SHE GOT SO HE
01:30 - 20.650 FILED AGAINST HER IF SHE EVER
01:30 - 24.399 NEW. CLAIMS SHE'S ALLEGED
01:30 - 26.579 THAT SHE. IT IS 5 HOMES IN THE
01:30 - 28.519 FIRST PLACE. BUT THE REFEREE
01:30 - 29.679 DIDN'T MAKE IN THE BOARD DID
01:30 - 31.919 NOT MAKE ANY FINDINGS ABOUT
01:30 - 32.920 THAT.
01:30 - 37.009 IT ALSO IN THEIR
01:30 - 38.809 CLAIMS OF FRAUD ISN'T IT DOES
01:30 - 40.269 HIM NO YOU KNOW THAT SOME CASES
01:30 - 42.329 IN THEIR CASE AND I'VE BEEN
01:30 - 44.649 REPORTED BUT IT'S INCUMBENT ON
01:30 - 46.040 THE BOARD TO SHOW THAT IT.
01:30 - 47.989 IT CAME IN ACTUALLY RECEIVE
01:30 - 50.909 PAYMENT. SO THOSE SAME SECURITY
01:30 - 52.179 I THINK THERE'S ANYTHING THE
01:30 - 53.760 RECORD. THE GOAL.
01:30 - 55.749 IT WAS ESTABLISHED THAT THE
01:30 - 57.979 CLEANING RECEIVE PAYMENT IF SHE
01:30 - 59.960 WERE FILED ACTUALLY CLAIMS.
01:31 - 01.879 THAT YOU
01:31 - 03.599 KNOW AN ISSUE I WOULD CLEAN WHY
01:31 - 04.789 WOULD SHE HAVE ANY DUTY
01:31 - 06.620 WHATSOEVER TO CONTINUE TO.
01:31 - 08.140 NO FLY.
01:31 - 11.289 HURT IN ANY OF THE CHANGE OF
01:31 - 12.869 ADDRESS ASIDE FROM WHAT SHE
01:31 - 15.760 ALREADY DID HE REGARD. SORTING.
01:31 - 18.969 MY QUESTION TO YOU AND KNOW
01:31 - 20.549 IS IN LIGHT OF ALL OF THAT WHY
01:31 - 22.119 SHOULD WE READ INTO THE COURT
01:31 - 26.450 STUDY'S FINDINGS AND TO APPLY.
01:31 - 30.070 STANDING
01:31 - 31.989 UNDER 43 PER WHOSE THAT SAYS
01:31 - 33.390 THE DEPARTMENT SHALL TRUMP.
01:31 - 36.449 EXAMINE EACH APPLICATION FOR
01:31 - 37.450 BENEFITS.
01:31 - 38.680 HOW DO WE
01:31 - 41.869 DEFINE TRUMP'S THIS FIRE AND
01:31 - 43.189 THERE'S A 10 YEAR STATUTE OF
01:31 - 44.879 LIMITATIONS DO YOU HAVE 10
01:31 - 46.310 YEARS TO ACT PROMPTLY.
01:31 - 48.459 ACCORDING TO THE STATUTE OF
01:31 - 49.460 LIMITATIONS
01:31 - 52.219 HOWEVER I WILL SAY IN THIS CASE
01:31 - 53.719 THE CLAIM RECORD ESTABLISHED
01:31 - 55.059 THAT THE CLAIMANT DID RECEIVE
01:31 - 56.060 THOSE BENEFITS.
01:31 - 58.809 IT'S FAR AS WE'RE CONCERNED
01:31 - 00.389 THIS NOTES THERE WAS ANY
01:32 - 01.390 FINDING MADE
01:32 - 04.619 WAS THERE. MAYBE THERE WAS SIC
01:32 - 06.189 FINDING THE TERMINATIONS OR
01:32 - 07.709 WHAT THEY BELIEVE IT WAS A TIME
01:32 - 08.580 IN THIS CASE YOU WEREN'T
01:32 - 09.699 LOOKING UNDERNEATH THAT WE'RE
01:32 - 10.879 LOOKING AT THE CONDITIONS
01:32 - 11.880 HAVING AN ISSUE.
01:32 - 15.309 >>WHAT YOU'RE PAYING AT THE
01:32 - 16.640 TIME CLAIRMONT MORE.
01:32 - 18.319 >>THE RIM AT A HEARING ON THE
01:32 - 19.320 MERITS.
01:32 - 21.259 >>NO THIS IS TRUE ONLY A
01:32 - 22.729 HEARING ON WHETHER OR NOT
01:32 - 24.499 JURORS AND PILED RENAULT PROTON
01:32 - 25.010 CROWLEY.
01:32 - 26.739 >>SO WHEN YOU SAY THERE WAS A
01:32 - 28.509 FINDING THAT SHE RECEIVED THE
01:32 - 29.959 BENEFIT OF WHAT YOU'RE SAYING
01:32 - 31.479 IS THAT WITHIN THE NOTICE OF
01:32 - 32.480 DETERMINATION.
01:32 - 36.179 47 EVER APPEALED ON AND ON WITH
01:32 - 37.270 THAT WOULD NEVER HEARING.
01:32 - 39.090 THERE WAS NEVER A TIME HE
01:32 - 51.460 >>THE TROUBLE HERE SAYING ANY
01:32 - 54.420 A CLAIMANT AND EVER HAVE.
01:32 - 57.899 BUT THE UNEMPLOYMENT
01:32 - 00.300 COMPENSATION SYSTEM. ON.
01:33 - 04.169 NOTIFY THE DEPARTMENT. ANY
01:33 - 06.099 CHANGE IN THE CRAFT A LOT AND
01:33 - 08.319 AFTER THAT INDIVIDUAL IS
01:33 - 10.040 COLLECTING A BETTER PATH
01:33 - 12.949 AND MOVED ON HAVE A NEW JOB MAY
01:33 - 15.199 BE MOVED TO A NEW DAY THAT
01:33 - 16.859 CLAIMANT MUST NOTIFY THE
01:33 - 17.860 DEPARTMENT.
01:33 - 20.690 AND THE CHANGE ON A DRAFT.
01:33 - 23.219 FOR AT LEAST 10 YEARS IS THAT
01:33 - 24.220 YOUR.
01:33 - 26.729 >>IF YOU KNOW YOU ARE I WOULD
01:33 - 28.289 GO THAT FAR AND I WOULD SAY THE
01:33 - 29.290 CASE LAST
01:33 - 30.500 THERE.
01:33 - 32.069 >>A 10 YEAR STATUTE OF
01:33 - 35.329 LIMITATIONS TO DOES EXIST.
01:33 - 36.939 YES THAT WOULD BE THE WAY TO GO
01:33 - 37.940 IF YOU WANT TO GO IN THAT
01:33 - 40.760 >>WHILE 5 YEARS.
01:33 - 42.930 >>YOU SAY IT'S NOT LONG ENOUGH.
01:33 - 45.220 HOW LONG IS LONG ENOUGH
01:33 - 47.419 AFTER YOU, RICK A PURE LIFE
01:33 - 48.420 BENEFITS TRACK.
01:33 - 51.279 >>I'D SAY WITH AT LEAST
01:33 - 53.039 10 YEARS SO IS IN DISPUTE CHINA
01:33 - 54.319 THAT'S WHY YOU SEE TAMPA
01:33 - 56.319 WARNS THEM. THE CLAIMANTS, I
01:33 - 58.040 MEAN TO UPDATE THEIR ADDRESS.
01:33 - 00.830 ONCE THEY RECEIVE BENEFITS.
01:34 - 03.300 IT'S ALWAYS GOING TO BE A RISK.
01:34 - 04.450 WE WANT TO BE
01:34 - 08.109 >>THE ONLY NOTICE THAT THE
01:34 - 10.349 CLAIMANT GET COVID DUTY TO
01:34 - 13.049 UPDATE AFTER A. IF IN THE
01:34 - 14.749 HANDBOOK AND MAC BUT WE'RE
01:34 - 17.419 QUITE SPECIFICALLY THAT YOU
01:34 - 19.060 MOCK UPDATE THE ADDRESS.
01:34 - 21.310 AFTER YOUR BENEFIT TERMINATE.
01:34 - 25.830 >>THIS CLIMATE IN WHICH
01:34 - 28.619 2017 THERE WAS A QUESTION ABOUT
01:34 - 30.329 TO RECEIVE THE BENEFITS IF SHE
01:34 - 31.819 HAD CONTACTED THE ALL RIGHT,
01:34 - 32.969 THEN WHAT YOU WISH FOR HER SON
01:34 - 33.970 WOULD HAVE DONE.
01:34 - 36.999 >>APPARENTLY I MEAN FOR THE
01:34 - 38.769 EMPLOYER MAKES AN OFFHAND
01:34 - 41.449 REMARK. I DON'T THINK THE PATH
01:34 - 45.070 OF UP TO 2, 4, FROM.
01:34 - 46.890 I THINK THEY CAN PAY.
01:34 - 48.810 >>BEFORE WHERE AM I GOING TO
01:34 - 50.779 FIND IN THE HANDBOOK WITH A
01:34 - 52.219 NOTICE WARNING
01:34 - 55.679 THAT DUTY. BACK TO YOU I THINK
01:34 - 57.119 YOU USE THE WORD WARNING ALL
01:34 - 58.259 USE YOUR WORD WE'RE GOING TO
01:34 - 00.900 FIND THAT THAT THAT THEY HAVE
01:35 - 01.700 UPDATE
01:35 - 02.180 THEIR ADDRESS.
01:35 - 04.419 >>I CAN SET YOUR SPECIFIC CASE
01:35 - 06.369 YOUR HONOR IT INSTRUCTS I WOULD
01:35 - 08.439 USE THAT WORD IF CLINTON AT 5
01:35 - 09.800 POINT OF A CHANGE OF ADDRESS.
01:35 - 11.940 IT'S NOT FILING FOR BENEFITS
01:35 - 13.659 AT THE TIME TO LOOK AT AGAIN
01:35 - 15.489 AGAIN I'M I'M WONDERING WHETHER
01:35 - 16.819 THAT INSTRUCTION WAS REALLY
01:35 - 18.669 DESIGNED TO ADDRESS A CLAIMANT
01:35 - 20.069 WHO IS ACTIVELY FILING FOR
01:35 - 21.429 BENEFITS ARE IN THE PROCESS OF
01:35 - 23.349 FILING FOR BENEFITS NOT ABOUT
01:35 - 24.689 WHAT MAKES THEM A CLAIMANT
01:35 - 25.799 MEANING THEY'RE IN THE PROCESS
01:35 - 26.800 THE CLAIM.
01:35 - 29.579 >>BUT I THINK WE'RE DEALING
01:35 - 31.149 WITH COMPLETELY SORT OF A
01:35 - 32.369 DIFFERENT MAN A LEADER WITH
01:35 - 33.690 SOMEBODY WITH A FORMER CLAIM
01:35 - 37.759 PGA VINDICATE HAS MOVED ON WITH
01:35 - 40.159 THEIR LIVES AND AND THAT
01:35 - 42.399 THEY'RE SORT OF THE ONGOING FOR
01:35 - 44.959 10 YEAR PERIOD. NO PROVISION IS
01:35 - 46.489 THERE ANYTHING IN HAND A BOOK
01:35 - 48.259 THAT TYPICALLY ADDRESSES VOTER
01:35 - 49.519 CAN STEP IN TERMS OF THE DUTY
01:35 - 51.509 TO WARN IF YOU DIDN'T HAVE TO
01:35 - 51.860 UPDATE.
01:35 - 53.559 >>AND IF YOU'RE NOT FILING FOR
01:35 - 55.159 BENEFITS THERE'S BAD THINK THAT
01:35 - 56.259 IF THEY'RE NOT BACK TO THE
01:35 - 57.469 CLAIMANTS THEY STILL HAVE TO
01:35 - 58.510 UPDATE THEIR ADDRESS.
01:36 - 01.100 >>WHEN YOU DON'T KNOW WHERE
01:36 - 02.140 THAT BUT FELL.
01:36 - 04.509 >>I CAN'T SECTOR SAID YEAH, I'M
01:36 - 05.510 SORRY.
01:36 - 14.960 SO WE'RE ASKING THE QUESTION
01:36 - 15.960 HOW A FAMILY.
01:36 - 17.950 >>THE TRIBUTE THAT
01:36 - 21.309 IS ONLINE A TRIBUTE IT IN PRINT
01:36 - 22.700 FORM EVERY CLAIMANT.
01:36 - 26.869 >>THEY THEY WILL RECEIVE IT ONE
01:36 - 28.159 WAY OR THE OTHER AND THEY ARE
01:36 - 29.450 EXPECTING THEIR INSTINCTS.
01:36 - 31.560 PHASE WE DID NOT JUST IN THIS.
01:36 - 35.309 THE SITUATION. 2 ISIS OUT OF
01:36 - 36.310 ALL THE WHOLE.
01:36 - 39.570 IT'S
01:36 - 41.269 FAR AS WE SEE THE BENEFITS IN
01:36 - 42.270 QUESTION ABOUT IT.
01:36 - 45.469 >>IF YOU HAVE A REFERENCE IN
01:36 - 47.010 YOUR BRIEF TO THE HANDBOOK.
01:36 - 48.540 NO I DON'T.
01:36 - 51.339 >>AND I HAD ASKED YOU EARLIER
01:36 - 52.320 AND I DON'T THINK YOU HAD A
01:36 - 52.720 CHANCE
01:36 - 55.579 TO ANSWER WILL SOMEONE CLAIMS
01:36 - 57.019 THAT THEY NEVER RECEIVED OR
01:36 - 59.569 APPLIED FOR THESE BENEFITS IF
01:36 - 01.420 THE BOARD THEY HAVE SOME DUTY
01:37 - 04.760 EXCEPT THE 2 NATIONS.
01:37 - 06.100 >>OR ALLOW FOR.
01:37 - 07.650 >>A HEARING TO DO SO.
01:37 - 10.409 NOT A 45 TO JURISDICTION BY THE
01:37 - 11.699 FACT THAT THERE'S AN UNTIMELY
01:37 - 13.269 APPEAL YOUR HONOR AND THAT WAS
01:37 - 14.270 THE CASE HERE.
01:37 - 16.299 IT WAS ONLY IN TIMELY BECAUSE
01:37 - 17.110 SHE SAID SHE DIDN'T
01:37 - 19.809 RECEIVE IT. SHE NEVER FILED ITS
01:37 - 21.639 FLEET WHICH TO BE TENSE FOR
01:37 - 22.900 SUCH ONLY A FEW
01:37 - 24.809 SHE DIDN'T SHE SAYS SHE DIDN'T
01:37 - 26.669 APPLY FOR THESE BENEFITS YOU
01:37 - 29.189 SEE THEM IN GETTING THE NOTICES
01:37 - 33.149 UNTIL. SHE FELL ON A TRULY NOT
01:37 - 34.919 WAS FILED AGAINST HER AND THEN
01:37 - 36.850 SHE TOOK PROMPT ACTION.
01:37 - 39.109 SO WITH THAT REPAVING THE
01:37 - 41.219 QUESTION TO SAY THAT SHE BODY
01:37 - 42.740 SHE SAYS SHE NEVER GOT IT.
01:37 - 45.639 SO AND SHE EVER APPLY FOR THEM,
01:37 - 46.659 I DON'T UNDERSTAND HOW THE
01:37 - 47.500 BOARD CAN MAKE ANY
01:37 - 50.199 DETERMINATION UNTIL ASSESSES
01:37 - 51.970 WHETHER THAT'S 2.
01:37 - 55.089 PLAN OUT YOUR HONOR THAT THE
01:37 - 56.469 CLAIMANT NEVER MADE A CLAIM OF
01:37 - 58.749 FRAUD OF ANY KIND SPORTS, NO
01:37 - 59.750 IDENTITY THEFT.
01:37 - 01.670 >>CLAY MOORE AND I SIMPLY SAID
01:38 - 03.170 I DIDN'T RECEIVE A.
01:38 - 06.420 SHE HAD CALLED CUMMINGS
01:38 - 07.090 SORRY.
01:38 - 09.330 >>THE ROUTE WILL FOCUS A LOT ON
01:38 - 12.149 A SO-CALLED NEGLIGENT OF
01:38 - 14.229 THE QUEEN IS THERE ANYTHING IN
01:38 - 16.940 THE RECORD THAT. THE POPE TOLD.
01:38 - 21.539 ON WHY IT TOOK THE DEPARTMENT 5
01:38 - 22.540 YEARS TO FIND.
01:38 - 26.770 OCCASIONAL FUN.
01:38 - 29.010 >>NOTHING IN THE RECORD 202.
01:38 - 32.329 >>AND I TO MAKE YOUR POINT
01:38 - 34.319 IS THAT THERE'S NO NEGLIGENCE
01:38 - 36.409 ON THE DEPARTMENT FOR WAITING 5
01:38 - 39.159 YEARS TO INVESTIGATE ANY CLAIM
01:38 - 40.660 THAT THEY THINK MIGHT HAVE BEEN
01:38 - 42.620 IN APPROPRIATELY GIVEN.
01:38 - 45.489 >>I'M ASSUMING YOU ARE AT THE
01:38 - 47.490 TIME IT HAD DUE DILIGENCE TO
01:38 - 49.519 UNDERCOVER ANY FACTS ABOUT
01:38 - 51.459 THIS PLAN AND I WOULD JUST GO
01:38 - 52.740 OUTSIDE AND SEE.
01:38 - 55.029 THERE'S NO STATUTORY TIME
01:38 - 56.389 LIMIT IMPOSED ON THE DEPARTMENT
01:38 - 58.289 AS FAR AS INVESTIGATING FOR US
01:38 - 59.410 TO DETERMINE NATIONS.
01:39 - 01.939 >>UNDERSTAND YOUR POSITION I I
01:39 - 03.959 JUST THINK IT'S A WAY OF WHAT
01:39 - 05.069 WE'RE TRYING TO PUT ON
01:39 - 06.989 THE CLAIMANT ALL THE WHILE
01:39 - 08.859 TRYING TO BUY THAT THE FACT
01:39 - 10.069 THAT THE DEPARTMENT SAT ON THIS
01:39 - 11.559 FOR 5 YEARS AND THEN WOKE UP
01:39 - 13.539 AND DECIDED THEY WANTED TO AND
01:39 - 15.240 WHERE THE INDIVIDUAL FOR.
01:39 - 17.469 IN THEIR OPINION AND
01:39 - 19.179 INAPPROPRIATE USE OF OR
01:39 - 20.180 GRANTING OF FUN
01:39 - 22.959 AND I THINK FROM MY PERSPECTIVE
01:39 - 24.150 THAT THE BALANCE OF THE 2.
01:39 - 25.340 IF WE'RE GOING TO THE
01:39 - 27.629 NEGLIGENCE ON THE CLAIMANT I
01:39 - 28.570 UNDERSTAND YOUR PAIN
01:39 - 30.569 YOUR PERMISSION. BUT THEY'RE
01:39 - 33.489 STILL GOING TO BE A LONG PERIOD
01:39 - 36.139 OF TIME WHERE NOTHING MOVE AND
01:39 - 37.719 YOU WOKE UP AND DECIDED TO GO
01:39 - 39.660 AFTER. I BELIEVE
01:39 - 43.179 $7,000. YOUR YOUR POSITION IS
01:39 - 44.619 WE CAN DO WHAT WE WANTED LONG
01:39 - 45.570 AS WE GET UNDER THE
01:39 - 48.159 10 YEAR. THAT'S A LIMITATION
01:39 - 49.570 BUT YOU CAN CALL IT THAT.
01:39 - 51.879 >>I WOULD GO THERE FOR YOU TO
01:39 - 53.989 SAY THAT PORTMAN ALWAYS ACTS AS
01:39 - 56.320 QUICKLY AS THEY CAN. IN THIS
01:39 - 58.750 SITE.
01:39 - 00.139 >>BUT YOU ARE PAYING NEAR THE
01:40 - 01.249 10 YEAR STATUTE OF
01:40 - 02.400 LIMITATION HER.
01:40 - 04.519 >>OVER THE OVERPAYMENT YES AND
01:40 - 05.599 THEY WERE WELL WITHIN THAT
01:40 - 07.180 STATUTE OF LIMITATIONS.
01:40 - 11.690 >>EXAMINATION MEAN
01:40 - 14.850 SOMEWHERE BETWEEN VERO AND PAN
01:40 - 15.900 IN HERE.
01:40 - 19.369 >>I THINK THE MOST ANTICIPATED
01:40 - 20.679 THIS CASE THAT IT DOES TAKE
01:40 - 23.229 TIME FOR THE DEPARTMENT TOO BAD
01:40 - 24.230 THAT THERE'S A PROBLEM
01:40 - 28.330 AND THEN TO TAKE ACTION.
01:40 - 30.969 >>WHO MISSED WHAT I I MEAN I
01:40 - 31.200 DON'T
01:40 - 32.849 I DON'T I DON'T REALLY HAVE A
01:40 - 33.869 PROBLEM WITH YOU IF YOU'RE
01:40 - 35.539 TAKING THE 10 YEARS BACK TO GET
01:40 - 36.729 TO 10 YEARS OF THAT TO GIVE YOU
01:40 - 37.929 10 YEARS WE'RE TALKING ABOUT
01:40 - 38.850 HERE GIVING THE CLAIM IN AN
01:40 - 40.969 OPPORTUNITY TO BAT. AND THAT'S
01:40 - 42.019 REALLY ALL WE'RE TALKING ABOUT
01:40 - 42.470 HERE AND I'M NOT
01:40 - 43.470 SURE WHY.
01:40 - 45.439 >>IF THE DEPARTMENT OF GOING TO
01:40 - 46.539 THE MATTRESSES ON SOMETHING
01:40 - 47.540 LIKE THIS.
01:40 - 49.089 >>I WOULD JUST POINT TO COURT
01:40 - 50.279 TO THE FACT THAT SHE HAD 2
01:40 - 51.509 OPPORTUNITIES SHE COULD HAVE
01:40 - 53.130 UPDATED FORECAST OR
01:40 - 55.529 IN 2017 SHE SIMPLY PICKED UP
01:40 - 56.859 THE PHONE AND CALLED HIS HEART
01:40 - 58.929 AND SHE DID OPEN. WELL
01:40 - 59.410 CERTAINLY.
01:40 - 00.849 >>SHE 3RD I AGREE
01:41 - 02.889 WITH YOU SHE CERTAINLY WOULD
01:41 - 04.359 HAVE BUT YOU'RE ARGUING
01:41 - 06.539 NEGLIGENT WITH SUGGESTS SHE HAD
01:41 - 08.579 TO HAVE NOT THAT SHE COULD HAVE
01:41 - 09.889 BUT THAT SHE HAD A DUTY TO DO
01:41 - 11.399 IT. THAT'S WHY I'M TRYING TO
01:41 - 13.409 UNDERSTAND WHY THE DEPARTMENT
01:41 - 14.779 GOING TO THE MATTRESSES ON THIS
01:41 - 17.029 BECAUSE SHE COULD HAVE DONE
01:41 - 18.030 SOMETHING THAT NO DOUBT.
01:41 - 19.700 WHY DID SHE HAVE TO.
01:41 - 21.370 AND WE DON'T WANT THE
01:41 - 22.659 DEPARTMENT CARE WHETHER YOU
01:41 - 23.660 WANT TO GET AMERICA.
01:41 - 27.299 >>WE HAVE NO JURISDICTION,
01:41 - 29.229 YOUR HONOR. IT WAS UNTIMELY UP
01:41 - 31.139 YOU. WE HAVE TO GET PAST THAT
01:41 - 32.900 FIRST, WE CAN GET THE MERITS
01:41 - 34.020 AND THIS CASE.
01:41 - 37.709 WELL THEY CLAIM THEY DIDN'T
01:41 - 39.350 RECEIVE BENEFITS.
01:41 - 44.989 IF THERE'S A CLAIM THEY DID NOT
01:41 - 46.869 RECEIVE BENEFITS IN ADDITION,
01:41 - 48.299 NOT AND NOT HAVING FOUND THE
01:41 - 49.300 CLAIM.
01:41 - 52.029 ISN'T IT INCUMBENT ON THE BOARD
01:41 - 53.359 TO MAKE THAT IF THAT'S WHAT
01:41 - 54.670 LOOKED TO FOCUS FOR.
01:41 - 57.850 WE CAN SHOW THAT SHE WAS
01:41 - 00.050 NOT NEGLIGENT. BUT I THINK
01:42 - 04.450 THE COURT NOT SEE
01:42 - 06.699 THAT SHE HAD 2 OPPORTUNITIES TO
01:42 - 08.209 BE ABLE TO FILE A TIMELY APPEAL
01:42 - 09.479 AND SHE DIDN'T DO THAT AND I
01:42 - 10.600 SEE THEM OUT OF TIME
01:42 - 12.839 AND AND SO I'M OPEN TO ANY
01:42 - 14.100 OTHER QUESTIONS THE COURTHOUSE.
01:42 - 17.710 IF YOU LIKE THE SUMMER.
01:42 - 20.939 QUICK SO FAST BEFORE ITS
01:42 - 22.629 TERMINATION THE CLAIMANT WAS
01:42 - 25.320 NEGLIGENT IN THIS MESS.
01:42 - 32.440 >>ALL RIGHT FROM THE HEALTH.
01:42 - 35.280 >>THANK YOU
01:42 - 37.619 YOUR HONOR. UNFORTUNATELY WE
01:42 - 40.009 ARE OUT THE CLAIMANT HANDBOOK
01:42 - 42.769 THAT EXISTED IN 2012. AND THAT
01:42 - 43.970 WOULD BE WHAT WOULD HAVE QUIT.
01:42 - 45.830 CLINTON ANY FORM OF NO IT'S NOT
01:42 - 48.659 TO THE COUNCIL IS REFERRING TO
01:42 - 50.069 AND EVEN SOME FROM NOTICE THAT
01:42 - 50.430 YOU SHOULD
01:42 - 53.479 UPDATE YOUR WITH THE DEPARTMENT
01:42 - 56.130 TO DID NOT PUT ON NOTICE.
01:42 - 57.810 THAT'S INCUR TO A T
01:42 - 00.169 THE TERROR THREAT, NO MATTER
01:43 - 01.970 WHERE THEY LIVE. MY
01:43 - 06.009 ALSO NEW THIS SECTION YOU WHO
01:43 - 08.079 ARE. HOW THE 10 YEAR SENT
01:43 - 10.409 TO COLLECTIONS AND OVER PEOPLE
01:43 - 11.589 NEED THE DEPARTMENT CAN ONLY
01:43 - 13.240 MOVE TO WHO MY
01:43 - 16.439 10 AFTER THE INITIAL CLAIM WAS
01:43 - 18.230 FILED THAT WAS LATER DETERMINED
01:43 - 19.890 TO HAVE AN OVER PAYMENT.
01:43 - 21.859 BUT MOST IMPORTANTLY JUST
01:43 - 23.420 CROSSING TOUCHED ON THIS.
01:43 - 25.930 THIS IS NOT A CASE ABOUT.
01:43 - 28.989 WHETHER THE DEPARTMENT HAS A
01:43 - 30.789 TIME LIMIT ON WHEN HE ISSUED
01:43 - 32.870 THE DETERMINATIONS. IT IS ABOUT
01:43 - 35.930 WHETHER A 5 YEAR DELAY. IT
01:43 - 39.069 OPPORTUNITY TO CONTEST THE
01:43 - 40.969 MERITS OF THE OVERPAYMENT THE
01:43 - 42.890 DEPARTMENT HERE DID NOT ACT
01:43 - 44.689 FOR 5 YEARS AND THEN ALL OF A
01:43 - 46.659 SUDDEN WITH NO EXPLANATION AND
01:43 - 47.660 THERE CERTAINLY WAS
01:43 - 49.439 NO EVIDENCE ON THE RECORD THAT
01:43 - 51.359 THE DILIGENTLY AS INCLUDING HOW
01:43 - 53.129 TO CLAIM, AND THEY CAME
01:43 - 54.779 AFTER HER. THOUSANDS
01:43 - 57.219 OF DOLLARS PENALTY AMOUNT AND
01:43 - 59.080 FOR 39 TO BE.
01:44 - 02.019 5 YEARS AFTER THE CLAIM ENDED
01:44 - 03.440 WITH NO COMMUNICATION
01:44 - 05.839 IN BETWEEN AND SHE'S CLEARLY
01:44 - 07.049 SEE THAT HE DID NOT RECEIVE
01:44 - 08.679 THIS INFORMATION AND THE MOMENT
01:44 - 11.219 SHE LEARNED ACTUAL OVERCAME AND
01:44 - 13.459 SHE CALLED THE DEPARTMENT KEY
01:44 - 15.059 TO HER ADDRESS WHEN SHE WOULD
01:44 - 15.770 ADVISE OF HER
01:44 - 17.679 APPEAL RIGHT. SHE IMMEDIATELY
01:44 - 19.519 APPEALED ALL WITHIN A 12 DAY
01:44 - 21.859 PERIOD. AND WHEN SHE LEARNED OF
01:44 - 23.739 THE NOTICE OF LIEN I GUESS
01:44 - 25.509 YOU'RE FOR THIS OVERPAYMENT AND
01:44 - 26.620 FOR THOSE REASONS WE
01:44 - 28.539 I BELIEVE THAT THIS CASE CAN BE
01:44 - 31.209 GRANTED. RELIEF ON THE APPEAL.
01:44 - 32.599 THE TIME WAS THAT WE FEEL UNDER
01:44 - 34.229 EITHER THE NOT NEGLIGENT
01:44 - 36.419 CONDUCT. PROBLEM WHO ARE THE
01:44 - 37.680 MINISTRY TO BREAK DOWN PROP.
01:44 - 41.520 I JUST FROM CLEAR.
01:44 - 45.690 I UNDERSTAND THE
01:44 - 46.210 NOT TOO.
01:44 - 48.179 >>THE ADMINISTRATE BREAKDOWN
01:44 - 50.180 AND THE KNOT NEGLIGENT COM
01:44 - 53.019 CONDUCT. IT DOES GO PRO COME
01:44 - 54.599 YOU WANT TO RIVER TOLL ON THE
01:44 - 56.700 MARRIAGE. ON THE BASIS OF WHAT.
01:44 - 58.700 A DEPARTMENT DID
01:44 - 00.209 NOT UNDERTAKE PROMPT
01:45 - 01.210 EXAMINATION.
01:45 - 05.889 >>THIS UNDER THIS COURT'S PRIOR
01:45 - 08.289 PRECEDENT OF FLYING. THE
01:45 - 10.040 DOCTRINE OF LACKEYS TO.
01:45 - 12.079 GOVERNMENT AGENCIES THAT THERE
01:45 - 13.760 WAS A WANT AND DUE DILIGENCE.
01:45 - 16.569 IN. THE CONDUCT OF THE BOARD
01:45 - 19.459 AND THE CHEATING. THIS HE
01:45 - 22.349 THINK THAT THE TO THE PRESIDENT
01:45 - 24.969 BY THAT. LET WE BELIEVE THERE
01:45 - 26.439 IS SUBSTANTIAL EVIDENCE TO MAKE
01:45 - 28.219 THAT DETERMINATION. FOR THE
01:45 - 29.220 COURT.
01:45 - 36.420 BACK CONCLUDE OUR ARGUMENT.
01:45 - 37.940 ON A
01:45 - 40.269 NUMBER 27 IMPORTANT PAY VERY
01:45 - 42.429 WELL ARGUED ON BOTH SIDES VERY
01:45 - 43.430 MUCH.
01:45 - 46.290 >>ACTIVE NUMBER 28.
01:45 - 48.490 NOVEMBER ON
01:45 - 51.159 BOND SESSION. I THINK COUNCIL
01:45 - 53.310 BOTH KNOW THE RULES OF THE ROAD
01:45 - 56.120 WE ALLOW 50 MINUTES PER FRY.
01:45 - 57.660 PERFECT.
01:45 - 00.339 INTERVIEW IF YOU ARE THAT WOULD
01:46 - 01.999 BE MISTER EICHEL YOU MAY READ
01:46 - 03.030 ARE SOME OF YOUR
01:46 - 05.819 15 MINUTES FOR REBUTTAL WE'VE
01:46 - 06.520 READ THE BRIEF.
01:46 - 09.429 WE RECOMMEND THAT YOU GO RIGHT
01:46 - 11.020 TO THE HEART OF YOUR ARGUMENT.
01:46 - 14.829 NUMBER 28 IS AN APPEAL THAT CAN
01:46 - 16.910 TURN THE APPLICATION OF GENPACT
01:46 - 19.569 CORPORATION. HER RESEARCH AND
01:46 - 21.300 DEVELOPMENT TAX CREDIT FOR THE
01:46 - 24.679 2016 TAX YEAR. A DEPARTMENT OF
01:46 - 26.650 REVENUE AND GENPACT THE LETTER
01:46 - 29.660 DAVID SEPTEMBER FOR 2017.
01:46 - 31.920 NO TO FIND AN IMPACT THAT
01:46 - 34.019 IF APPLICATION FOR THAT THAT
01:46 - 36.609 TAX CREDIT WAS DUE BY THE
01:46 - 40.379 NUMBER 15 2017. THE LETTER WAS
01:46 - 42.879 POSTMARKED SEPTEMBER 13 AND
01:46 - 45.289 JEN HACK RECEIVED THE LETTER ON
01:46 - 47.950 SEPTEMBER 8 CAME AFTER THE DATE
01:46 - 48.490 IT
01:46 - 51.129 WOULD DO IMPACT IMMEDIATELY
01:46 - 53.530 FILED A TAX CREDIT APPLICATION.
01:46 - 56.899 ON DECEMBER 1520 17 THE
01:46 - 58.209 DEPARTMENT ISSUED A LETTER
01:46 - 58.390 COULD
01:46 - 00.159 GAIN PACKED DENYING THE
01:47 - 02.250 APPLICATION HAS SOME TIMELY.
01:47 - 05.309 IMPACT APPEALED TO THE
01:47 - 07.250 DEPARTMENT BOARD OF APPEAL
01:47 - 08.869 ARGUING THAT IT BELIEVES THAT
01:47 - 10.740 IT APPLICATION DEADLINE
01:47 - 13.409 CORRESPONDED WITH A FEDERAL A
01:47 - 15.460 TAX RETURN EXTENSION DEADLINE
01:47 - 17.410 AND THAT THE DEPARTMENT NOTICED
01:47 - 19.999 WHAT AN ADEQUATE BECAUSE THAT
01:47 - 21.989 WOULD BAN ONLY DAYS BEFORE THE
01:47 - 22.990 DEADLINE.
01:47 - 25.799 UNDERLYING PAIN, 28 PAIN, THE
01:47 - 26.080 BOARD
01:47 - 28.439 OF APPEALS IN I'M JEN TAX
01:47 - 29.600 APPEAL FOR LACK OF
01:47 - 33.340 EXPLAINING
01:47 - 34.749 THAT THERE WAS NO PROVISION IN
01:47 - 36.279 THE TAX CREDIT LAW FOR AN
01:47 - 37.720 ADMINISTRATIVE APPEAL.
01:47 - 40.529 THE BOARD OF APPEALS STATED
01:47 - 40.680 THAT
01:47 - 42.589 JAM PACKED YOUR PETITION FOR
01:47 - 44.749 THE PARK REVIEW WITH GENENTECH
01:47 - 45.750 DEAD.
01:47 - 47.879 THE FIRST ISSUE ON APPEAL
01:47 - 49.959 CONCERN JUST QUARTER FICTION
01:47 - 52.419 MORE TYPICALLY. WHETHER
01:47 - 55.909 THAT DEPARTMENT 12/15/2017,
01:47 - 57.600 LETTER DENYING JAM PACKED.
01:47 - 00.749 CREDIT APPLICATION HAS BEEN
01:48 - 02.589 TIMELY IS AN APPEAL
01:48 - 06.390 ADJUDICATION WEATHER
01:48 - 08.149 B. AT THE
01:48 - 09.789 DEPARTMENT ARGUED THE PETITION
01:48 - 11.769 FOR REVIEW TO COURT WITH ON
01:48 - 14.089 TIMELY BECAUSE IT WAS NOT FILED
01:48 - 15.619 WITH HIM 30 DAYS OF
01:48 - 17.869 A LETTER AND TURNING THE COURT
01:48 - 20.199 HAVE HER PICTURE AND UP THE 5
01:48 - 22.129 WHETHER THE DEPARTMENT AIR AND
01:48 - 23.590 DENYING JOHN PACK.
01:48 - 26.239 CREDIT APPLICATION APP ON
01:48 - 28.280 TIMELY AND WHETHER GENPACT
01:48 - 30.369 APPEAL AND GOVERNED BY THE
01:48 - 33.039 TAXPAYER. PHILIP RIGHT. THAT
01:48 - 34.040 YOU.
01:48 - 40.049 >>WOULD YOU LIKE TO READ OR
01:48 - 41.050 SOME TIME.
01:48 - 42.979 THANK YOU I'D LIKE TO RESERVE
01:48 - 43.980 ONE MINUTE.
01:48 - 49.590 MAY PLEASE
01:48 - 50.050 THE COURT.
01:48 - 51.649 MY NAME IS BEN MICHAEL FROM
01:48 - 53.059 ARCHER AND BRIAN ARE HERE TODAY
01:48 - 54.509 ON BEHALF OF THE PETITIONER
01:48 - 55.600 CENTEX CORPORATION.
01:48 - 58.169 AS JUDGE LET I EXPLAINED THE
01:48 - 59.530 FACTS I WILL NOT FORSAKE
01:49 - 01.470 THEY'RE LARGELY NOT DISPUTE.
01:49 - 05.099 WE'LL FIRST START WHAT JUST
01:49 - 06.639 LANDED ON A FIGHT AS THE FIRST
01:49 - 08.909 ISSUE AND THAT IS WHETHER THIS
01:49 - 10.580 IS AN APPEAL WANT YOU TO CATION
01:49 - 12.929 WHICH THIS COURT CAN YOU CAN
01:49 - 14.909 FORGIVE. AND I SUBMIT THAT IT
01:49 - 16.889 IS. THE DEA JUST
01:49 - 19.449 CAPITAL DECISION. FIRST
01:49 - 20.969 DEPARTMENT OF NEIGHBORHOODS IN
01:49 - 22.709 THE ASSISTANCE ADDRESS
01:49 - 24.220 DEVELOPED VERY SIMILAR SHIP.
01:49 - 27.830 IF THE PETITIONER THAT CASE.
01:49 - 31.159 SO APPEAL PLY A
01:49 - 32.160 NEIGHBORHOOD ASSISTANCE.
01:49 - 33.759 MANY THE DEVELOPMENT TAX
01:49 - 35.890 CREDIT. IT WAS GRANTED A NOT
01:49 - 37.580 $20,000.
01:49 - 40.270 IT IS THEN.
01:49 - 43.280 CHALLENGE THAT DECISION
01:49 - 45.019 INTENDING IT WASN'T AISLE TO
01:49 - 47.929 PROTECT. THE DEPARTMENT OF
01:49 - 49.010 NEIGHBORHOOD ASSISTANCE
01:49 - 50.729 INTENDED THAT THIS COURT DOES
01:49 - 52.509 NOT HAVE JURISDICTION BECAUSE
01:49 - 54.059 THAT WAS NOT AN EDUCATION
01:49 - 56.939 SUBJECT TO IT. HE DID JUST
01:49 - 58.719 CAPITAL PORT WENT THROUGH THE
01:49 - 00.150 ADMINISTRATIVE AGENCY LAW
01:50 - 02.409 AND DETERMINED THAT THIS WAS IN
01:50 - 03.410 THE KITCHEN
01:50 - 06.099 IN DETERMINATION REGARDING TAX
01:50 - 08.019 CREDIT. IT IS AN EIGHT-TERM A
01:50 - 09.919 NATION REGARDING THE PROPERTY
01:50 - 12.010 RIGHT AND THEREFORE METHODIST
01:50 - 14.000 THE DEFINITION OF EDUCATION
01:50 - 17.509 UNDER THE ADMINISTRATIVE IN
01:50 - 20.239 REACHING THAT DECISION. THE IT
01:50 - 22.089 JUST HAPPENED A SHORT CHASE IN
01:50 - 23.090 THE CAPITAL.
01:50 - 25.629 WE'RE CHECKING SOME OF THE VERY
01:50 - 26.979 ARGUMENTS THAT THE DEPARTMENT
01:50 - 28.370 OF REVENUE HAS MADE HERE.
01:50 - 31.909 REJECTED THE ARGUMENT THAT THE
01:50 - 32.640 STATE UNDER
01:50 - 34.809 AN EXCEPTION. AND THAT IT WOULD
01:50 - 36.549 HAVE TO GO THROUGH THE
01:50 - 38.170 PROCESSES OF THE BOARD FEELS
01:50 - 40.929 FINANCE TO YOU AND THAT THE
01:50 - 43.129 DETERMINATION WAS THERE FOR AND
01:50 - 44.830 EDUCATION THAT COULD HEAR IT.
01:50 - 49.079 HE DIDN'T JUST CASE. A COURT
01:50 - 50.959 DID NOT HOLD THAT THE ONLY
01:50 - 52.960 REMEDY FOR THE TERMINATION.
01:50 - 56.299 NOW THE TAX CREDIT WAS TO
01:50 - 57.090 SIMPLY TAKE THE
01:50 - 00.059 TAX CREDIT AND TO THEN FILE AN
01:51 - 01.489 AMENDED RETURN THEM
01:51 - 04.099 TO CHOW IF THIS IS THE ARGUMENT
01:51 - 05.319 THAT THE DEPARTMENT OF REVENUE
01:51 - 07.269 STRAIGHT YEAR. IF THE ONLY
01:51 - 09.569 MEANS OF CHALLENGING THE
01:51 - 12.119 DECISION ON A TAX CREDIT, ITS
01:51 - 14.659 TO 10 IN CREDIT. IF I HAD A
01:51 - 16.729 MEDICAL OR THE DEPARTMENT OF
01:51 - 18.090 REVENUE WITHIN CHALLENGE THAT.
01:51 - 20.109 AND WHEN THAT PROCESS WAS
01:51 - 21.110 CHALLENGE.
01:51 - 22.749 IT WOULD THEN GO THROUGH THE
01:51 - 23.850 DEPARTMENT OF REVENUE'S
01:51 - 26.329 MISTER PROCESS I'M GOING TO THE
01:51 - 28.129 BOARD OF APPEALS AND THEN TO
01:51 - 29.450 THE FINANCE WILL GET.
01:51 - 31.789 >>WELL THE GOVERNOR SAID IN
01:51 - 34.560 PART FROM POSITION IS THAT IF.
01:51 - 36.539 YOU DO NOT
01:51 - 38.899 LIKE THE DETERMINATION ARE YOUR
01:51 - 39.390 TECH
01:51 - 41.849 CREDIT. WHETHER ON AMERICA HER
01:51 - 43.869 BECAUSE IT WAS ON TIMELY FILED
01:51 - 45.180 COURT IN THE DEPARTMENT.
01:51 - 47.270 >>YOU'RE ONLY GREAT FOR
01:51 - 50.469 IF THE TAKE THE TAX CREDIT WHEN
01:51 - 53.709 YOU FILE YOUR TAX RETURN AND
01:51 - 55.409 HOPE THAT THE CAMA WILL NOT
01:51 - 57.160 PURSUE YOU. 4.
01:52 - 03.989 HER CAREER TO PAY THE TAX AND
01:52 - 05.570 ALSO PURSUE YOUR PRE PENALTIES
01:52 - 08.649 >>CORRECT AS MY UNDERSTANDING
01:52 - 08.728 OF
01:52 - 09.729 APARTMENTS POSITION.
01:52 - 11.189 >>WELL THE THE WELL THE DOOR
01:52 - 12.749 AFTER THE FACT RIGHT HERE TO BE
01:52 - 13.210 THERE YOU WOULD
01:52 - 15.329 THEY DO IN FACT IT'S ALREADY
01:52 - 16.569 BEEN PAID WHAT YOU'RE APPLYING
01:52 - 17.759 FOR YOU TO ACTUALLY FILE AN
01:52 - 19.130 AMENDED RETURN FOR A CRACK.
01:52 - 21.139 THAT WOULD BE A FIRE ALL YEAR.
01:52 - 22.399 SO IT'S NOT THAT YOU'RE ASKING
01:52 - 24.179 FOR WITHHOLDING MONEY FROM THE
01:52 - 25.219 GOVERNMENT HERE TO THANK YOU
01:52 - 26.599 WANT TO CREDIT 100 PATRIOT ACT
01:52 - 27.640 THAT BECAUSE YOU OVERPAID.
01:52 - 30.070 >>THAT IS MY UNDERSTANDING
01:52 - 31.969 OF HOW THE DEPARTMENT HAS
01:52 - 33.129 SUGGESTED THAT WILL BE THE
01:52 - 34.250 CORRECT PROCEDURE TO FOLLOW.
01:52 - 36.749 >>NOW NOW GOING BACK TO THE
01:52 - 38.790 QUESTION OR OUR JURISDICTION.
01:52 - 40.919 YOU HAVE A DETERMINATION THAT
01:52 - 41.920 YOU'RE OUT OF TIME WITH THE
01:52 - 43.919 NUMBER 1520 17 WITHOUT AN
01:52 - 44.920 EDUCATION.
01:52 - 46.840 >>AND I BELIEVE THAT WAS AN
01:52 - 47.950 EDUCATION THAT'S.
01:52 - 49.480 >>IF THAT WOULD NEED YOU TO
01:52 - 51.249 CATION YOU HAD TO APPEAL THAT
01:52 - 52.250 WITHIN 30 DAYS.
01:52 - 54.509 >>CORRECT AND AND JEN
01:52 - 56.709 TAXES POSITION IN THIS CASE IS
01:52 - 57.949 THAT THE COURT SHOULD EXERCISE
01:52 - 00.309 JURISDICTION ON TOP. DESPITE
01:53 - 02.109 THE LATE FILING TO
01:53 - 03.729 THIS COURT WHICH WOULD MAKE IT
01:53 - 05.080 ACCESSIBLE 50 DAYS.
01:53 - 08.620 IF THERE IS NO CLEAR RULES
01:53 - 10.729 SUMMIT BY
01:53 - 12.799 THE TAXPAYER. IT'S A CLEAR
01:53 - 14.979 UNDERSTANDING OF HOW TO HEAL
01:53 - 16.530 THE NATION ON TAX CREDIT.
01:53 - 19.029 >>AND IF IT CONTINUED OCCASION,
01:53 - 20.099 THE ADMINISTRATIVE AGENCY
01:53 - 21.120 LOCKOUT BEHIND A LOOK.
01:53 - 25.539 >>I AGREE THAT IT DOES HOWEVER
01:53 - 27.710 IN THE CASE OF THE TAXPAYER.
01:53 - 30.439 >>WHO RECEIVES IS ENTITLED TO
01:53 - 32.029 RECEIVE CLEAR COMMUNICATIONS
01:53 - 33.400 FROM THE DEPARTMENT OF REVENUE
01:53 - 35.160 REGARDING ITS RIGHTS.
01:53 - 39.879 I BELIEVE IT NEEDS TO IT NEEDS
01:53 - 41.139 TO ACTUALLY BE NOTIFICATION
01:53 - 43.129 REGARDING IMPROPER WAY OF
01:53 - 44.290 TIMING OF THAT APPEAL.
01:53 - 46.679 AND THAT IS IF IT DEPARTMENT
01:53 - 48.779 TELL YOU IN THE IN THE IN THE
01:53 - 50.839 MEMBER 15TH, 2017 LETTER TO
01:53 - 52.969 TAKE YOUR APPEAL TO THE BOARD
01:53 - 53.470 OF FINANCE AND
01:53 - 54.470 REVENUE PROCESS.
01:53 - 56.439 >>IN THE DECEMBER 15TH WHERE A
01:53 - 57.320 SILENT ON WHAT
01:53 - 59.819 TO DO. IF THERE'S A SIMPLE SAYS
01:53 - 02.429 ITS THEMED WAY. AND THAT
01:54 - 03.430 IS IT.
01:54 - 06.539 THE WHEN THE JULY 2 LETTER CAME
01:54 - 08.889 DOWN THAT THAT WAS IN RESPONSE
01:54 - 10.249 TO THE PETITION TO THE COURT OF
01:54 - 12.179 APPEALS. IT WAS SUBMITTED IN
01:54 - 13.930 FEBRUARY AND THAT WAS WITH IN
01:54 - 16.059 THE 60 DAY PERIOD TO MAKE A
01:54 - 17.169 SUBMISSION TO THE COURT OF
01:54 - 20.129 APPEALS IMPORTANT JOB RESPONDED
01:54 - 21.130 WITH.
01:54 - 22.719 WE DON'T HAVE JURISDICTION OVER
01:54 - 24.029 THIS MATTER BECAUSE IT WAS
01:54 - 26.329 FILED LATE. IT IS A BIG
01:54 - 28.729 DECEMBER 15TH. A LETTER WAS A
01:54 - 31.179 5 TO TERMINATION AND THEREFORE
01:54 - 32.689 YOUR RECOURSE IS TO GO TO THE
01:54 - 34.309 COMMONWEALTH COURT BY A 5 TO
01:54 - 37.249 SHOOT IT. FOR YOUR POSITION AND
01:54 - 37.420 YOUR
01:54 - 38.450 POSITION IS.
01:54 - 40.849 >>IT'S THE ONLY WAY WE CAN
01:54 - 42.279 EXERCISE JURISDICTION OR SHOULD
01:54 - 43.629 EXERCISE JURISDICTION IN THE
01:54 - 45.780 CASE BY RANTANEN PRO PROPERLY.
01:54 - 47.949 >>AND YOUR BABY TURN ON
01:54 - 49.560 NEGLIGENCE OR CAN DANCE TO.
01:54 - 52.959 IT IS A DEPARTMENT IN TELL YOU
01:54 - 54.509 WHERE TO GO IN THE TOP 15
01:54 - 56.919 LETTER OR IT WAS UNCLEAR WHERE
01:54 - 57.920 TO GO.
01:54 - 01.409 >>IT IS MY POSITION IS
01:55 - 02.889 THAT IT IS UNCLEAR WHERE TO GO
01:55 - 03.959 FOR THE AVERAGE TAX THE
01:55 - 06.449 TAXPAYER IN THIS POSITION AND
01:55 - 08.020 GIVEN THE DEPARTMENTS,
01:55 - 10.789 A PRACTICE OF SENDING LETTERS
01:55 - 13.049 TELLING TAXPAYERS. I WOULD FEEL
01:55 - 13.870 THEIR RIGHTS WHICH IS
01:55 - 16.389 CONSISTENT WITH A TAXPAYER BILL
01:55 - 17.889 OF RIGHTS WHICH GUARANTEES
01:55 - 20.509 THEIR COMMUNICATION. I THINK
01:55 - 22.259 THAT THE ALLEGATION HAS TO BE A
01:55 - 23.240 PERMANENT FOR EVERYONE, THIS
01:55 - 25.009 TYPE OF CIRCUMSTANCE IS TO
01:55 - 28.209 PROVIDE. NATION AND I THINK
01:55 - 30.429 THAT BECOMES HIGHLIGHTED THE
01:55 - 31.719 UNCERTAINTY TO
01:55 - 34.349 THE TAXPAYER. IT WAS ON THE
01:55 - 35.939 DEPARTMENT OF REVENUE'S OWN
01:55 - 37.159 ACTIONS IN THE CASE THEN
01:55 - 40.019 SHIFTING POSITIONS IN WHEN IT
01:55 - 41.660 FIRST RAISED THE
01:55 - 43.829 JURISDICTION, ALICIA. THE
01:55 - 45.429 DEPARTMENT OF REVENUE STATED
01:55 - 47.589 THAT IT WAS SIMPLY A MATTER JEN
01:55 - 48.590 TEXTING WAIT
01:55 - 50.649 DECEMBER 15TH. A LETTER WAS AN
01:55 - 53.189 EDUCATION AT 30 DAYS THAT MISS
01:55 - 54.190 THAT.
01:55 - 56.309 IN RESPONSE TO A MOTION FOR
01:55 - 57.839 EVIDENTIARY HEARING IN THIS
01:55 - 58.840 CASE.
01:56 - 01.559 >>DRY COUGH. I'M SORRY TO
01:56 - 02.719 INTERRUPT I JUST WANT TO MAKE
01:56 - 03.680 SURE I UNDERSTAND THAT
01:56 - 05.259 TIMETABLE WHEN YOU GOT THE
01:56 - 07.150 LETTER IN SEPTEMBER.
01:56 - 09.329 BUT YOU'RE NOT GETTING THE PACK
01:56 - 10.999 CREDIT BECAUSE IT WAS TOO LATE
01:56 - 12.559 HERE THEM FILED WITH THE COURT
01:56 - 13.560 OF APPEAL.
01:56 - 16.489 >>KNOW THAT THAT'S YOU KNOW
01:56 - 17.490 THAT'S NOT CORRECT THE
01:56 - 20.280 SEPTEMBER LETTER IN SEPTEMBER
01:56 - 22.539 LETTER NOTIFIED
01:56 - 24.499 JEN TAX THAT APPLICATION.
01:56 - 25.709 THE RESEARCH DEVELOPMENT TAX
01:56 - 27.580 CREDIT IS DUE IN SEPTEMBER 15.
01:56 - 32.059 JENNER RESPONDED BY SUBMITTING
01:56 - 33.449 APPLICATIONS DEPARTMENT OF
01:56 - 34.899 REVENUE THAT WOULD NOT HAVE
01:56 - 35.900 BEEN SUPPORTIVE OF.
01:56 - 39.180 >>AND WHAT I'M
01:56 - 41.609 WHAT I'M BY 1215 LETTER WITH
01:56 - 42.739 THE LETTER FROM THE DEPARTMENT
01:56 - 44.679 DENY YOUR REQUEST FOR THE TAX
01:56 - 46.190 CREDIT IS ON TIME RIGHT.
01:56 - 47.320 >>CORRECT.
01:56 - 49.879 >>AND YOUR ARGUMENT IS THAT
01:56 - 50.880 THAT LETTER.
01:56 - 52.729 SHOULD HAVE INCLUDED A
01:56 - 54.369 STATEMENT ON WHERE THE
01:56 - 55.979 CHALLENGE THAT THE TERMINATION
01:56 - 57.669 OF UNTIMELY DEATH UNDER THE
01:56 - 58.670 TAXPAYER BILL OF RIGHTS.
01:56 - 00.430 >>YES.
01:57 - 05.009 >>WHAT YOU DID WHEN YOU GOT THE
01:57 - 07.699 DECEMBER 15 LETTER REPEALED TO
01:57 - 08.720 THE BOARD OF APPEAL.
01:57 - 10.749 IF YOU DIDN'T GET ANY CONTRARY
01:57 - 12.909 AND TRUCKS YOU APPEAL TO THE
01:57 - 13.910 BOARD OF APPEAL.
01:57 - 16.149 >>CORRECT AGENDA ACTS AS A HAT
01:57 - 18.379 WITH OTHER TAX MATTERS TO YOU
01:57 - 20.659 AND YOU GET THAT WITHIN 30 DAYS
01:57 - 21.660 OF RECEIPT.
01:57 - 23.590 >>IT WAS WITHIN 60 DAYS.
01:57 - 25.230 YOU ARE WHICH IS NOT THAT ONE
01:57 - 26.650 FOR MAKING SUCH A SUBMISSION.
01:57 - 30.460 OKAY, ALL RIGHT. I'M LIKE THAT.
01:57 - 32.889 THANK YOU. NO IT'S OKAY I HAVE
01:57 - 34.819 MYSELF GOTTEN, YEAH, THE
01:57 - 36.210 DIFFERENT FORMS CONFUSED.
01:57 - 39.369 AND SO WHAT YOU CAN TEXT A
01:57 - 40.819 PLACE IT FILED THE APPEAL
01:57 - 41.820 PROCESS.
01:57 - 43.949 BASED ON ITS OWN UNDERSTANDING
01:57 - 46.359 OF HOW TO APPEAL AND AT THAT AS
01:57 - 47.370 IT HAD IN THE PAST.
01:57 - 51.569 AND NOW WE WANT TO GO BACK TO
01:57 - 52.760 YOUR QUITE WAS WRONG.
01:57 - 59.449 AND SO IT IS NOT NEGLIGENCE
01:57 - 01.399 BECAUSE THERE'S NO CLEAR A
01:58 - 03.879 STATUE 2 STATUES RULE. IT
01:58 - 05.659 PROVIDED EXACTLY HOW TAXPAYERS
01:58 - 06.990 CLOSE TO HANDLE THE SITUATION
01:58 - 09.040 AND THAT IT WOULD REQUIRE.
01:58 - 12.749 AND HALEY AMERICA'S TYPICALLY
01:58 - 14.979 NOT HANDLED BY ATTORNEYS FIGHT
01:58 - 17.919 HAPPENS AND BUT BUT I. KNOWING
01:58 - 19.319 UNDERSTAND THE DECISION OF THE
01:58 - 20.769 CAPITAL. THIS WAS A
01:58 - 21.999 DETERMINATION THAT COULD ONLY
01:58 - 25.319 GO THROUGH. 2 TO 4 DECISION
01:58 - 28.299 FOR YOU AND WHERE IN FACT IS
01:58 - 28.770 THE DEPARTMENT
01:58 - 30.349 OF REVENUE. IT PROVIDES
01:58 - 31.859 INSTRUCTIONS TO PARTIES THAT
01:58 - 34.059 HOW TO PROPERLY FIELD AND JUST
01:58 - 35.420 A CHALLENGE TO THE NATION'S.
01:58 - 44.379 AND I SUBMIT THAT HE GRAB A NEW
01:58 - 45.929 POSITION IN THIS CASE, THE ONLY
01:58 - 50.019 REMEDY AND GO TO. I THINK THE
01:58 - 51.269 FISCAL CROWD. IT
01:58 - 53.719 SIMPLY IS NOT DOES NOT MAKE ANY
01:58 - 55.789 SENSE IT AND IT'S ON
01:58 - 58.390 TRACK TO A PROPER RESOLUTION.
01:58 - 00.540 HANDLING AT THIS TIME AT.
01:59 - 02.430 REGARDING THE
01:59 - 05.119 ISSUE OF WELL AS FOR JACKSON IS
01:59 - 06.449 PREPARING SOME ARE HIGH.
01:59 - 07.590 BUT THE DEPARTMENT.
01:59 - 09.410 >>WELL AFTER ALL RIGHT HERE.
01:59 - 14.529 >>FAME QUESTION. WHAT IS THE
01:59 - 16.259 TYPICAL COLD REMEDY, BUT THE
01:59 - 17.839 COMPARTMENT, THANKS YOU SHOULD
01:59 - 18.840 HAVE HURT HIM.
01:59 - 22.369 >>I WAS A LOUD COUNCIL TRACKING
01:59 - 23.890 MY UNDERSTANDING BASED ON THAT
01:59 - 26.310 FIRE GUTS IN THIS CASE IS THAT.
01:59 - 28.540 >>IRAN THAT HE WOULD HAVE BEEN.
01:59 - 32.119 >>EITHER FILE IN IT, SO THEN
01:59 - 34.529 AMENDED RETURN. BOARD AMENDED
01:59 - 36.539 REPORT OF SOME KIND WHICH WOULD
01:59 - 38.480 THEN INCREASE CREDIT ITSELF.
01:59 - 42.459 THE DEPARTMENT FOR THAT CONTEST
01:59 - 44.689 THAT. IT WILL NOT ALLOW
01:59 - 45.690 THE AMENDMENT.
01:59 - 49.009 GENENTECH'S WITH THAT SHOW
01:59 - 51.389 THAT DETERMINATION THROUGH THE
01:59 - 52.809 MORE TYPICAL THE PARTNER RATHER
01:59 - 54.129 THAN A STRAIGHT A PROCESS WHICH
01:59 - 55.340 WOULD BE THE BOARD OF APPEALS.
01:59 - 57.759 FINANCE FOR YOU AND THAT COULD
01:59 - 58.920 EVENTUALLY GET TO THIS POINT.
02:00 - 04.030 REGARDING
02:00 - 07.039 WEATHER TOO. A BRAND NEW PRO
02:00 - 08.969 TRUMP REALLY THE DEPARTMENT HAS
02:00 - 10.160 MADE THE ARGUMENT THAT
02:00 - 11.669 NO PERCENT BELIEVE IT IS NOT
02:00 - 14.250 APPROPRIATE IN TAX SITUATIONS
02:00 - 16.409 BECAUSE OF THE BRIDGE IS NATURE
02:00 - 18.049 OF THE STATUTORY CODE AND TO
02:00 - 20.479 ALLOW THIS PLANET AND I WANT TO
02:00 - 21.819 POINT OUT THAT THAT IS NOT THE
02:00 - 22.920 CASE AND THAT
02:00 - 25.479 IN PRIOR INSTANCES THAT SO MANY
02:00 - 26.250 PORTS, INCLUDING THE
02:00 - 28.079 PENNSYLVANIA SUPREME COURT AND
02:00 - 29.120 ALLOW FOR
02:00 - 30.869 GRANTING THE FIRST TIME REALLY
02:00 - 33.000 IN TAX MATTERS SPECIFICALLY
02:00 - 35.319 UNION ELECTRIC CORPORATION FOR
02:00 - 36.339 SUPPORTIVE OF PROPERTY
02:00 - 38.699 ASSESSMENT APPEALS ABOUT IN
02:00 - 42.350 COUNTY. AND IN THAT CASE LOCAL
02:00 - 44.199 PROPERTY BOARD ALLOWED FOR AN
02:00 - 45.519 EXTENSION OF TIME FOR A
02:00 - 47.269 CHALLENGE. STOPPARD
02:00 - 48.270 ASSESSMENTS.
02:00 - 50.769 THE ELEPHANT CHALLENGE
02:00 - 52.269 ASSESSMENT AND TOOK IT TO
02:00 - 53.799 TRIAL. THE
02:00 - 56.079 TRIAL COURT. THAT THE
02:00 - 57.289 LOCAL BOARD DID NOT HAVE THE
02:00 - 58.499 AUTHORITY TO EXTEND THE DEBT
02:00 - 00.109 CLOCK AND THAT'S THE CURE WAS
02:01 - 01.110 LATE.
02:01 - 02.539 THE PENNSYLVANIA SUPREME COURT
02:01 - 04.259 ARE HOLDING THAT WHILE THE
02:01 - 05.329 LOCAL BOARD DID NOT HAVE
02:01 - 07.059 THAT AUTHORITY. IT WOULD BE
02:01 - 09.129 PATENTLY UNJUST UNFAIR TO NOW
02:01 - 10.130 TO THE KNOT.
02:01 - 12.509 THAT AND SEE ITS RIGHT TO
02:01 - 13.810 CHALLENGE THAT DETERMINATION.
02:01 - 16.609 AND SO THIS THIS TYPE OF RELIEF
02:01 - 17.969 IS POSSIBLE IN THIS IN THE
02:01 - 19.879 INSTANCES OF THE TAX CODE AND
02:01 - 20.880 IT'S NOT.
02:01 - 23.310 A
02:01 - 24.310 COUNCIL ESTATE.
02:01 - 26.249 >>TERRIFIED BY UNDERSTAND THIS
02:01 - 27.250 ISSUE AND THEN.
02:01 - 30.499 YOU AGREE THAT THE SEPTEMBER
02:01 - 32.090 LETTER WAS AN EDUCATION
02:01 - 34.699 BUT BECAUSE IT IT TO TO SO
02:01 - 36.510 UNDER BILLIE JEAN C LAW.
02:01 - 39.329 IT WILL BE HERE TO
02:01 - 41.969 TELL COURT. BUT FOR THE FACT
02:01 - 43.719 THAT YOU'RE SEEING IT HAD TO
02:01 - 44.250 HAVE.
02:01 - 47.349 >>AND HE PARAGRAPH NOTIFY YOU
02:01 - 49.289 WHO WRITE TO HIM TO COME OFF
02:01 - 49.570 COURT.
02:01 - 51.119 >>SOME KIND OF LANGUAGE LIKE
02:01 - 53.530 THEY HAD IN NEED IN JULY.
02:01 - 57.760 >>ESSENTIALLY YES THAT WHERE
02:01 - 59.889 AND THERE'S THE TAXPAYER BILL
02:01 - 01.570 OF RIGHTS THAT PROVIDES FOR
02:02 - 02.809 SOME FORM OF CLEAR
02:02 - 05.419 COMMUNICATION. THE DECEMBER
02:02 - 07.089 LETTER IT PROVIDED NO
02:02 - 09.359 INFORMATION WHATSOEVER WHEN IT
02:02 - 10.180 IS THE PRACTICE OF THE
02:02 - 11.289 DEPARTMENT OF REVENUE TO
02:02 - 12.660 PROVIDE THIS INFORMATION.
02:02 - 15.129 SO THAT APPEALS TO ME MADE AND
02:02 - 17.059 PARTICULARLY IMPORTANT IN THIS
02:02 - 18.829 TYPE OF INSTANCE BECAUSE
02:02 - 19.830 IT'S NOT
02:02 - 23.209 A TERMINATION THROUGH THE
02:02 - 23.630 DEPARTMENT
02:02 - 25.359 OF REVENUE'S TYPICAL
02:02 - 26.729 ADMINISTRATIVE APPEALS TO THE
02:02 - 29.179 STANDARD PROCESS. IT KIND OF
02:02 - 31.469 DETERMINATION BY THE DEPARTMENT
02:02 - 32.889 OF REVENUE IS THE BOARD OF
02:02 - 34.309 APPEALS COURT OF APPEALS AND
02:02 - 35.349 THE BOARD OF FIRE AND SMOKE
02:02 - 35.600 CRACK
02:02 - 37.839 A NUT IT'S SOMETHING OUTSIDE OF
02:02 - 39.279 YOUR MARRIAGE AND THEREFORE I
02:02 - 40.579 BELIEVE THE ALLEGATIONS SHOULD
02:02 - 42.939 NOT REVENUE. IT IS
02:02 - 44.379 DONE PROPERLY. IT SHOULD
02:02 - 45.620 PROVIDE SOME INFORMATION TO THE
02:02 - 49.219 >>DID YOU HAVE ANY OPPORTUNITY
02:02 - 50.649 REALLY HARD TO DEVELOP A
02:02 - 51.650 RECORD.
02:02 - 56.489 WE WERE GIVEN THE OPPORTUNITY
02:02 - 57.290 TO DEVELOP THE RECORD YOUR
02:02 - 59.409 HONOR I INITIALLY THE
02:02 - 01.610 STIPULATIONS OF FACT THE TREE.
02:03 - 05.639 MY TIME IS NOW UP MOST OF ANY
02:03 - 06.640 ADDITIONAL QUESTIONS.
02:03 - 08.719 >>IF YOU'RE COMMITTED THE 5TH
02:03 - 09.720 ELATION.
02:03 - 11.460 >>IF YOU WANT RIGHT NOW.
02:03 - 14.059 THAT WAS TO GET ON BOARD OF
02:03 - 16.330 APPEALS. THE STABILITY.
02:03 - 18.930 IT WAS
02:03 - 21.259 SUBMITTED TO THE TO
02:03 - 23.639 THE SCORE. FOR THE COURT THAT'S
02:03 - 24.640 RIGHT. IT'S OK.
02:03 - 30.899 >>ALL RIGHT, THANK YOU YOU HAVE
02:03 - 32.240 YOUR ALL RIGHT.
02:03 - 39.929 >>MADE THE COURT CAN YOU HEAR
02:03 - 40.930 ME.
02:03 - 45.949 I'M WITH THAT GENERAL IN HERE
02:03 - 47.059 ON BEHALF OF THE DEPARTMENT OF
02:03 - 48.060 REVENUE.
02:03 - 49.550 ALTHOUGH THERE ARE A
02:03 - 52.179 NUMBER THE BUT I WILL PRESENT
02:03 - 53.539 THEIR IP ONE THING THAT WE CAN
02:03 - 56.059 AGREE ON IS WHAT THE TAX BILL
02:03 - 57.930 OF RIGHTS SAYS IT SAYS THAT.
02:03 - 01.539 IF THE PARTY
02:04 - 03.699 DID THERE EAR BUT THE FAILURE
02:04 - 04.770 OF AN APARTMENT
02:04 - 09.750 THAT I EVER ANY BACK TO GO.
02:04 - 11.769 WE CAN'T FIND ANY OTHER EVEN TO
02:04 - 14.149 THE LAW IN SHALL NOT FOR ANY
02:04 - 15.439 PERCEIVED TO BE BACK IN A
02:04 - 16.940 MINUTE LATER THE CITY
02:04 - 21.549 IMPORTANT BECAUSE ITS NEXT
02:04 - 24.229 LEADER HAS SPOKEN TO GET BACK
02:04 - 25.230 HOME.
02:04 - 27.319 I MEAN YOU GO UP INTO THE
02:04 - 28.649 TERMINATION OF WHETHER OR NOT
02:04 - 30.410 THIS COURT HAS JURISDICTION.
02:04 - 35.460 I THINK ONE OF THE NET.
02:04 - 38.030 I DESERVE TO BE THAT.
02:04 - 43.469 WE NEVER HEAR THAT THE LAST
02:04 - 44.539 THING A LOT OF FACTS THAT ARE
02:04 - 45.689 HERE ALL THE PARTIES
02:04 - 47.369 STIMULATION IDENTIFIED YOU
02:04 - 49.439 COULD USE IT DOCUMENTS BAD
02:04 - 51.780 ACTUALLY IN EXCHANGE HERE.
02:04 - 54.360 IT TALKS ABOUT HOW THE.
02:04 - 56.879 APPLICATION FOR RESEARCH AND
02:04 - 58.800 DEVELOPMENT CREDIT. IT WAS NOT.
02:04 - 02.880 IF UNTIL SEPTEMBER 1820
02:05 - 05.019 I 70 AND THAT'S IMPORTANT
02:05 - 06.599 BECAUSE THE STATUTE. THE
02:05 - 07.830 DEPARTMENT'S REGULATION.
02:05 - 11.579 IF WE CAN DEVELOP CREDIT IN
02:05 - 11.810 EACH
02:05 - 15.020 OF THE IF YOU OR YOUR FAMILY,
02:05 - 17.079 IF SCHOOLS IN THE STATE THAT AN
02:05 - 18.460 APPLICATION MUST BE FILED.
02:05 - 21.099 I THINK THE KEY HERE THAT CAN
02:05 - 22.400 HAPPEN IN THAT FUNNY TO YOU.
02:05 - 24.830 THE TAXPAYERS NOW HOPING TO DO
02:05 - 26.170 IT IS YOU
02:05 - 29.880 AN ALLEGATION TO.
02:05 - 35.890 ITS SUCCESSOR CAN DO THAT TOO.
02:05 - 41.949 GRANT FROM OUR DO YOU NEED TO
02:05 - 43.749 SUBMIT THE APPLICATION ON OR
02:05 - 44.840 DEPARTMENT FORM.
02:05 - 48.650 >>AND BY THAT IS WHY BY THE.
02:05 - 51.390 A DEPARTMENT OF REVENUE
02:05 - 54.790 IN A POLICY UNDER 61 SECTION
02:05 - 56.230 9.1 7.
02:05 - 00.510 >>IF THEY DON'T HAVE
02:06 - 02.109 THE FORM HOW DO THEY GET THE
02:06 - 02.940 FORM THERE
02:06 - 03.940 ON TIME.
02:06 - 06.489 >>THE ONLY AVAILABLE ONE FROM
02:06 - 07.330 THE WEST SIDE.
02:06 - 09.959 IT ALSO. THE STATUE ITSELF
02:06 - 12.099 EXPLICITLY SAID THAT THEY HAVE
02:06 - 15.509 TO BUY ABOUT 15. SO IF THEY
02:06 - 17.329 DIDN'T HAVE BEFORE EXPECTING
02:06 - 18.330 THAT NO.
02:06 - 22.089 I LIKE WHAT HE DID BUT IT IS IT
02:06 - 23.260 DID NOT HAVE ONE
02:06 - 24.599 AND THEY WOULD STILL HAVE A
02:06 - 26.470 DUTY TO FILE THEIR APPLICATION.
02:06 - 28.120 I CAN'T GET IT DONE WITH IT.
02:06 - 31.069 YEARS PRIOR TO THAT. BUT I
02:06 - 32.339 THINK THAT HIGHLIGHTS ONE OF
02:06 - 33.340 THE ISSUES HERE
02:06 - 35.719 THAT ERECTING DOESN'T SUPPORT
02:06 - 36.859 THEIR CLAIMS WE HAD AN
02:06 - 38.799 OPPORTUNITY TO DEVELOP THOSE
02:06 - 39.969 BACK AND THEY'RE NOT PART OF
02:06 - 40.970 THAT.
02:06 - 44.910 WHILE THERE WAS
02:06 - 47.019 AN AFFIDAVIT THAT WAS SUBMITTED
02:06 - 48.689 TO THE COURT OF APPEAL THAT IS
02:06 - 49.879 NOT PART OF ACTING THERE ARE
02:06 - 53.249 SOME. WE CAN WHY DID YOU PUT
02:06 - 55.469 THAT ALL TO LEAVE. THAT IS
02:06 - 57.060 ENTIRELY IRRELEVANT.
02:06 - 00.089 A SUPREME COURT THEY DID IN
02:07 - 01.090 QUEST DIAGNOSTICS
02:07 - 03.659 2.16. BUT WHAT A BULL RACING
02:07 - 05.089 CANNOT BE USED TO EXTEND THE
02:07 - 08.269 TIME PERIOD IN AN AVERAGE OF
02:07 - 11.899 ONE POINT HAVE A HOLLY HUGHES
02:07 - 12.900 OUT HOW.
02:07 - 14.779 >>THERE HAS BEEN PRIOR CASES
02:07 - 16.389 THAT HE'S NOT FROM SOME
02:07 - 17.770 VARIATION TO EXTEND VIOLENT.
02:07 - 20.349 IN THE CASE IN OUR SIGHT OF
02:07 - 22.799 WHAT HE DECIDED HE DIDN'T WEAR
02:07 - 24.669 ALL RELATE TO LOCAL PROPERTY
02:07 - 25.670 TAXES.
02:07 - 26.170 >>I
02:07 - 28.349 MISTER BAUER. YEAH, THE
02:07 - 30.239 QUESTION YOU'RE A LOCAL PACK, I
02:07 - 31.380 MEAN THE THE ATTACK.
02:07 - 38.809 MY QUESTION IS NOT WHETHER OR
02:07 - 41.989 NOT A TAXPAYER IN
02:07 - 45.559 THE CASE. IN NEWS THAT AND FILE
02:07 - 46.600 AN UNTIMELY
02:07 - 49.929 APPLICATION TIME. MY QUESTION
02:07 - 51.400 YOU IS THAT
02:07 - 54.659 OR GIVE THE BENEFIT OF THE
02:07 - 57.169 TAX PAYER, THE REQUIREMENT OF
02:07 - 58.689 THE DEPARTMENT TO SET UP A
02:07 - 01.129 MINISTRY THAT WHEN THEY MAKE OF
02:08 - 02.650 THE NILE THE TYPE ATTACK.
02:08 - 07.399 MY UNDERSTANDING OF YOUR YOUR
02:08 - 09.329 QUIET CONDITION OF THE DO NOT
02:08 - 09.640 HAVE
02:08 - 11.789 THE POWER. YOU HAVE A MINISTRY
02:08 - 13.199 TO PROFIT FROM THE DEPARTMENT
02:08 - 14.789 OF REVENUE WHEN THEY DENY THE
02:08 - 16.269 TAX CREDIT IS
02:08 - 18.619 THAT FAIR EDITOR'S NATION OF
02:08 - 20.789 YOUR CLIENT'S POSITION. IT
02:08 - 22.509 ISN'T THERE AND REALLY I THINK
02:08 - 23.869 THE LEGISLATURE HAS SAID HE
02:08 - 25.290 NEEDED 3 TO 6.
02:08 - 26.480 >>PROCESS
02:08 - 32.560 MAY BE TOO GREAT NEWS OR TAKE
02:08 - 35.489 EARLY ON A NIGHT OF WITH I I I
02:08 - 37.309 I UNDERSTAND WHAT YOU THINK THE
02:08 - 39.040 REMEDY YEARS WHICH I FIND.
02:08 - 42.399 >>A PROBLEMATIC BECAUSE YOU'RE
02:08 - 44.039 EITHER YOU'RE YOU'RE DEFYING
02:08 - 45.889 THE DEPARTMENT NO MATTER WHICH
02:08 - 46.300 PATH
02:08 - 48.579 YOU PICK THEY THEN USED THE
02:08 - 49.699 DEPARTMENT OF REVENUE SENT A
02:08 - 51.169 LETTER AND SAID WE'RE NOT GOING
02:08 - 52.889 TO GIVE YOU THE TAX CREDIT AND
02:08 - 54.579 THEN YOU'RE AN IDIOT. THE
02:08 - 56.769 TAXPAYER HAS THE PIE. THE
02:08 - 58.689 DEPARTMENT ONE OF 2 DIFFERENT
02:08 - 00.939 WAYS EITHER SEEK A REFUND OR BY
02:09 - 01.940 THE TAX CREDIT.
02:09 - 04.939 ON AN AMENDED AND THEN MOVE
02:09 - 07.470 FORWARD AND THEN IF YOU FIT.
02:09 - 08.850 WITH THE
02:09 - 10.439 DEPARTMENT AFTER THE DEPARTMENT
02:09 - 11.839 HAS ALREADY SAID THEY'RE NOT
02:09 - 13.100 GOING TO GRANT TAX CREDIT.
02:09 - 16.109 MY REAL QUESTION IS WHY DID THE
02:09 - 19.669 TAXPAYER. NOT ALLOW
02:09 - 21.429 THE DEPARTMENT ALL SET
02:09 - 23.909 UP A PROCESS TO REVIEW THE TYPE
02:09 - 24.540 OF PLANE.
02:09 - 26.579 IF YOU CAN ADMINISTRATIVELY GO
02:09 - 28.159 THROUGH PROCESS. ONE THAT YOU
02:09 - 29.509 WOULD HAVE GONE THROUGH
02:09 - 32.089 IT YOU IF THE TAXPAYER WITH FOR
02:09 - 33.909 THE FIRE DEPARTMENT AND GO ONE
02:09 - 35.459 OF 2 DIFFERENT WAY THAT I DO
02:09 - 37.879 THAT WHY CAN'T THE DEPARTMENT
02:09 - 40.689 HAD ADMINISTRATIVE PROCESS BY
02:09 - 42.929 THE TAXPAYER BILL OF RIGHTS SET
02:09 - 44.609 THAT UP AND THEREFORE
02:09 - 46.990 THEN WE AND THEN WE CLEAN THAT
02:09 - 50.379 AND MY UNDERSTANDING FROM WORK
02:09 - 51.739 TO OTHER DEPARTMENTS THAT
02:09 - 54.109 ADMINISTER A TAX CREDIT TO THE
02:09 - 56.279 B B AND REGARDLESS OF
02:09 - 58.119 THE LEGISLATIVE INTENT THAT WAY
02:09 - 59.879 WE WOULD KNOW A FINAL
02:09 - 01.470 DETERMINATION FROM THE FOREMAN
02:10 - 02.969 WE WOULD THEN GET THE APPEAL
02:10 - 05.399 FROM THE COMMONWEALTH COURT AND
02:10 - 06.509 WE'RE NOT GOING TO HAVE THE
02:10 - 08.879 TAPE ON BATCH. GOING BACK
02:10 - 10.529 AND FORTH. I READ THE TAX
02:10 - 13.800 PAYER. IT WILL DRY. WOW
02:10 - 15.529 THE DEPARTMENT TO
02:10 - 17.819 HAVE THE SET UP PROCESS IN
02:10 - 19.639 ORDER TO BENEFIT THE TAXPAYERS
02:10 - 22.259 WHO WANTED TO YOU. A CLAIM ON
02:10 - 24.749 NOT GETTING. A GRANTING OF THE
02:10 - 25.750 TAX CREDIT.
02:10 - 28.750 >>IN I UNDERSTAND THE QUESTION.
02:10 - 31.389 I THINK IS WHETHER OR NOT IM
02:10 - 31.770 NOT GOING
02:10 - 34.159 TO DO. RATING BY THE ARMY HAS
02:10 - 35.559 THE AUTHORITY TO CREATE
02:10 - 37.130 ESSENTIALLY A TASK OR.
02:10 - 39.439 SHE WILL LIKELY NOT ATTACKED
02:10 - 41.059 ACCORDING TO THE MINISTRY TO
02:10 - 42.060 PROFIT.
02:10 - 44.479 GOVERNOR BROWN CAIN HAS JUST
02:10 - 44.830 BEGUN
02:10 - 45.210 ON A.
02:10 - 47.159 >>AND YOU WERE DO THEY TOOK A
02:10 - 49.089 REFUND AND WHEN PLAYED THROUGH
02:10 - 50.090 THAT ONE.
02:10 - 51.930 >>AND THAT MAY BE THE KEY
02:10 - 53.979 BECAUSE THE LEGISLATURE IS SET
02:10 - 55.229 UP TO PROCESS THE COURT OF
02:10 - 56.230 APPEALS IN THE
02:10 - 58.439 411. I THINK THE STATUTE THAT
02:10 - 59.969 THE LEGISLATURE SET UP AND THEY
02:10 - 01.699 SAID IT'S HIS HOUSE TO THE
02:11 - 04.079 BLAST. SO IT IS EXTREMELY
02:11 - 05.309 IMPORTANT ESPECIALLY IN THE
02:11 - 06.310 CASE BECAUSE.
02:11 - 09.099 IT WAS ALL TAXPAYERS
02:11 - 12.249 AND THAT IS GIVEN YEAR 1127
02:11 - 14.930 YEARS. I LIKE TO EAT
02:11 - 16.819 WITHIN 30 DAYS TO COME THE
02:11 - 18.360 REVENUE SIDE
02:11 - 20.249 WHERE HE'S RIGHT. IT'S GOING TO
02:11 - 21.469 GO TO THE LIMITED NUMBER OF
02:11 - 23.130 CREDIT YOU GET IN THIS YEAR'S
02:11 - 24.930 55 MILLION. IT WAS A
02:11 - 27.020 100 MILLION CREDIT SAW
02:11 - 29.279 SO THAT PERIOD HE SAID HE WOULD
02:11 - 31.990 SHOW THAT. WHY.
02:11 - 36.150 DUE PROCESS.
02:11 - 38.569 IT IS SO TALK BACK TO
02:11 - 39.889 THE LEGISLATURE BASE THAT IS
02:11 - 41.359 WHAT MISTER BOWERS DOESN'T THAT
02:11 - 42.619 DOESN'T THAT SORT OF TAKE THAT
02:11 - 44.239 CAME OUT OF THE STANDARD
02:11 - 45.879 EDITION FOR REFUND TO TAKE THE
02:11 - 46.880 CREDIT.
02:11 - 48.539 >>ADMINISTRATIVE PROCESS THAT
02:11 - 50.879 THAT 15 IF MAKE A SPECIAL KIND
02:11 - 51.390 OF CREDIT.
02:11 - 54.369 >>SAD. YOU HAVE IT YOU HAVE
02:11 - 55.719 A TERMINATION OF THE MISSION OF
02:11 - 57.839 THE TERMINATION BEFORE YOU
02:11 - 58.879 WOULD FILE A PETITION FOR A
02:11 - 59.880 REFUND.
02:12 - 01.859 >>WE'RE CREDIT AND FOLLOW THAT
02:12 - 03.529 A NEW WAY TO PROCESS THE
02:12 - 06.349 PROCESS WAS OVER WHEN THE
02:12 - 08.279 DEPARTMENT BAD WE'RE NOT GIVING
02:12 - 09.729 YOU THE CREDIT FOR GIVING IT TO
02:12 - 10.979 SOMEBODY OUT THERE WITH NOTHING
02:12 - 11.980 TO REALLY.
02:12 - 13.869 FILE A PETITION FOR RELIEF
02:12 - 15.280 UNDER PETITION FOR CREDIT ON.
02:12 - 19.079 >>EXACTLY LIKE A CROSS IN AND
02:12 - 21.179 THAT HE IS THAT'S WHY THE
02:12 - 22.589 DEPARTMENT OF REVENUE COURT OF
02:12 - 23.810 APPEAL AND
02:12 - 25.859 IT HAD THE FIRE WITHIN 30 DAYS
02:12 - 28.260 TO PUSH YOU TO THE AGENCY ALL
02:12 - 30.649 OTHER TAXES. RIGHT SO JUST
02:12 - 32.239 BEING OUT OF TOWN TO GET THAT
02:12 - 33.809 BACK UP AGAIN YOUR ARGUMENT
02:12 - 34.810 THAT
02:12 - 36.819 >>IT'S AN ATTACK BECAUSE IT IS
02:12 - 38.390 AN ADMINISTRATIVE AGENCY LOCHTE
02:12 - 40.859 IT COULD BE ABOUT IT COULD BE
02:12 - 41.220 ABOUT
02:12 - 43.739 WITH YOU IF IT'S NOT A TAX CUT.
02:12 - 44.720 IT'S A QUESTION OF WHETHER
02:12 - 45.829 THERE WAS A TIME WE APPEAL OF
02:12 - 47.449 AN ADJUDICATION UNDER THE
02:12 - 48.729 ADMINISTRATIVE AGENT PEOPLE ON
02:12 - 50.119 THERE WASN'T WHAT AN
02:12 - 51.269 APPROPRIATE REALLY SHOULD
02:12 - 51.840 BE AFFORDED.
02:12 - 53.789 >>IN I AGREE WITH THAT THE
02:12 - 55.120 REASON THAT THAT I'D
02:12 - 58.370 IN THE END YOU HEARING AND THEN
02:12 - 00.020 IN 1 ONE.
02:13 - 03.759 >>BACK HE REMINI WHICH I'M
02:13 - 06.060 SEEING WHAT THEY'RE SAYING THAT
02:13 - 09.189 IN JULY 18 LETTER HE DID AND
02:13 - 10.680 HE'LL BE TOUCHING FROM
02:13 - 12.609 IN FACT THE CASE WITH SECOND
02:13 - 13.879 HE'S A YOUNG LIFE
02:13 - 16.050 TEAM DECISION IS IT HOT IS IT
02:13 - 19.939 I IT'S BECAUSE I DON'T
02:13 - 21.189 UNDERSTAND IT WOULD BE I I
02:13 - 22.000 DON'T UNDERSTAND THEY WERE
02:13 - 23.139 DEALING WITH THAT THERE WERE
02:13 - 24.809 APPEALING THE BOARD'S REFUSAL
02:13 - 26.129 TO EXERCISE JURISDICTION.
02:13 - 27.429 I THOUGHT THEY WERE APPEALING
02:13 - 28.819 PEOPLE DEPARTMENT TERMINATION
02:13 - 29.820 FOR THE VILE THE CREDIT.
02:13 - 33.149 >>IN FACT. I WOULD AGREE
02:13 - 34.779 WHOLEHEARTEDLY BUT I BELIEVE MY
02:13 - 36.310 RECOLLECTION FROM THE FIRE.
02:13 - 38.829 HEARING WITH THE POINT THAT I'M
02:13 - 39.830 JUST LOVE IT.
02:13 - 41.589 WHAT THAT THE APPEAL IN THIS
02:13 - 43.199 LIGHT THE LETTER AND THE REST
02:13 - 44.689 OF THE PACK IN THE CASE HERE
02:13 - 46.099 SAID IT WAS APPEALING THAT TO
02:13 - 46.540 LIGHT
02:13 - 48.859 THE DETERMINATION. ALSO WE
02:13 - 50.289 BELIEVE THAT LIKE YOU TO MEET
02:13 - 51.909 WITH THE RELEVANT BY RESPONDING
02:13 - 53.789 TO THE ARGUMENT AT LEAST IN MY
02:13 - 53.960 WORK.
02:13 - 55.320 YOU.
02:13 - 59.280 >>BUT I THINK THEY'RE
02:13 - 00.280 DIFFERENT.
02:14 - 02.409 >>I UNDERSTAND WITHIN THE
02:14 - 04.350 FISCAL CODE ARM ATTACKS.
02:14 - 06.879 ON THE OBLIGATION OF THE
02:14 - 08.650 TAXPAYER WITH HER BACK TO 5
02:14 - 10.770 RETURN AND APPEALING RETURN.
02:14 - 13.329 QUESTION IS IS THIS A LIKELY
02:14 - 14.330 DIFFERENT ANIMAL.
02:14 - 18.339 >>NAMELY THE I SHOULD SAY THE
02:14 - 20.729 DISAPPROVAL CREDIT THAT WOULD
02:14 - 21.730 BE IF THAT
02:14 - 24.479 SEPARATE FROM THE PROCEDURE IN
02:14 - 25.949 THE 5TH CALLS OUT AND THE
02:14 - 28.149 QUESTION IS IF THERE IS NO IF
02:14 - 29.339 IT DOES THAT BACK TO
02:14 - 31.659 PROPERTY RIGHTS AND THERE IS NO
02:14 - 32.660 REMEDY.
02:14 - 34.869 AND I UNDERSTAND YOU TO SAY
02:14 - 36.119 THERE IS NO REMEDY AND THE
02:14 - 38.809 BOARD OF APPEALS. LIKE YOU
02:14 - 39.810 FILE.
02:14 - 41.919 THE AMENDED RETURN A WAY FOR
02:14 - 43.079 THE DEPARTMENT TO COME AFTER
02:14 - 46.049 YOU. BUT THERE RAM MONEY ON THE
02:14 - 47.900 SCREEN ISSUE HAS BEEN DONE
02:14 - 52.619 IF WE CONCLUDE
02:14 - 53.849 THERE IS THE PROPERTY
02:14 - 55.919 INTEREST AFFECTED AND THERE IS
02:14 - 57.929 DOWN FACTOR CURRY REMEDY ON
02:14 - 58.550 THAT THE
02:14 - 59.240 TRADE ISSUE.
02:14 - 00.550 >>WHY WOULDN'T THE
02:15 - 03.209 ADMINISTRATIVE AGENCY LAW BE
02:15 - 05.030 THE DEFAULT HER TEACHER.
02:15 - 06.949 >>SHE AND HERE AT THE
02:15 - 09.009 DEPARTMENT IT WOULD HAVE TO
02:15 - 11.969 EMPLOY E. ADJUDICATE BACK
02:15 - 13.769 WITH HIM BEFORE THE HEARING
02:15 - 15.099 OFFICER AND BEFORE THE
02:15 - 16.330 SECRETARY OF REVENUE.
02:15 - 20.889 >>YOU'RE IN. IF YOU RECOGNIZE
02:15 - 22.429 THAT IT WASN'T CLEAR THAT I
02:15 - 24.709 AGREE THAT THAT REMEDY IS TO
02:15 - 26.379 HEAL THE TERMINATION IN
02:15 - 28.209 THURSDAY TO THE COMMONWEALTH
02:15 - 29.210 COURT.
02:15 - 32.340 >>THE
02:15 - 34.289 QUESTION IS. PRESIDENT JUDGE OF
02:15 - 35.639 QUESTIONS RELATED TO THE ISSUE
02:15 - 36.979 OF WHETHER BACK THE TERMINATION
02:15 - 38.339 IN AND HELP WITH AN APPROACH
02:15 - 38.650 WITH A
02:15 - 40.050 PROPER EDUCATION.
02:15 - 41.839 >>BECAUSE IT DIDN'T WASN'T
02:15 - 43.739 ACCOMPANIED BY IT MAY HAVE BEEN
02:15 - 45.159 AN EDUCATION THAT YOU MAY BE
02:15 - 46.559 INVALID ONE BECAUSE THERE WAS
02:15 - 47.969 NOT A HEARING IN FINDING THE
02:15 - 49.560 BACK OF CONCLUSIONS OF LAW.
02:15 - 51.729 BACK KIND OF EFFECT AND SO
02:15 - 53.749 AND SO DO YOU AGREE WITH AN
02:15 - 55.119 ACUTE OCCASION IN THE FACT THAT
02:15 - 57.109 IT A PROPERTY RIGHT FOR DUTY
02:15 - 58.470 AND OBLIGATION PRIVILEGES.
02:15 - 59.919 HOWEVER, THE ADMINISTRATIVE
02:15 - 02.210 AGENT THROUGHOUT THE DICTATION.
02:16 - 04.529 >>YES I AGREE WITH AND I
02:16 - 05.799 BELIEVE HOW WOULD YOU ADDRESS
02:16 - 06.959 HOW WOULD YOU GOT THE PRESIDENT
02:16 - 08.669 JUDGE LEVEL QUESTION TOO ABOUT
02:16 - 09.869 WHETHER WITH THE BALLOT ACUTE
02:16 - 11.109 OCCASION. THE FACT THAT THE
02:16 - 12.889 ADMINISTRATIVE LAW REQUIRES ALL
02:16 - 14.259 ADJUDICATION TO BE ACCOMPANIED
02:16 - 15.260 BY HERE.
02:16 - 21.740 >>IF ANYTHING QUESTION.
02:16 - 23.090 >>THE
02:16 - 25.389 TO FEWER PROVIDE THAT IMMEDIATE
02:16 - 27.219 INDICATION IS ONLY VALID IF
02:16 - 28.559 THERE WAS NO TO AN OPPORTUNITY
02:16 - 30.899 TO BE HEARD A HEARING AND AND
02:16 - 31.989 USUALLY FIND THE FACT AND
02:16 - 32.510 CONCLUSIONS
02:16 - 35.169 OF LAW. OBVIOUSLY DIDN'T HAVE A
02:16 - 36.499 HEARING AND SO THE QUESTION IS
02:16 - 38.160 IS IT AN INVALID ADJUDICATION.
02:16 - 40.449 >>ONE THAT'S WHERE WE'RE
02:16 - 41.510 GETTING TO BE.
02:16 - 44.469 IMMEDIATELY I CARRIED BACK
02:16 - 45.260 BECAUSE WE HAVE TO
02:16 - 46.689 DEAL WITH IT COST THEM THE
02:16 - 48.459 BEFORE GOING BACK TO YOU KNOW
02:16 - 48.860 DEAL WITH
02:16 - 49.210 WHICH IT.
02:16 - 50.749 >>IT DEALS WITH THE WAY THAT
02:16 - 51.859 MISTER BOWERS WHO THEY WERE
02:16 - 52.780 WHERE WE'RE NOT DEALING WITH
02:16 - 53.780 BACK TO THE MORE WE DEAL WITH
02:16 - 54.280 THE MINISTRY OF
02:16 - 54.900 82 LAW.
02:16 - 56.589 >>AND THAT'S WHY IT'S IMPORTANT
02:16 - 58.629 BECAUSE IT'S WHERE
02:16 - 00.099 THE DEPARTMENT WHERE THE
02:17 - 01.419 LEGISLATURE PLACE THE 30 TO
02:17 - 02.889 MAKE THE DETERMINATION WHETHER
02:17 - 04.159 FROM THE COMMUNITY AND ECONOMIC
02:17 - 05.809 DEVELOPMENT WHICH IS WHAT IF HE
02:17 - 07.529 JUST HAPPENED HE TALKED ABOUT
02:17 - 08.929 HERE WITH A 50 FOOT IN THE
02:17 - 09.930 DEPARTMENT OF REVENUE.
02:17 - 11.809 SO THAT'S WHERE THE OUTLOOK
02:17 - 13.789 PROBLEM AND THE LEGISLATURE HAS
02:17 - 14.140 BAD.
02:17 - 16.310 >>IN ORDER AND THAT PASSED.
02:17 - 18.379 NO AGENCY CAN ISSUE
02:17 - 19.560 AN ADJUDICATION.
02:17 - 21.519 >>THAT DOES NOT CONFORM TO THE
02:17 - 22.919 TERMS OF THE ADMINISTRATIVE
02:17 - 25.360 AGENCY LAW. IF THERE IS A.
02:17 - 26.660 >>THE 5TH PICK 40.
02:17 - 31.100 BACK TO WORK FOR A FACT.
02:17 - 35.190 HER RESEARCH AND DEVELOPMENT.
02:17 - 37.159 THEN I BEEN ON
02:17 - 38.839 THE DEPARTMENT, THE FED UP OF
02:17 - 40.850 HEARING PROFIT JUMPED TO HEAR
02:17 - 43.969 03:30AM DEVELOPMENT TAX CREDIT
02:17 - 44.970 MILE.
02:17 - 47.519 THE TAXPAYER AN
02:17 - 50.479 OPPORTUNITY TO MAKE A RECORD
02:17 - 51.780 AND THAT IT WOULD COME TO.
02:17 - 57.510 ON APPEAL.
02:17 - 00.420 IF YOU ARE TELLING HER.
02:18 - 03.169 >>IN MY RESPONSE TO THAT
02:18 - 05.289 IS YOU THAT WAS AN ISSUE
02:18 - 09.330 THAT WAS KIND OF EVALUATE IT IN
02:18 - 10.750 IF YOU WANT TO BUY.
02:18 - 14.539 THE DEPARTMENT OF REVENUE, WHAT
02:18 - 15.270 COMPLYING WITH
02:18 - 17.429 WHAT THE A STATUE THAT WAS
02:18 - 19.219 NEVER AUTHORIZED TO DO IT AND
02:18 - 21.509 THE TAXPAYER MONEY UNIFICATION
02:18 - 23.009 IN NEED AND A LETTER ADVISING
02:18 - 24.449 THEM OF THE AMOUNT OF CREDIT IF
02:18 - 25.880 THEY WOULD YOU BELIEVE CREW FOR
02:18 - 27.429 BOTH OF THOSE DEATHS OCCURRED
02:18 - 28.430 HERE.
02:18 - 30.690 WHETHER THEY'RE IN
02:18 - 37.540 MIGHT BE PEOPLE TO THE
02:18 - 38.740 THE.
02:18 - 41.460 >>IT'S ABOUT IF YOU EXCUSE ME I
02:18 - 44.839 WHAT DID YOU THINK IT JUST IT
02:18 - 47.099 JUST WHY YOU DID NOT INCLUDE
02:18 - 48.970 THE NO ISSUE PUT INTO THE.
02:18 - 52.210 A JULY LETTER IN SEPTEMBER.
02:18 - 55.019 REGARDING TO THE COMMONWEALTH
02:18 - 56.020 COURT.
02:18 - 58.639 >>AND THE KEY IS WITH THAT
02:18 - 00.799 DECEMBER 15 LETTER THAT IS A
02:19 - 02.349 FORM LETTER THAT SO NOT
02:19 - 04.899 TO BE. IN THE HEAT BUT 1300
02:19 - 05.280 CATCH
02:19 - 08.119 A FLY AND HE USED THE SYSTEM IN
02:19 - 09.749 ORDER TO INSERT THE AMOUNT OF
02:19 - 12.569 THE CREDIT OR LATER BECAUSE
02:19 - 13.080 THIS ONE.
02:19 - 14.329 >>IT WAS ABOUT WHETHER THEY
02:19 - 15.939 QUALIFY THIS WAS THAT THEY WERE
02:19 - 16.940 LATE.
02:19 - 19.250 LIKE IT TO BE SUBMITTED
02:19 - 22.429 ONE IT IS A FORM LETTER WHERE
02:19 - 24.019 THEY INCLUDE THE ELEVATED
02:19 - 25.439 VARIABLE INFORMATION ALL THE
02:19 - 27.189 DIFFERENT TACT IS HIS LAST
02:19 - 29.589 KNOWN TO BE OKAY, THEN WHAT YOU
02:19 - 31.249 MEAN BY THE DECEMBER LETTER
02:19 - 32.670 SAYING THERE'S LOOK HEAL.
02:19 - 37.049 IT WAS A A NATION OF GOVERNMENT
02:19 - 39.239 UNIT. IF YOU NEED A
02:19 - 40.240 SEPTEMBER LETTER.
02:19 - 43.089 >>NO THAT'S NOT WHAT THE COURT
02:19 - 44.169 MIGHT HAVE IN THE CITY OF THE
02:19 - 46.089 SEPTEMBER LETTER IS WHAT THE
02:19 - 48.139 TIME A YEAR FILE AN ORDER TO
02:19 - 48.770 APPLY FOR
02:19 - 49.770 THE CREDIT.
02:19 - 53.509 >>LETTER I'M SORRY EXCUSE ME
02:19 - 54.660 DECEMBER LETTER SAID THAT.
02:19 - 58.089 IN R D TAX CREDIT IT CONTAINS
02:19 - 59.629 NO PROVISION FOR ADMINISTRATIVE
02:19 - 00.630 APPEALS.
02:20 - 02.439 >>IN THE END BACK WITH THE JULY
02:20 - 03.859 THE 2 LETTER SAID THAT'S NOT
02:20 - 04.959 WHAT THE DECEMBER LETTER SAID
02:20 - 06.620 NOT LIKELY THE RECORD
02:20 - 11.840 >>I KNOW WHAT MY POINT USE.
02:20 - 13.010 SO I.
02:20 - 16.920 LETTER HERE IN
02:20 - 21.400 CATION OR EVEN JULY JUST.
02:20 - 22.870 FIRST.
02:20 - 24.879 >>IT JUST SAT THERE THINKING
02:20 - 26.529 THAT ARE IN THE UNIQUE POSITION
02:20 - 28.189 BECAUSE OF THE FACT THAT IT IS
02:20 - 29.549 STATUS THE AMOUNT OF THE CREDIT
02:20 - 30.550 THAT WAS.
02:20 - 32.749 >>IF IT LOCKS AND WHY DIDN'T
02:20 - 35.079 YOU HAVE THE LANGUAGE IN IT AND
02:20 - 36.559 CONCERNING THE APPEAL TO THE
02:20 - 38.639 COMMONWEALTH COURT. WHAT YOU
02:20 - 40.450 HAVE IN THE JULY.
02:20 - 43.560 >>IF BECAUSE I DON'T BELIEVE
02:20 - 49.399 BECAUSE IN DEVELOPMENT TACKLE
02:20 - 51.110 THAT ESTABLISHED IT AND.
02:20 - 52.640 IT
02:20 - 54.469 WAS NO DUTY ON THE PART OF SOME
02:20 - 56.759 OF THE PARTY WANTED TO GET BACK
02:20 - 58.049 FOR MISTER HOURS WITH THE
02:20 - 59.059 MEMBERS HAVE BEEN SEVERAL
02:20 - 00.639 LETTER CAME FROM THE LETTER
02:21 - 01.880 CAME FROM THE DEPARTMENT RIGHT.
02:21 - 03.410 >>WELL
02:21 - 05.409 >>THE DECEMBER LETTER CAME FROM
02:21 - 07.049 THE DEPARTMENT THE VAN AFTER
02:21 - 08.769 JUNE OR JULY LETTER CAME FROM
02:21 - 09.989 THE COURT OF APPEAL. THOSE ARE
02:21 - 10.990 2 DIFFERENT BODY.
02:21 - 13.729 >>THE GOAL OF THE OPERATION
02:21 - 14.939 PACKING THE BOARD OF APPEALS A
02:21 - 16.589 WHOLE DIFFERENT. THANK YOU IN
02:21 - 17.590 THE FUN OF GRAVITY.
02:21 - 19.519 >>RIGHT TO THE BOARD OF APPEALS
02:21 - 21.340 THE TERMINATION WAS WHO WAS
02:21 - 24.019 APPEAL ABUL US EVEN
02:21 - 25.089 IF IT WOULD EVEN BE WITH THE
02:21 - 26.559 DENIAL OF JURISDICTION. SO
02:21 - 27.520 THAT'S WHY THE NOTICE WAS
02:21 - 29.149 THERE. BUT THE JUDGE MCAULIFFE
02:21 - 30.749 THING WHY IN
02:21 - 32.839 THAT DEPARTMENT WHEN IT DENIED
02:21 - 34.339 THE CREDIT INITIALLY AND IF
02:21 - 36.039 AMBER ALSO HAVE THE LANGUAGE
02:21 - 37.499 THAT THE BOARD OF APPEALS LATER
02:21 - 38.500 PUT IN IT.
02:21 - 42.979 AND I KNOW I GET YOUR
02:21 - 44.560 ANSWER IT. THE DEPARTMENT.
02:21 - 46.649 UNLIKE THE BOARD OF APPEALS
02:21 - 48.009 DIDN'T HAVE TO PUT IT IN THEIR
02:21 - 49.010 LETTER.
02:21 - 52.519 >>I BELIEVE THAT THAT MY
02:21 - 53.929 UNDERSTANDING IS THAT'S
02:21 - 55.209 CORRECT THAT THE DEPARTMENT HAD
02:21 - 57.320 NO OBLIGATION TO INCLUDING THE
02:21 - 58.630 DECEMBER LETTER.
02:21 - 00.509 METHOD FOR FEELING THAT
02:22 - 02.050 DECISION IN THE APP SO
02:22 - 05.209 TAX THEY WOULD HAVE TO LOOK TO
02:22 - 06.240 THE NEED FOR THE LAW.
02:22 - 08.090 >>WHAT THEY'VE ATTACKED THEY
02:22 - 09.030 WOULD HAVE TO TRY TO FIGURE IT
02:22 - 10.199 OUT ON THEIR OWN WITHOUT ANY
02:22 - 11.200 ADVICE FROM THE PARK.
02:22 - 19.510 ARRIVED AFTER HOUR.
02:22 - 23.050 >>ONLY AT THE 2 MOST IMPORTANT.
02:22 - 25.729 2 POINT HERE THE TAXPAYER'S
02:22 - 27.350 BILL OF RIGHTS DOESN'T ALLOW.
02:22 - 30.349 IF ANY INACTION BY THE
02:22 - 31.999 DEPARTMENT TO RANDY IN THE
02:22 - 34.629 HISTORY OR PERCEIVED TO
02:22 - 35.909 BE BACK IN FACT
02:22 - 37.469 ONLY GOT WHEN
02:22 - 39.069 THE RECORD IN BACHARACH.
02:22 - 41.059 SHE BEFORE THE COURT TO REVIEW
02:22 - 42.969 UNIT DOESN'T IF YOU MUCH OF
02:22 - 44.399 WHAT WE'RE EXPECTING TODAY WITH
02:22 - 45.810 A LOT OF A RADICAL SESSION
02:22 - 49.630 BACK BUT AFTER THAT THE TEAM.
02:22 - 52.169 WELL IF THERE'S NO QUESTION YOU
02:22 - 54.150 KNOW HOPEFULLY HE DENIED IN THE
02:23 - 07.710 >>THANK YOU YOUR
02:23 - 09.670 I WANT TO PICK UP QUICKLY
02:23 - 12.359 MISTER BOWERS LEFT OFF AND WAS
02:23 - 13.609 DISCUSSION ABOUT WHETHER THE
02:23 - 15.299 ADMINISTRATIVE ABC LAW PFIZER
02:23 - 15.420 IS
02:23 - 18.019 NOW 5. WE HEARD IN ADDITION NOW
02:23 - 19.399 THAT THE REMEDY THAT IT DOES
02:23 - 21.429 APPLY FOR CREDIT IS TO FILE A
02:23 - 23.769 PETITION FOR YOU IN 30 DAYS OF
02:23 - 24.770 DECEMBER 15.
02:23 - 28.009 IN A YEAR AGO APPROXIMATELY
02:23 - 29.180 WHERE BEFORE JUDGE LANDED.
02:23 - 31.349 RESPONDING TO A MOTION FOR THAT
02:23 - 31.620 BENCH.
02:23 - 33.299 YOU HEARING. THE DEPARTMENT OF
02:23 - 34.659 REVENUE ARGUE IN THE STREET YOU
02:23 - 36.019 CAN SEE WHAT DOES NOT APPLY TO
02:23 - 37.020 THIS CASE.
02:23 - 39.680 THERE'S BEEN THESE 2
02:23 - 40.980 CONFLICTING POSITIONS.
02:23 - 43.700 IS ASKING
02:23 - 45.789 THE TAXPAYER. TO HAVE THAT
02:23 - 47.429 LEVEL OF KNOWLEDGE THAT ITSELF
02:23 - 48.729 WAS NOT ABLE TO MAINTAIN THIS
02:23 - 51.099 CASE AND WHETHER
02:23 - 52.479 THE BILL THAT AFTER THE BELL
02:23 - 54.299 RIGHT RIGHT EXACTLY WE TO
02:23 - 57.569 ATTACK OR NOT. THE TAXPAYER
02:23 - 58.969 NEEDS SAID. HE'S BETTER
02:23 - 00.989 DEPARTMENT GRAPHIC THAT WHAT
02:24 - 01.990 THEY WANT.
02:24 - 05.949 I COMPLETELY UNDERSTAND THE
02:24 - 07.339 INCOME BACK TO YOUR POINT ABOUT
02:24 - 08.589 THE DEPARTMENT BEEN CONSISTENT
02:24 - 10.220 POSITION AND I'M I'M.
02:24 - 13.649 >>I REALLY YOU KNOW. AND I'M
02:24 - 14.430 TRYING TO FIGURE OUT
02:24 - 17.189 WHICH HOLE IF NO PROTON
02:24 - 19.239 ARGUMENT NEED TO GO INTO IT A
02:24 - 21.719 BIT OF A BREAKDOWN OF OF THE
02:24 - 22.869 BREAKDOWN OF THE ADMINISTRATIVE
02:24 - 23.870 PROCESS.
02:24 - 26.950 OTHER NON
02:24 - 29.259 NEGLIGENT CIRCUMSTANCE AND WHAT
02:24 - 30.529 I'M TRYING TO FIGURE OUT HOW DO
02:24 - 32.059 I GET AROUND THE IDEA OR THE
02:24 - 33.559 NOTION THAT THERE WAS JUST AN
02:24 - 35.769 ERROR OF LONGER THAT SOMEONE
02:24 - 37.439 MADE A BAD CALL. THEY DIDN'T GO
02:24 - 39.330 TO THE RIGHT. A TRIBUNAL.
02:24 - 43.559 >>AS A AS A BRIDGE AND A
02:24 - 45.059 PROCESS WHERE WE HAVE THE
02:24 - 46.859 EVIDENCE OF THE JULY TO FLATTER
02:24 - 48.649 WHERE HARASSMENT JUST FIGHT
02:24 - 50.249 THIS GUY AND THEN COMPLAIN
02:24 - 51.449 ABOUT THE DEPARTMENT OF REVENUE
02:24 - 52.420 THAT THE SEPARATE THAT THE
02:24 - 53.880 SEPARATE DUE TO THE TORY BODY.
02:24 - 56.309 >>WELL, BUT IT. WITHIN THE
02:24 - 57.310 DEPARTMENT WELL.
02:24 - 00.979 >>BODY WITHIN THE DEPARTMENT OF
02:25 - 03.680 REVENUE. AND IT'S SHOWN THAT
02:25 - 05.779 AND THERE NEEDS TO BE A
02:25 - 07.269 DIFFERENT INDUSTRY A PLAYER AS
02:25 - 10.560 US. COMPTON. I SUGGESTED.
02:25 - 13.589 BUT WHAT EXISTING PROCESSES
02:25 - 15.089 THAT HAVE PLAYED OUT SIMPLY NOT
02:25 - 17.459 SUFFICIENT AND I ASKED THE
02:25 - 19.689 COURT SHUSTER'S SECTION OF THE
02:25 - 21.510 SECT THANK YOU VERY MUCH.
02:25 - 24.510 >>THANK
02:25 - 27.209 YOU GENTLEMAN. INTERESTING CASE
02:25 - 27.610 WELL
02:26 - 30.059 ARE YOU. AND THEN TO CONCLUDE
02:26 - 31.950 OR ARGUMENT FOR NUMBER 28.
02:26 - 35.750 ALL RIGHT OUR FINAL CASE.
02:26 - 39.629 PREVENT COMBINE SESSION IS
02:26 - 43.850 NUMBER 29. YES, SHE AND JAY AM.
02:26 - 46.979 RETURN FULL PURPOSE, THE
02:26 - 49.430 DEPARTMENT OF HUMAN SERVICES
02:26 - 51.570 AND SECRETARY KERRY FROM L A.
02:26 - 52.450 >>IN THE
02:26 - 56.459 KITCHEN OR KFC AND AM ARE 2
02:26 - 58.700 FAMILIES FROM CENTRAL AMERICA
02:26 - 00.739 TO TAKE A FILE ON IN THE
02:27 - 02.969 UNITED STATES. THEY PRESENTLY
02:27 - 05.169 REEVE DIED OR HAVE RESIDED IN
02:27 - 07.619 THE PATH AT THE BURKE COUNTY
02:27 - 09.929 RESIDENTIAL CENTER. WHICH HAS A
02:27 - 11.349 CONTRACT WITH THE FEDERAL
02:27 - 13.130 GOVERNMENT TO HOUSE IMMIGRANT.
02:27 - 14.020 TAKING
02:27 - 17.129 A PHYLUM COMMISSIONER FOR THE
02:27 - 18.829 DEPARTMENT OF HUMAN SERVICES
02:27 - 20.719 HAS IMPROPERLY ALLOWED THE
02:27 - 22.140 BURKE COUNTY CENTER
02:27 - 25.269 OPERATE AS A CHILD RESIDENTIAL
02:27 - 28.360 FACILITY. WHEN IN ACTUALITY.
02:27 - 31.419 IT WAS ACTUALLY A FAMILY
02:27 - 34.049 DETENTION CENTER. A DEPARTMENT
02:27 - 35.920 OF HUMAN SERVICES NOTIFIED.
02:27 - 38.840 THE CENTER BETTER 2016
02:27 - 42.709 2017 WHAT INCORRECTLY REMOVED
02:27 - 44.449 BECAUSE IT IS NO LONGER A
02:27 - 46.790 CHILD, RESIDENTIAL FACILITY.
02:27 - 51.029 HAVE APPEALED THE DEPARTMENT'S
02:27 - 53.049 DECISION AND THAT THE APPEAL IS
02:27 - 55.359 PENDING IN THE MEANTIME THE
02:27 - 56.519 FENNER CONTINUE
02:27 - 00.770 TO OPERATE AND OR IF 2016 2017
02:28 - 03.889 COMMISSIONER CONTEND THAT THE
02:28 - 05.819 DEPARTMENT LACK THE AUTHORITY
02:28 - 07.239 TO ALLOW THE BURKE COUNTY
02:28 - 08.959 CENTER TO OPERATE UNDER AN
02:28 - 11.399 ACTIVE FIRE LIFETIME. WHILE IT
02:28 - 14.309 APPEALS PENDING A PETITION OR
02:28 - 15.949 SEEK A DECLARATION THAT THE
02:28 - 17.800 DEPARTMENT HAS ACTED ILLEGALLY
02:28 - 20.149 AND THEY SHE AND JOHNSON TO
02:28 - 22.149 REQUIRE THE DEPARTMENT TO REACH
02:28 - 24.539 AN AGREEMENT TO ALLOW THE
02:28 - 26.539 BANNER CONTINUED OPERATION
02:28 - 27.570 DURING A REPEAL.
02:28 - 31.549 AND THE COUNTY HAVE FILED
02:28 - 33.010 PRELIMINARY OBJECTION.
02:28 - 36.169 THEY ARGUE THAT THE PETITIONER
02:28 - 37.339 HAVE FAILED TO STATE
02:28 - 39.309 A CLAIM. BUT TYPICALLY THEY
02:28 - 40.879 COME UP AND THE OFFENDER HAS A
02:28 - 42.209 PROPERTY INTEREST IN A
02:28 - 44.629 LIFETIME. AND IT IS ENTITLED TO
02:28 - 46.719 A HEARING BEFORE THAT LIFE AND
02:28 - 47.720 CAN TERMINATE.
02:28 - 49.659 THE DEPARTMENT FURTHER
02:28 - 51.259 COMPOUND, THE HAS INHERENT
02:28 - 53.260 AUTHORITY TO STAY OF THE ORDER
02:28 - 55.600 WHILE THEY ARE APPEAL.
02:28 - 00.619 AND WITH THAT WE WILL. AFTER
02:29 - 02.399 MISTER KERRY CAN MAKE HIS
02:29 - 03.989 ARGUMENT ON BEHALF OF THE
02:29 - 05.459 DEPARTMENT PRELIMINARY
02:29 - 06.460 OBJECTION.
02:29 - 08.709 >>THANK YOU VERY MUCH STRONGER
02:29 - 11.019 AND AND TO THE COURT. MY NAME
02:29 - 13.699 IS EDWARD CHERRY. I REPRESENT
02:29 - 15.350 DEPARTMENT OF HUMAN SERVICES.
02:29 - 18.539 >>THIS MATTER IS BEFORE THIS
02:29 - 20.559 COURT ON A MARRIAGE ACTION THAT
02:29 - 21.560 YOU MENTION.
02:29 - 24.339 I DO WANT TO HONE IN ON THE
02:29 - 26.339 ISSUE. BECAUSE I WANT TO
02:29 - 27.609 RESTATE IT. A
02:29 - 30.139 VERY SUCCINCTLY WHAT ACTUALLY
02:29 - 32.849 IS IN DISPUTE HERE IS WHETHER A
02:29 - 33.850 WEEK.
02:29 - 38.630 SEPARATE LITIGATION.
02:29 - 40.739 THAT'S SORT US TO
02:29 - 43.449 ACT UPON BERKS COUNTY
02:29 - 44.909 SUBSEQUENT LICENSE
02:29 - 47.419 APPLICATIONS. IT'S
02:29 - 49.089 6 TO DISSOLVE THOSE
02:29 - 52.059 STIPULATIONS SO THE ISSUE
02:29 - 53.479 OF WHETHER OR NOT LICENSE
02:29 - 56.309 CONTINUES REALLY REALLY REALLY
02:29 - 58.999 NOT BEFORE THE SCHOOL IN THIS A
02:29 - 00.450 CHIP ITSELF.
02:30 - 03.470 NOW IN OUR BRIEF, I KNOW ALL.
02:30 - 06.599 ALL IN OR BRIEFED. WE GAVE
02:30 - 09.449 2 REASONS WHY WE BELIEVE THAT
02:30 - 10.680 WE HAVE HERE FOR.
02:30 - 13.589 STIPULATE TO THOSE
02:30 - 16.089 MANDAMUS ACTIONS. SEEKING US TO
02:30 - 17.389 ACT ON THOSE SUBSEQUENT
02:30 - 19.759 APPLICATIONS. MORE WATCH THE
02:30 - 22.150 CONSTITUTIONAL ISSUE OF COURSE.
02:30 - 23.949 IF THEY HAVE THE RIGHT
02:30 - 26.050 TO CONTINUE OPERATING.
02:30 - 28.059 BUT THAT REALLY REALLY WENT TO
02:30 - 30.989 THE SAND. THE REASONABLENESS OF
02:30 - 33.270 WHY WE STAVED OF SUCH ACTIONS
02:30 - 35.559 BECAUSE WHY LITIGATE OVER AND
02:30 - 36.690 OVER AND OVER AGAIN.
02:30 - 38.879 THE SEMINAL ISSUE WHETHER THEY
02:30 - 40.130 SHOULD BE LICENSED.
02:30 - 42.009 WELL, YOU KNOW WHY WERE
02:30 - 42.950 HAMMERED BEFORE THE
02:30 - 44.310 ADMINISTRATIVE AGENT SAFE.
02:30 - 47.989 REALLY YOU CAN YOU CAN
02:30 - 50.379 DECIDE THIS CASE ON AN ON A
02:30 - 53.109 CONSTITUTIONAL ISSUE. AND
02:30 - 53.860 THAT'S WHERE WE'RE GOING TO
02:30 - 56.189 BREAK IT DOWN SO I'M GOING TO
02:30 - 57.190 ADDRESS.
02:30 - 00.479 IF ALREADY TO STAY MANDAMUS
02:31 - 01.539 ACTIONS IN THE SEPARATE
02:31 - 03.209 LITIGATION. AMONG
02:31 - 05.019 THE LAST. MISTER CALDWELL
02:31 - 06.539 ADDRESSED THE DUE PROCESS
02:31 - 07.540 ISSUE.
02:31 - 09.479 WE WON'T GET TO THAT HE WAS
02:31 - 11.779 DRESSED BACK IT OFF ON FURTHER
02:31 - 14.059 REFLECTION. DESPITE THE WAY WE
02:31 - 16.229 ORGANIZE OUR CREEKS. I WILL
02:31 - 17.230 LEAD YOU TO BELIEVE
02:31 - 19.129 THAT YOU CAN DECIDE ON CALL
02:31 - 20.989 CONSTITUTIONAL ISSUES SO AS A
02:31 - 21.420 PLUMBER
02:31 - 23.699 AND POINT. IT WAS A PRINCIPAL
02:31 - 25.360 CONSTITUTIONAL VOID ITS
02:31 - 27.759 POINT BOTH THE PENNSYLVANIA
02:31 - 28.929 SUPREME COURT AND
02:31 - 31.109 THIS COURT HAS RECOGNIZED THAT
02:31 - 34.119 IF YOU CAN DECIDE CASE IN OR
02:31 - 36.039 CONSTITUTIONAL ISSUE. YOU
02:31 - 37.480 SHOULD TRY TO DO THAT.
02:31 - 40.419 SO THAT'S WHY IT HAD AN AFTER
02:31 - 42.000 ACTION FIRST, OKAY.
02:31 - 42.790 NOW.
02:31 - 44.269 >>MISTER CHERRY HAD BEEN
02:31 - 45.929 WRAPPED IN MASKING UP A
02:31 - 47.369 BACKGROUND QUESTION THAT WAS A
02:31 - 48.330 LITTLE CONFUSED ABOUT THE
02:31 - 49.330 FACTUAL
02:31 - 52.359 THE CURRENT FOR PURPOSES OF
02:31 - 53.710 THE LITIGATION.
02:31 - 57.019 THE B P R D IS THAT CURRENTLY
02:31 - 58.789 BEING USED AS A CHILD
02:31 - 00.470 RESIDENTIAL TREATMENT FACILITY.
02:32 - 03.640 >>OUR POSITION IN THE
02:32 - 05.949 OTHER MEDICATION IS THAT IT'S
02:32 - 07.749 NOT BEING USED AS A CHILD
02:32 - 10.010 RESIDENTIAL FACILITY. OKAY.
02:32 - 11.989 THAT'S THE REASON WHY WE WORK
02:32 - 14.420 FOR IN 2015 LICENSE.
02:32 - 17.399 BY THE LAST CONTINUES TO HOUSE
02:32 - 19.319 FAMILIES AND PURSUANT TO
02:32 - 21.859 THOSE STIPULATIONS WE CONTINUE
02:32 - 23.469 TO INSPECT THE FACILITY AS IF
02:32 - 24.210 HE DOES HAVE
02:32 - 24.950 A LICENSE.
02:32 - 27.539 >>IF IT EVEN IF IT DIDN'T HAVE
02:32 - 29.229 A WIFE WHO IS I UNDERSTAND IT
02:32 - 32.059 FACTUALLY IT'S BEING OPERATED
02:32 - 34.169 UNDER CONTRACT. IT HAS AN EYE
02:32 - 35.890 TO TENSION FOR BACK CORRECT.
02:32 - 37.659 >>THAT IS CORRECT AND THAT IS
02:32 - 39.780 VERY IMPORTANT TO TO POINT OUT
02:32 - 41.259 BECAUSE I THINK THIS GOES TO
02:32 - 42.569 WHETHER WE'VE EXCEEDED OR
02:32 - 43.770 FLIGHT HOURS.
02:32 - 46.729 >>AND ALL I DID IT I COULD GET
02:32 - 47.160 MY POINT
02:32 - 50.119 IS 50 CAN I CONTRACT WITH ANY
02:32 - 51.809 FACILITY WHETHER IT HAS LIGHTS
02:32 - 53.029 AND SCORE DOESN'T HAVE AN
02:32 - 54.590 IPHONE ISN'T THAT UP TO EYE.
02:32 - 57.420 YES, YOU ARE THAT IS UP TO ICE.
02:32 - 59.489 >>I THINK AND THAT THIS IS NOT
02:32 - 00.859 AN ISSUE IN THIS CASE WAS NEVER
02:33 - 02.699 STAND FROM THE LEADER. WELL
02:33 - 05.019 WE'LL HAVE IT THERE'S AN EFFECT
02:33 - 06.390 TO HAVING A LICENSE AND MORE
02:33 - 08.839 A LICENSE PURSUANT TO THAT
02:33 - 11.009 CONTRACT WITH ICE. IT HAS
02:33 - 12.740 NOTHING TO DO WITH WHAT WE GET.
02:33 - 15.039 SO IN OTHER WORDS WHEN WE SAID
02:33 - 16.369 WE DON'T HAVE A LICENSE TO
02:33 - 17.370 GIVE.
02:33 - 18.999 THAT COULD MEAN THAT THEY CAN
02:33 - 20.269 STILL HOUSE THE IMMIGRANT
02:33 - 22.019 FAMILIES AND WE'RE CERTAINLY
02:33 - 23.180 NOT GOING TO LOOK TO MOVE
02:33 - 25.749 IMMIGRANT FAMILIES BECAUSE OF
02:33 - 27.859 THAT THE SAFE. WE'RE JUST GOING
02:33 - 30.099 TO THE WAY BECAUSE WE SAID WE
02:33 - 31.580 HAVE NO LICENSE TO GIVE.
02:33 - 35.630 >>I THOUGHT YOU WERE STILL
02:33 - 37.640 REVIEWING LICENSE APPLICATION.
02:33 - 43.749 >>YOUR HONOR, THE 25TH THEY MAY
02:33 - 46.899 BE A REVOCATION OF THE 2015 16
02:33 - 49.410 LICENSE IS STILL UNDER REVIEW.
02:33 - 51.129 BEFORE THE YOUR HEARINGS AND
02:33 - 51.790 APPEALS YOU
02:33 - 54.339 ARE CORRECT. IF WE SAID IN YOUR
02:33 - 55.770 LETTER TO THE FACILITY.
02:33 - 57.759 IF YOU APPEAL THE DECISION
02:33 - 59.049 WOULD NOT BE FINAL AS TO
02:33 - 00.749 WHETHER OR NOT WE HAVE A
02:34 - 01.830 LICENSE TO GET YOU.
02:34 - 03.979 >>A LICENSE IS YEAR
02:34 - 05.989 TO YEAR. AND I WAS CORRECT OR
02:34 - 07.929 UPDATE ANY EXPIRED DID NOT
02:34 - 10.310 RENEW. THE ACT THAT IS CORRECT
02:34 - 13.549 SO THERE'S THE STIPULATION THIS
02:34 - 14.710 IS A CHILD PRESENT
02:34 - 16.899 TENSION SENATE PRESIDENTIAL
02:34 - 18.330 FACILITY THAT SCHOOL STAFF.
02:34 - 22.779 AFTER THEY GO TO FAMILY
02:34 - 24.439 COURT CORRECT IS THAT WHAT THIS
02:34 - 26.789 IS NO NO NO NO YOUR HONOR THIS
02:34 - 27.790 IS A.
02:34 - 29.389 >>THIS IS A FACILITY THAT
02:34 - 32.209 IS HOUSING. FAMILIES AWAITING
02:34 - 33.919 THEIR IMMIGRATION I KNOW THAT'S
02:34 - 35.449 WHAT THEY'RE DOING NOW WHAT WAS
02:34 - 36.450 THE LICENSE FOR.
02:34 - 38.909 THE LICENSE WAS FOR A TRIP TO
02:34 - 40.580 CHINA RESIDENTIAL FACILITY
02:34 - 43.890 RESIDENTIAL SO THE CORRECT.
02:34 - 48.499 YES, YOUR HONOR. WITH THE
02:34 - 50.769 LICENSES FOR NOW. SINCE
02:34 - 51.770 WEDNESDAY NIGHT.
02:34 - 54.920 >>IT JUST SEEMED TO A
02:34 - 57.099 STIPULATION YOU'RE RUNNING THIS
02:34 - 58.100 IS IT.
02:35 - 01.640 ASYLUM
02:35 - 03.299 FOR IMMIGRATION IS THAT WHAT
02:35 - 06.639 THIS IS IT CITED FOR HARTLEY PO
02:35 - 07.800 AND SECURITY, BRAD.
02:35 - 09.889 >>WE'RE NOT RUNNING A YEAR
02:35 - 12.069 OR LONGER. ONCE WE FOUND OUT
02:35 - 13.709 THAT THEY WERE NO LONGER USING
02:35 - 15.839 IT. AS A CHILD RESIDENTIAL
02:35 - 17.580 FACILITY. THEY WERE DONE THIS.
02:35 - 18.720 OKAY WITH.
02:35 - 20.079 >>THEY WERE USING IT TO THAT
02:35 - 21.899 BECAUSE THE LICENSE WAS A NEW
02:35 - 24.350 TRACK. CORRECTION A DAY.
02:35 - 27.920 >>AS I UNDERSTAND IT.
02:35 - 30.519 THE DEPARTMENT IN REAL LIFE
02:35 - 31.960 WHEN IT ISSUED THE LIGHT THEM
02:35 - 33.530 TO THE FAN FOR
02:35 - 37.639 AS THAT I'LL IT WAS
02:35 - 39.660 AN ACT COLI HOUSING ADULT
02:35 - 42.169 AND CHILDREN AND SO THAN THE
02:35 - 44.419 DEPARTMENT NOTIFIED THE CENTER
02:35 - 45.779 WE'RE NOT GOING TO RENEW YOUR
02:35 - 47.789 LIFE FROM NEXT YEAR BECAUSE IT
02:35 - 49.069 APPEARED YOU'RE NOT REALLY
02:35 - 51.669 DOING AN ACTIVITY THAT WE
02:35 - 52.670 REGULATE.
02:35 - 56.559 >>HEARING YEAH YOU'RE TO TELL
02:35 - 57.560 YOU WHAT GRUBER.
02:35 - 00.199 BY THE HEARING OFFICER,
02:36 - 03.019 BUT THERE OCCURRED OF IT IS
02:36 - 05.939 THEIR FAMILY VACATION. ONGOING
02:36 - 06.950 SPENT 20
02:36 - 10.109 IN HER NEW ROLE OF 2016 2017
02:36 - 11.290 LIKE THEM, CORRECT.
02:36 - 19.410 ANCILLARY 5 OCCASIONS AS WELL,
02:36 - 21.960 OKAY.
02:36 - 25.749 >>TIME MAY I PLEASE CONTINUE
02:36 - 26.870 FOR A COUPLE OF MINUTES.
02:36 - 28.890 IT CERTAINLY OKAY.
02:36 - 31.169 SO SO THE CRUX OF THE MATTER IS
02:36 - 32.289 WE HAVE NO LICENSE
02:36 - 34.909 TO GET. THE ARGUMENT IS BECAUSE
02:36 - 37.120 IT SOMEHOW BY THE STIPULATIONS
02:36 - 39.229 I THINK THE ISSUE HERE IS
02:36 - 41.569 WHETHER WE HAVE 40 TO ENTER
02:36 - 43.149 INTO THOSE STATES. OUR
02:36 - 46.429 ARGUMENT IS WE HAVE IMPLIED FOR
02:36 - 47.979 YOU SO EVEN IF WE DON'T HAVE
02:36 - 50.110 EXPRESSED AS A GENERAL MATTER
02:36 - 53.109 AGENCIES HALF INCLINED POWERS
02:36 - 55.119 TO CARRY OUT CERTAIN THINGS IT
02:36 - 56.699 MIGHT NOT BE EXPRESSLY STATED
02:36 - 58.489 STATUTE. I WANT TO CITE OUR
02:36 - 00.189 LADY OF VICTORY CATHOLIC CHURCH
02:37 - 00.670 WHO SAYS
02:37 - 03.880 DHS ONE 53 A 3 D.
02:37 - 06.569 1124. IT'S IT'S A COMBO
02:37 - 08.909 COURT CASE IN THAT PARTICULAR
02:37 - 11.369 CASE VERY QUICKLY. WE DON'T
02:37 - 12.939 HAVE IT THE COURT RULED THAT
02:37 - 15.439 HE HAD RIGHT TO ISSUE A CEASE
02:37 - 16.939 AND DESIST ORDER ON HER LICENSE
02:37 - 17.020 IN
02:37 - 19.019 YOUR 40. EVEN THOUGH IT WAS AN
02:37 - 21.669 EXPRESSION PROVIDED FOR IN
02:37 - 23.819 THE LAW. SO IT'S BEEN RECOGNIZE
02:37 - 24.979 THAT WE HAVE IN PLACE FOR HIS
02:37 - 27.150 ENTIRE LIFE. MORE TO THE POINT
02:37 - 29.359 IN MAPLEWOOD WHICH IS CITED IN
02:37 - 31.429 ORDER FOR 8. WE'RE A COURT WE
02:37 - 32.799 HAVE THE POWER LIKE ANY OTHER
02:37 - 33.130 POWER.
02:37 - 35.479 PARTY WAS A CIVIL LITIGATOR
02:37 - 38.779 EXCUSE ME. SO PROCEDURE TO
02:37 - 40.710 MANAGE OUR LITIGATION THE WAY
02:37 - 44.029 THAT NOW WE SEE DEAN. JUST AS A
02:37 - 45.290 3RD AND FINAL.
02:37 - 47.109 WE'RE NOT ADVOCATING
02:37 - 48.659 RESPONSIBLY I WANT TO ASK HIM
02:37 - 50.729 FOR AN UNLIMITED. WELL WE'RE
02:37 - 52.259 GOING FOR UNLIMITED IMPLY
02:37 - 54.339 HOURS. THE ONLY THING WE DID
02:37 - 56.759 HERE IS WE DECIDED THAT WE HAVE
02:37 - 57.750 NO LICENSE TO
02:37 - 01.950 GET OUT. BEING REVIEW.
02:38 - 04.279 >>REGARDING A LICENSE. THIS IS
02:38 - 06.979 VERY CONFUSING HERE. I MEAN IN
02:38 - 07.210 SUCH
02:38 - 10.279 A FACILITY. NEW TONIGHT LICENSE
02:38 - 11.769 BECAUSE IT WAS BEING OPERATED
02:38 - 13.149 AS A CHILD FACILITY AS I
02:38 - 15.759 UNDERSTAND IT. THEN YOU ENTER
02:38 - 18.609 INTO STIPULATIONS TO USE IT IS
02:38 - 21.279 SOMETHING ELSE. YOU KNOW
02:38 - 23.539 YOU'RE STILL. YES, YOU USE
02:38 - 25.320 ENTER INTO THE STIPULATIONS.
02:38 - 28.109 TO USE IT HOMELAND
02:38 - 30.489 SECURITY ASYLUM, IMMIGRANTS
02:38 - 31.940 ASYLUM. THEN
02:38 - 33.729 YOU'RE SAYING THERE'S NO
02:38 - 35.529 LICENSE TO GIVE SO WHAT'S UNDER
02:38 - 37.139 REVIEW BY TO TALK ABOUT THE
02:38 - 38.709 SHOW'S RESIDENT, IT'S LIKE WHAT
02:38 - 39.959 DO YOU MEAN THERE'S A LICENSED
02:38 - 41.899 AGAIN IT'S NOT UNDER ITS UNDER
02:38 - 42.900 YOU.
02:38 - 44.989 >>WELL SAY THAT THE SOIL JUST
02:38 - 46.649 THE GREATEST PRESSURE WATER
02:38 - 49.239 BAY. THANK THEY DO A DEFINITION
02:38 - 50.880 OF CHILD RESIDENTIAL FACILITY.
02:38 - 53.909 SO BAY THE FACILITY. NOT THE
02:38 - 55.199 MARKET THAT ISSUE IS A COLD
02:38 - 57.849 CASE. IT THEY THE FACILITY
02:38 - 00.249 APPEALED OUR DETERMINATION IF
02:39 - 01.719 THEY WANT A CHILD RESIDENTIAL
02:39 - 03.349 FACILITY. AND SO WHAT WE
02:39 - 05.110 STIPULATED TO IS
02:39 - 07.329 OKAY WE'RE GOING TO DECIDE
02:39 - 08.979 WHETHER WHO'S RIGHT BEFORE BE
02:39 - 10.869 A CHECK. IT IS A CHILD
02:39 - 12.299 RESIDENTIAL FACILITY WORD IS
02:39 - 13.900 THAT OUR POSITION IS THEY ARE
02:39 - 16.269 IN THE MEANTIME WE WILL
02:39 - 17.479 STILL EXPECT ON THE
02:39 - 21.179 CHILDREN'S ISSUES IN THOSE TO
02:39 - 22.569 I'M SORRY BUT HOW CAN YOU DO
02:39 - 23.330 THAT IF THEY DON'T HAVE A
02:39 - 24.330 LICENSE.
02:39 - 28.090 >>YES, I'M LIKE JUST BECAUSE
02:39 - 29.570 BECAUSE THEIR ORDER.
02:39 - 32.459 >>NOT RENEWING A LIFE AND HAS
02:39 - 33.460 BEEN PAID.
02:39 - 37.590 >>THEY HAVE THEY HAVE AN
02:39 - 42.090 >>AND INDEED IF ASIAN
02:39 - 45.050 DENYING THE LIFE AND TO SAY SO
02:39 - 46.140 IN A VERY
02:39 - 48.259 TECHNICAL FAMILY. I HAVE A
02:39 - 49.260 LIFETIME.
02:39 - 52.669 >>UNDER THE LAW CAN YOU OPERATE
02:39 - 54.800 WITHOUT A LEAST FACILITIES.
02:39 - 57.289 IT WOULD REQUIRE TO HAVE A
02:39 - 59.149 LICENSE TO OPERATE THEY DO NOT
02:39 - 00.479 HAVE THEY DIDN'T GET RENEWED
02:40 - 02.130 MEISEL'S THEY WERE GIVEN
02:40 - 03.220 LICENSE.
02:40 - 05.460 SO THEY RIGHT NOW
02:40 - 09.069 APPEALS EVERY TO THANK THEM FOR
02:40 - 10.410 TO PROTECT HER IPHONE.
02:40 - 12.350 >>RIGHT.
02:40 - 14.089 >>AND BOTH THE PATIENTS ARE
02:40 - 17.219 PENDING BEFORE THE BUREAU OF
02:40 - 18.220 HEARING AN APPEAL.
02:40 - 23.629 >>AND MAYBE THE DEPARTMENT WILL
02:40 - 24.630 LOSE.
02:40 - 29.819 >>JOE COUNCIL IF YOU CAN TELL
02:40 - 31.010 ME DO THEY HAVE THE LICE.
02:40 - 33.099 DO THEY HAVE A LICENSE RIGHT
02:40 - 34.100 NOW.
02:40 - 39.049 >>POSITION IS THAT WE ARE
02:40 - 40.389 TREATING IT AS IF THEY HAVE A
02:40 - 41.390 LICENSE.
02:40 - 46.080 THAT'S THE DIRECT QUESTION.
02:40 - 47.540 THE ANSWER TO THE
02:40 - 50.449 DIRECT QUESTION. IT'S IT'S WE
02:40 - 51.819 ARE TREATING IT AS IF IT HAD
02:40 - 54.299 LICENSE IN OUR POSITION IS WE
02:40 - 55.770 HAVE NO LICENSE TO GET DOWN.
02:40 - 58.470 THEY DISAGREE.
02:41 - 06.989 >>MISTER CHERRY ARE YOU
02:41 - 08.480 FINISHED WITH THE POINT SHE
02:41 - 11.959 YEAH, MY 3RD POINT IS WE WERE
02:41 - 13.789 ADVOCATING ANY RESPONSIBILITY
02:41 - 15.060 TO PROTECT THE CHILDREN.
02:41 - 16.569 IT'S A MATTER OF FACT AT WAR
02:41 - 17.100 RIGHT WE
02:41 - 19.729 WALK AWAY. SITUATION WE COULD
02:41 - 21.689 ISSUE IN EMERGENCY REMOVAL
02:41 - 23.749 ORDER OR ANYTHING AND WE ARE
02:41 - 24.340 RIGHT SO.
02:41 - 25.879 >>THAT WAS JUST MY FINAL POINT
02:41 - 27.350 I WISH TO THANK YOU.
02:41 - 29.750 >>OKAY, THANK YOU. ALL RIGHT.
02:41 - 31.380 MR. CONNELL.
02:41 - 34.119 >>GOOD IT PLEASE
02:41 - 36.189 THE COURT MATTHEW J PANEL ON
02:41 - 37.759 THE APP OF INTERVENE OR THE
02:41 - 38.010 COUNTY
02:41 - 40.969 OF BERKS WHICH OPERATES THE
02:41 - 42.089 FIRST COUNTY RESIDENTIAL
02:41 - 43.899 CENTER. AND WHILE I WAS READY
02:41 - 44.900 TO START OFF.
02:41 - 47.299 OR IN LINE WITH BY BRIEFING I
02:41 - 49.579 FEEL THAT IT IS VITAL. IT
02:41 - 51.589 ADVOCATED FOR MY CLIENT, IT
02:41 - 52.520 SERVED BY SOME OF THE
02:41 - 53.930 MISCONCEPTIONS THAT ARE.
02:41 - 56.649 CURRENT FIRST AND FOREMOST THE
02:41 - 57.959 BERKS COUNTY RESIDENTIAL CENTER
02:41 - 59.020 IS A PROGRAM
02:41 - 00.829 THAT IS RUN BY THE FEDERAL
02:42 - 02.279 GOVERNMENT OR OPERATED BY THE
02:42 - 03.869 COUNTY OF BERKS FOR THE FEDERAL
02:42 - 04.690 GOVERNMENT, THE FEDERAL
02:42 - 05.690 GOVERNMENT PROGRAM.
02:42 - 08.629 IT ALLOWS IMMIGRATION FAMILIES
02:42 - 09.889 WHO COME ACROSS THE BORDER AS
02:42 - 11.819 FAMILY UNITS TO REMAIN
02:42 - 13.989 TOGETHER. WHY ARE THEY OUT FROM
02:42 - 16.659 OTHER. HOW COME THE
02:42 - 17.790 IMMIGRATION PROCEEDINGS.
02:42 - 20.039 IT THROUGH IT IS NOT A
02:42 - 21.859 DETENTION CENTER ICE DETENTION
02:42 - 23.459 CENTERS LOCALLY OR IN ERIE
02:42 - 25.279 COUNTY PRISON IN YORK COUNTY
02:42 - 27.309 PRISON. IT IS NOT A DETENTION
02:42 - 28.999 CENTER. IT IS NOT A LOCKED
02:42 - 31.079 FACILITY. PEOPLE CAN WALK OUT
02:42 - 32.240 THE DOORS ANY TIME.
02:42 - 36.639 IT THE REASON WHY THE COUNTY
02:42 - 38.829 OF BERKS RECEIVES A LICENSE
02:42 - 41.299 UNDER THE 3800'S IS TO ALLOW
02:42 - 43.190 THEM TO RUN CERTAIN PROGRAMMING
02:42 - 45.269 AT THE FACILITY SUCH AS CHILD
02:42 - 48.089 CARE. SUCH AS TAKING CHILDREN
02:42 - 49.859 ON FIELD TRIPS THINGS OF
02:42 - 51.959 THAT NATURE. THE PROGRAM
02:42 - 53.309 ITSELF DOES NOT MANDATE A
02:42 - 54.839 LICENSE, BUT IT DOES ALLOW THE
02:42 - 56.409 COUNTY TO DO CERTAIN
02:42 - 58.289 PROGRAMMING AND THAT IS PART OF
02:42 - 59.430 THE COMPUTER IS SERVED.
02:43 - 01.639 A GOVERNMENTAL SERVICES
02:43 - 02.979 AGREEMENT THE CONTRACT WITH THE
02:43 - 03.980 FEDERAL GOVERNMENT.
02:43 - 07.609 THE SAGA AND THAT'S WHAT I'M
02:43 - 08.889 THAT'S WHAT I'M STRUGGLING WITH
02:43 - 10.129 THE FAN AND REALLY IS GOING TO
02:43 - 12.049 BE A QUESTION THAT LED TO IT
02:43 - 13.119 I'M TRYING TO UNDERSTAND HOW
02:43 - 14.479 THE PETITIONER KEPT STANDING
02:43 - 15.480 HERE.
02:43 - 17.829 >>IF IF IF WHAT WHAT IS THE
02:43 - 20.300 HARM. PEOPLE TO SHUN ARE.
02:43 - 24.000 BY THE DEPARTMENT. ALLOWING
02:43 - 25.200 IT WORKED.
02:43 - 27.679 NOT ADJUDICATE IN YOUR LIFE IF
02:43 - 28.889 YOU'RE NOT REVOKING YOUR LIFE
02:43 - 30.259 IF YOU WOULD STILL BE THE
02:43 - 31.809 PAINTING. IT CAME TO THE WRONG
02:43 - 34.500 WORD. HOUSING, THE FAMILY.
02:43 - 38.999 THE DEPARTMENT DIVISION ON THE
02:43 - 40.149 LIFE AND CAREER OF NOT CORRECT.
02:43 - 41.120 IT WOULD JUST AFFECT WHAT KIND
02:43 - 42.350 OF PROGRAM YOU CAN OFFER.
02:43 - 44.019 >>THAT IS THAT IS CORRECT.
02:43 - 45.169 ALTHOUGH THERE IS A FEDERAL
02:43 - 48.230 COURT DECISION. IN CALIFORNIA.
02:43 - 50.430 WHERE.
02:43 - 52.649 >>SO MUCH IS YOUR CITY IS ONE
02:43 - 54.129 OF 3 FACILITIES EACH OF THESE
02:43 - 55.130 FACILITIES ARE GONE
02:43 - 57.279 BY THEN BY THE FEDERAL JUDGE IN
02:43 - 59.259 CALIFORNIA. THAT CHILDREN HAVE
02:43 - 00.669 TO DO WITH THE RELEASE WITHIN I
02:44 - 02.099 BELIEVE IT'S 20 DAYS IF IT IS
02:44 - 03.760 AN UNLICENSED FACILITY.
02:44 - 06.719 BECAUSE BROOKS COUNTY IS A
02:44 - 08.270 LICENSE THE SAUDI THEY'RE NOT
02:44 - 09.959 CLEVELAND GOVERNED BY THAT PART
02:44 - 10.960 OF THE WORLD.
02:44 - 12.069 SO THERE IS A CRITICAL
02:44 - 14.039 PRACTICAL REASON WHY THE WHY
02:44 - 16.739 THE COUNTY HAS A WANTS TO HAVE
02:44 - 18.639 A LICENSE. ONE POINT I WOULD
02:44 - 20.899 LIKE TO CLARIFY I UNDERSTAND
02:44 - 22.089 WHY YOU WANT TO HAVE THE LIFE
02:44 - 22.830 AND I'M JUST TRYING TO
02:44 - 23.360 UNDERSTAND WHY
02:44 - 24.360 PETITIONER CARE.
02:44 - 26.479 >>I MEAN IT IS IT THAT THE
02:44 - 27.849 PETITIONERS THINK THAT IF THEY
02:44 - 29.240 SOMEHOW YET
02:44 - 31.159 WHAT THEY WANT IN THAT CASE THE
02:44 - 32.649 FACILITY IS GOING TO CLOSE DOWN
02:44 - 33.659 IN THE FAMILIES ARE GOING TO
02:44 - 34.660 BE.
02:44 - 36.690 A FREE TO GO ELSEWHERE. I MEAN
02:44 - 40.579 WHAT THE HARM. DO YOU
02:44 - 41.679 KNOW OF THAT
02:44 - 43.479 PETITION ARE PASSED BY THE
02:44 - 45.830 LICENSING DIVISION BEING.
02:44 - 48.999 I GET PAID IN LIMBO AND ALLOW
02:44 - 50.079 YOU TO CONTINUE TO DO WHAT
02:44 - 52.099 YOU'RE DOING WHAT WHO WIRED
02:44 - 53.209 FISHER HERE I GUESS WHAT I'M
02:44 - 53.770 TRYING TO FIGURE OUT.
02:44 - 55.719 >>OUR POSITION COURT FOREIGNERS
02:44 - 57.199 THAT THERE IS NO HARM IN FACT
02:44 - 58.579 IF ANYTHING THE CHILDREN
02:44 - 01.280 BETTER. CONDITIONS BEING
02:45 - 04.719 MONITORED BY BY DHS DHS HAS
02:45 - 05.630 BEEN ON SITE
02:45 - 07.399 EXCEPT FOR RECENTLY HAVE BEEN
02:45 - 09.219 ON SITE EVERY MONTH SINCE THIS
02:45 - 10.880 WHOLE LICENSING BARAJAS START.
02:45 - 14.019 SO THEY ARE THEY'RE SERVING THE
02:45 - 15.449 CONDITIONS EVERY MONTH AND BY
02:45 - 16.919 THE WAY IT WAS LIKE THE CITY
02:45 - 18.229 BUT HIS OWN CHECK OUT A LONG
02:45 - 20.870 TIME IS NOT PLACES TO BE A LOT.
02:45 - 23.299 BUT THE CITY. THE REASON THE
02:45 - 24.300 LICENSE
02:45 - 26.989 THE REASON THE LICENSE
02:45 - 29.859 WAS CHALLENGE. WE WOULD WHY WE
02:45 - 30.990 WANTED TO BE A CHASE.
02:45 - 33.109 IT WAS ISSUED FOR 15 YEARS
02:45 - 35.629 UNDER THE 3800'S BY DHS THERE
02:45 - 36.659 WERE THERE WHEN YEARLY
02:45 - 38.439 INSPECTIONS. THERE WAS NEVER A
02:45 - 39.749 QUESTION RAISED ABOUT THE WAY
02:45 - 40.940 THEY WERE OPERATING FACILITY
02:45 - 42.889 AND IT WAS RUN THE EXACT SAME
02:45 - 44.809 WAY AS A FAMILY RESIDENTIAL
02:45 - 47.269 FACILITY FOR 15 YEARS. ALL OF A
02:45 - 49.990 SUDDEN IN 2015 FOR KNOW
02:45 - 51.579 THE REASON GIVEN WHAT WEATHER
02:45 - 52.899 OTHER THAN YOUR CHANGE THE WAY
02:45 - 54.539 AROUND IT PULLED THE RUG OUT
02:45 - 56.039 FROM UNDERNEATH THE COUNTY AND
02:45 - 57.240 TRIED TO REVOKE THE LICENSE.
02:45 - 58.829 THAT'S WHY WE WERE SUCCESSFUL
02:45 - 00.259 THE BHA WE WERE ABLE TO
02:46 - 02.139 SUCCESSFULLY ESTABLISHED THAT
02:46 - 03.610 DIRECTION WAS.
02:46 - 07.589 NOT REGULAR 3 MAJOR. BUT IT WAS
02:46 - 09.339 POLITICAL IN NATURE, AND THEN
02:46 - 10.659 THERE WAS NO VIOLATIONS OF
02:46 - 12.369 REGULATIONS. THAT'S WHY WE'RE
02:46 - 13.370 ABLE TO.
02:46 - 16.509 WAYNE IN THE BHA NOW WAS
02:46 - 18.519 OVERTURNED FOR THE SETBACK FOR
02:46 - 19.880 HIM AND BY THE SECRETARY.
02:46 - 21.439 BUT WE WERE ABLE TO ESTABLISH
02:46 - 23.199 THAT THAT DECISION BY DHS WAS
02:46 - 25.089 ARBITRARY CREASES AND THERE'S
02:46 - 26.499 AN EXTENSIVE RECORD ON THAT
02:46 - 28.269 ISSUE. THE REPORT OF WHAT
02:46 - 30.350 ADVANCES US FORWARD TO.
02:46 - 33.390 TO TODAY AND THE STIPULATIONS
02:46 - 35.119 IT'S JUST AND THIS IS THE MOST
02:46 - 36.609 PRACTICAL POINT OF THIS CASE OF
02:46 - 37.440 THE LAKE ACCORDING TO THE
02:46 - 38.440 COURT.
02:46 - 41.109 EVERY YEAR SINCE THE LICENSE
02:46 - 43.420 WAS QUOTE UNQUOTE REVOKED.
02:46 - 45.829 THE COUNTY HAS REAPPLY THAT
02:46 - 47.420 LICENSE IN A TIMELY MANNER
02:46 - 50.019 EVERY SINGLE YEAR. AND EVERY
02:46 - 52.240 SINGLE YEAR DHS HAS SAT ON THAT
02:46 - 54.909 WITHOUT GIVING A DECISION ONE
02:46 - 55.790 WAY OR THE OTHER WHICH IS
02:46 - 58.629 REQUIRED BY CODE AS A RESULT OF
02:46 - 00.819 THEIR FAILURE TO ISSUE
02:47 - 03.139 A DECISION. EVERY YEAR WE HAVE
02:47 - 04.789 FILED A PETITION AND A MISS IN
02:47 - 06.949 THIS COURT TO FORCE THEM TO
02:47 - 07.790 MAKE A DECISION
02:47 - 09.769 IF THEY DON'T MAKE A DECISION
02:47 - 11.209 WE DON'T GET A CHANCE TO APPEAL
02:47 - 12.210 IF IT'S A DENIAL.
02:47 - 16.419 AND THEN EVERY YEAR GOING
02:47 - 17.579 FORWARD AS THE COURT PROBABLY
02:47 - 18.589 GO FOR THE RECORD THERE ARE
02:47 - 19.799 SEVERAL MANDAMUS ACTION IS
02:47 - 22.239 PENDING. IF WE DON'T
02:47 - 24.309 FILE THAT APPLICATION OF THE
02:47 - 25.669 YEAR ARE FILED A MANDAMUS
02:47 - 27.399 ACTION EVERY YEAR DHS
02:47 - 29.149 CAN TURN AND SAY HEY YOUR
02:47 - 31.729 LICENSE HAS LAPSED. THERE'S
02:47 - 33.060 NOTHING TO LITIGATE ANYMORE
02:47 - 34.890 WITHDRAW THE ORIGINAL APPEAL.
02:47 - 36.159 IF YOU DON'T HAVE A WAY SAYS
02:47 - 37.619 THINGS ARE GONE. THAT'S WHY THE
02:47 - 40.109 COUNTY HAS REPEATEDLY FILED THE
02:47 - 41.719 APPLICATIONS AND MANDAMUS
02:47 - 43.489 ACTIONS IN PURPOSE OF THE
02:47 - 46.319 STIPULATIONS IT IS TOO AVOID
02:47 - 47.839 THE BURDEN ON THIS COURT TO
02:47 - 48.999 LITIGATE EVERY ONE OF THOSE
02:47 - 50.829 MANDAMUS ACTIONS. WHAT WE DON'T
02:47 - 52.169 KNOW THE UNDERLYING DECISION IS
02:47 - 52.430 GOING
02:47 - 54.319 TO BE THE UNDERLYING DECISION
02:47 - 55.869 FROM THE BHA STILL PENDING
02:47 - 56.879 BECAUSE OF THE FISHING FOR
02:47 - 57.880 RECONSIDERATION.
02:47 - 00.089 IF WE GET A DECISION THAT
02:48 - 01.879 FAVORS THE COUNTY OF BERKS THE
02:48 - 05.459 MANDAMUS ACTIONS. WHO FILED THE
02:48 - 07.379 PETITION FOR RECONSIDERATION
02:48 - 08.030 THE DEPARTMENT.
02:48 - 09.400 >>THE DEPARTMENT DID.
02:48 - 14.469 >>BECAUSE PAUL JUDGE GRANTED
02:48 - 17.290 HOUR APPEAL OF THE REVOCATION.
02:48 - 19.750 TO REINSTATE THE LESSONS.
02:48 - 23.089 IT ALSO AVOIDS
02:48 - 24.409 US HAVING TO FILE MULTIPLE
02:48 - 27.419 PILLS IN THE BHA EVERY TIME IF
02:48 - 28.980 THEY DID THEY DENY A LICENSE
02:48 - 31.629 BECAUSE WE MAKE ALL THE SENSE
02:48 - 33.219 OF OPPORTUNISM COUNTY BOTH IN
02:48 - 34.359 THE HA AND BEFORE
02:48 - 36.209 THIS COURT TO ALLOW THE
02:48 - 37.469 STIPULATIONS TO REMAIN IN
02:48 - 39.510 PLACE. WHILE WE.
02:48 - 42.679 WE AWAIT A DECISION FROM JUDGE
02:48 - 44.289 DEADLY BEFORE YOUR HEARINGS AND
02:48 - 45.290 APPEALS.
02:48 - 47.309 >>BUT THAT DENIAL OF
02:48 - 48.929 THE LIFE AND FABRICATIONS
02:48 - 50.489 YOU'RE TALKING ABOUT HER DENIAL
02:48 - 52.020 OF RENEWAL APPLICATION.
02:48 - 55.669 >>RENEWAL APPLICATIONS AGAIN I
02:48 - 58.639 ORDER FOR THE COURT AND I BE ON
02:48 - 00.810 MY TIME AND THE 3RD.
02:49 - 02.940 FOR
02:49 - 06.350 15 YEARS. DHS ISSUED A LICENSE
02:49 - 07.959 KNOWING FULL WELL THAT THE
02:49 - 09.869 PROGRAM WAS RAHM THE SAME WAY
02:49 - 11.539 THERE WAS NEVER A CHANGE IN IN
02:49 - 12.540 THE PROGRAM.
02:49 - 15.199 DHS WAS BORN SITE EVERY YEAR
02:49 - 19.329 INSPECTING AND. I JUDGE DUDLEY
02:49 - 21.569 FOUND THOSE FACTS IN AFTER
02:49 - 22.570 THE HEARING
02:49 - 25.639 THE PROGRAM WAS BEING RUN THAT
02:49 - 26.919 WAY AND ISSUE A LICENSE AND
02:49 - 28.149 THEN ALL OF A SUDDEN CHANGE
02:49 - 29.150 WITHOUT REASON WRECKS.
02:49 - 37.150 I UNDERSTAND
02:49 - 40.019 THERE'S E DUE PROCESS ISSUE AND
02:49 - 41.369 I WOULD JUST I DON'T WANT TO
02:49 - 42.439 TAKE ITS COURSE TIME IF YOU
02:49 - 43.689 DON'T WANT TO HERE TOO MUCH ON
02:49 - 45.639 THE DUE PROCESS ISSUE BUT IT'S
02:49 - 47.379 IMPORTANT TO MY CLIENT AND TO
02:49 - 48.380 TO TO VOICE
02:49 - 50.859 THAT IF THERE IS A QUESTION ON
02:49 - 51.939 THE TABLE CURRENTLY WHICH I
02:49 - 52.870 DON'T THINK THE COURT NEEDS TO
02:49 - 55.039 GET TO IT IF IT GETS IT THE
02:49 - 57.419 COURT LOOKS AT DHS IS ORIGINAL
02:49 - 58.659 ARGUMENT WHICH IS THEY HAVE THE
02:49 - 00.579 RIGHT AND THE AUTHORITY TO
02:50 - 03.289 ENTER INTO THE STIPULATIONS AND
02:50 - 05.429 WE GAVE THEIR CASES WITHOUT
02:50 - 08.009 COURT OVERSIGHT. YOU DON'T HAVE
02:50 - 09.049 TO GET TO THE CONSTITUTIONAL
02:50 - 11.699 ISSUE. THERE'S A LOT OF CASES
02:50 - 13.419 CITED IN THE BRIEFING ON THE
02:50 - 14.519 CONSTITUTIONAL QUESTION IS
02:50 - 16.990 WHETHER THIS LICENSE. GRAZING
02:50 - 19.899 THE COUNTY PROPERTY INTEREST IN
02:50 - 20.540 THE LICENSE
02:50 - 22.179 AND I WOULD THE FIRST AND
02:50 - 23.479 FOREMOST ARGUMENT I WOULD POINT
02:50 - 25.839 OUT IS. THE BOARD OF REGENTS
02:50 - 26.979 THE SUPREME COURT HAS THE
02:50 - 28.089 UNITED STATES SUPREME COURT
02:50 - 30.019 CASE WHICH IDENTIFIES WHEN
02:50 - 31.110 THERE'S A PROPERTY RIGHT.
02:50 - 34.329 YOU HAVE TO LOOK AT STATE LAW
02:50 - 35.360 OR LOCAL CUSTOM.
02:50 - 39.459 HERE IT CANNOT BE CLEAR THAT
02:50 - 39.990 THE COMMONWEALTH
02:50 - 42.209 OF PENNSYLVANIA RECOGNIZES THIS
02:50 - 43.849 LICENSE AND EVERY LICENSE UNDER
02:50 - 46.020 THE 3800 AS A PROPERTY RIGHT
02:50 - 47.380 BECAUSE.
02:50 - 52.219 THEY REQUIRE THE PROCESS TO GO
02:50 - 54.079 THROUGH TO GET A LICENSE AND
02:50 - 54.870 PERHAPS EVEN MORE
02:50 - 57.059 IMPORTANTLY BE IT'S THE
02:50 - 59.059 PENNSYLVANIA CODE SPECIFICALLY
02:50 - 00.619 STATES THAT YOU HAVE AN
02:51 - 02.359 OPPORTUNITY TO APPEAL THE
02:51 - 04.209 DECISION IS IF YOUR LICENSE IS
02:51 - 06.979 REVOKED OR NOT RENEWED WE'RE
02:51 - 07.980 NOT GRANTED.
02:51 - 10.219 TO ME THAT'S THE STRONGEST
02:51 - 11.170 EVIDENCE THAT THE COLLEGE
02:51 - 12.979 PENNSYLVANIA, LOCAL LAW STATE
02:51 - 13.980 LAW.
02:51 - 17.240 CONFIRMS THAT THE INTEREST IN A
02:51 - 19.099 3000 LICENSE IS IN FACT A
02:51 - 20.949 PROPERTY INTEREST THEREFORE
02:51 - 23.930 PROTECTED BY DUE PROCESS.
02:51 - 29.020 PROTECTED BY DUE PROCESS.
02:51 - 35.050 >>WE'LL HEAR NOW FROM
02:51 - 36.330 MEDICALLY.
02:51 - 40.199 >>GOOD AFTERNOON. JENNIFER LEE
02:51 - 42.699 FOR THE PETITIONERS. MAY IT
02:51 - 44.170 PLEASE THE COURT SO
02:51 - 46.189 DHS HERE AS A
02:51 - 48.199 COMMONWEALTH AGENCY HAS THE
02:51 - 49.900 OBLIGATION TO ALL OF THE LAW
02:51 - 52.289 AND THIS CHARACTERIZATION
02:51 - 54.159 THAT REALLY WHAT'S GOING ON IS
02:51 - 55.599 IS THAT THIS IS JUST A MATTER
02:51 - 56.959 OF THE STIPULATION AND SOME
02:51 - 58.689 SEPARATE LITIGATION. IT'S
02:51 - 00.129 REALLY NOT SURE IF YOU LOOK AT
02:52 - 01.769 THE LANGUAGE OF THE STIPULATION
02:52 - 02.850 WHICH I HAVE HERE.
02:52 - 04.419 IT TALKS ABOUT HOW THE
02:52 - 06.459 STIPULATION HASN'T FORGET THE
02:52 - 08.959 FACT AND ESSENTIALLY ACTING AS
02:52 - 10.389 A LICE RIGHT SO THE
02:52 - 11.700 STIPULATION ITSELF
02:52 - 14.339 SAYS THAT BERKS EASIER SEE IS
02:52 - 15.459 COMMITTED TO CONTINUE
02:52 - 16.530 OPERATIONS
02:52 - 19.679 UNDER ITS ALREADY EXPIRED 2016
02:52 - 21.560 TO 20 SUMMIT 17 LICENSE.
02:52 - 23.829 BUT WE KNOW UNDER PENNSYLVANIA
02:52 - 27.259 LAW IT'S QUITE CLEAR THE DHS IT
02:52 - 27.830 DOES NOT
02:52 - 30.809 THE AUTHORITY TO EXTEND LICENSE
02:52 - 32.330 TERMS BEYOND ONE YEAR
02:52 - 33.810 OR CANADA.
02:52 - 35.539 >>IF YOU ARE TO GREENWOOD DO
02:52 - 40.169 NOT THAT ANY APPLICANTS IS
02:52 - 42.219 NOT RENEWED HAS THE RIGHT TO A
02:52 - 43.220 HEARING.
02:52 - 45.089 >>ABSOLUTELY MAY
02:52 - 47.049 HAVE OR I SHOULD HAVE STAYED
02:52 - 49.280 NON-RENEWAL DECISION DAY
02:52 - 51.460 PENDING THE HEARING OUTCOME.
02:52 - 54.189 I DO NOT AGREE THAT THEY HAVE A
02:52 - 55.190 RIGHT TO HAVE.
02:52 - 57.329 IT DECISIONS STATE THERE'S
02:52 - 59.340 NOTHING IN PENNSYLVANIA LAW.
02:52 - 02.010 >>IT PROVIDES FOR A STAY
02:53 - 03.489 ATTENDING A SHOW OF THE
02:53 - 04.490 LICENSING DECISION.
02:53 - 11.009 IN PARTICULAR IN THIS SCENARIO
02:53 - 12.350 RIGHT WE'RE TALKING ABOUT A
02:53 - 15.769 2016 2017 LICE GREAT. WE ARE
02:53 - 17.730 NOW ON THE YEAR 2020 IT.
02:53 - 20.729 WHEN IS THERE NOW ENTERING
02:53 - 22.359 ESSENTIALLY A 5TH YEAR OF A
02:53 - 23.719 LICENSING CREATE WE'RE THAT
02:53 - 25.449 WE'RE STILL ALLOWED TO OFFER
02:53 - 27.060 ITS. UNDER
02:53 - 29.339 A STIPULATION THAT DHS DID NOT
02:53 - 30.610 HAVE BEFORE TO ENTER
02:53 - 31.350 2.
02:53 - 32.839 >>AND IF WE HAVE THE EURO JUST
02:53 - 34.669 IF YOU'RE UNDERSTAND THAT DAY
02:53 - 36.999 WASN'T ENOUGH ACTIVE BAD THE
02:53 - 38.280 BUILDING COULDN'T OPERATE.
02:53 - 40.350 >>IT IS STILL 8.
02:53 - 42.729 MY UNDERSTANDING IS THAT IF
02:53 - 44.289 THIS IF THE STAY WAS NOT IN
02:53 - 45.550 EFFECT THEY WOULD NOT HAVE.
02:53 - 48.630 IN DE FACTO LICENSE CURRENTLY
02:53 - 50.919 AND THE IMPLICATION OF THAT IS
02:53 - 52.899 UNDER FEDERAL LAW A FEDERAL
02:53 - 55.109 LAW REQUIRES IMMIGRANT
02:53 - 56.749 DETENTION FACILITIES THAT HOLD
02:53 - 58.589 MIGRANT CHILDREN. HAPPY
02:53 - 00.329 STATE PLACE. SO THERE IS A
02:54 - 02.079 CONSENT DECREE THAT'S CALLED
02:54 - 06.009 FLORES WE CITED IN OUR SHOW AND
02:54 - 07.280 NOT CONSENT DECREE.
02:54 - 10.199 THE CHILDREN THAT ARE HELD IN
02:54 - 11.409 DETENTION FACILITIES ARE
02:54 - 13.319 REQUIRED TO BE LICENSED BY THE
02:54 - 14.320 STATE.
02:54 - 18.059 AND SO IN OTHER WORDS IS BACK
02:54 - 19.660 CONSENT DECREE IS.
02:54 - 21.949 UNDER THE SUPERVISION OF THE
02:54 - 22.950 FEDERAL JUDGE.
02:54 - 25.629 >>IN THE CENTRAL DISTRICT OF
02:54 - 27.169 CALIFORNIA IS THE CONSENT
02:54 - 28.609 DECREE THAT HAS BEEN IN EFFECT
02:54 - 29.610 FOR DECADES.
02:54 - 32.119 >>WHY WOULDN'T YOU IF WE WIDEN
02:54 - 32.310 WHICH
02:54 - 34.199 IS WHY IN FACT YOUR ARGUMENT
02:54 - 35.699 THAT THE FACILITY IS OPERATING
02:54 - 37.729 IN VIOLATION OF FEDERAL LAW WHY
02:54 - 38.610 WOULD HE GO TO THE FEDERAL
02:54 - 39.979 COURT AND ASKED THE FEDERAL
02:54 - 41.220 COURT TO CLOSE THE FACILITY.
02:54 - 45.319 >>HIGHS THE FAST. IF THAT DOES
02:54 - 46.320 THAT THE
02:54 - 48.179 IT'S ALREADY HAS THE LICENSE
02:54 - 49.959 RIGHT BECAUSE THE STIPULATION
02:54 - 51.189 AGAIN IF YOU LOOK AT THE
02:54 - 53.919 STIPULATION LANGUAGE OPERATES
02:54 - 55.129 AS IF THEY HAVE A
02:54 - 59.049 LICENSE RATED BUT BOTH THE
02:54 - 00.489 FEDERAL COURT COULD GRANT THE
02:55 - 01.809 FEDERAL COURT BASICALLY TAKE
02:55 - 02.730 YOUR ARGUMENT LOOK YOUR
02:55 - 04.059 ARGUMENT AND A FIGHT WHETHER OR
02:55 - 04.370 NOT.
02:55 - 05.759 >>THAT THE FACILITY OF
02:55 - 06.829 OPERATING UNDER THE FLORES
02:55 - 08.419 AGREEMENT BEFORE AS A CONSENT
02:55 - 08.670 ORDER.
02:55 - 09.700 >>I THINK THAT THE FEDERAL
02:55 - 10.839 COURT COULD TAKE A LOOK AT IT,
02:55 - 12.039 BUT I ALSO THINK THAT A FEDERAL
02:55 - 13.079 COURT MIGHT I MEAN THIS MIGHT
02:55 - 14.040 BE ONE OF THOSE MUTUAL
02:55 - 15.369 FINGER-POINTING SITUATIONS
02:55 - 17.419 REGULAR FEDERAL COURT COULD SAY
02:55 - 18.290 WELL LOOK THIS IS A
02:55 - 20.159 DETERMINATION KNOTS BASED ON
02:55 - 21.519 STATE LAW AND LOOKING AT THE
02:55 - 23.869 STIPULATION AND THE AGENCY IN
02:55 - 25.199 THE STATE OF PENNSYLVANIA, IT
02:55 - 27.299 HAS AUTHORIZED. THIS FACILITY
02:55 - 30.139 TO OPERATE UNDER ITS 2016 2017
02:55 - 31.140 LICENSE AND SO
02:55 - 33.259 THEY CAN'T DISTURBED US ON THE
02:55 - 34.509 TERMINATION OF THE LICENSE
02:55 - 35.650 EXISTS. SO.
02:55 - 37.449 >>OKAY FOR YOUR CLIENT YOU'RE
02:55 - 39.560 QUIET AND SO I UNDERSTAND IT IS
02:55 - 42.559 IF YOU WIN HERE IN THE BUILDING
02:55 - 43.949 CLOSED IT WHICH MEANS YOUR
02:55 - 45.660 CLIENT IN WHAT.
02:55 - 48.519 >>THAT MY CLIENTS ARE NO LONGER
02:55 - 50.729 AT RISK OF BEING RETAINED IN
02:55 - 51.730 THIS FACILITY.
02:55 - 56.240 IF THEY COULD FACILITIES THAT.
02:56 - 02.429 DECIDE WHAT MISTER CONNELL SAID
02:56 - 04.249 EARLIER THAT THE DHS HAS DONE
02:56 - 06.109 THIS EVERY TIME IF THEY HAD TO
02:56 - 08.159 GO INTO COURT FILE. TITIAN'S
02:56 - 09.489 FOR MANDAMUS EVERY TIME THEY
02:56 - 10.530 NEED TO GET MORE.
02:56 - 12.629 IN TALKING ABOUT SHUTTING
02:56 - 14.329 DOWN CHILDREN RESIDENTIAL
02:56 - 15.749 FACILITY THAT'S A HARD THING TO
02:56 - 17.580 SHOP AND WE STARTED HERE.
02:56 - 18.790 IT'S GOING TO BE GETTING
02:56 - 21.249 LICENSES EVERY CHILD. EVEN
02:56 - 22.490 THOUGH THERE ARE 4 TRACK TO
02:56 - 25.960 PROCESS. IT SHOULD HE WIN THAT.
02:56 - 31.239 CLIENTS LEAVE IF THEY
02:56 - 32.939 COULD GO TO KNOW THEY COULD BE
02:56 - 34.479 REQUIRED TO GO TO ANOTHER TO
02:56 - 35.480 SAY.
02:56 - 38.159 YES, YOU ARE CORRECT THAT THEY
02:56 - 39.279 COULD BE REQUIRED TO GET TO
02:56 - 40.579 ANOTHER FACILITY, BUT YOU'RE ON
02:56 - 42.109 A NEW WAYS I THINK ARE REALLY
02:56 - 43.110 IMPORTANT QUESTION.
02:56 - 45.500 >>YOUR WITCHES THE IDEA THAT.
02:56 - 49.940 THAT THIS FACILITY. IT IS.
02:56 - 52.859 DATING WITH AND ALREADY
02:56 - 56.359 EXPIRED LICENSE AND THE CREW IS
02:56 - 58.049 IS THAT IT'S NOT
02:56 - 00.499 ONLY THAT IT HAS THE POTENTIAL
02:57 - 02.089 FOR ADDITIONAL MIGRANT FAMILIES
02:57 - 04.019 TO THAT LAND IN THE FACILITY
02:57 - 05.449 AS WELL. BUT I THINK THE
02:57 - 06.420 IMPORTANT POINT THAT YOU'RE
02:57 - 07.579 POINTING OUT ABOUT THE
02:57 - 09.109 DIFFICULTY IN HAVING TO CLOSE
02:57 - 10.110 DOWN AND RESTART.
02:57 - 12.359 MISSIONS I WANT TO MAKE THAT
02:57 - 14.699 CLEAR WHEN HERE IN BERKS IS NOT
02:57 - 16.859 WITHOUT IN THIS SITUATION RATE
02:57 - 19.359 BERKS COUNTY TO FILE WITH THIS
02:57 - 21.479 COURT FOR A STAY TO TRY
02:57 - 23.739 AND SEE A STAY SO THAT IT CAN
02:57 - 25.079 CONTINUE TO OPERATE BUT WHAT
02:57 - 27.059 HAPPENED IN SELMA. WE DON'T WE
02:57 - 28.460 CAN'T WE CAN'T GRANT.
02:57 - 30.100 >>OKAY WITHOUT.
02:57 - 32.509 >>THE PARTY FIRST ASKING THE
02:57 - 34.519 AGENCY WHETHER THE AGENCY WILL
02:57 - 36.459 GRANT THE STAY. RIGHT AND
02:57 - 37.589 THAT'S EXACTLY WHAT HAPPENED
02:57 - 37.960 HERE.
02:57 - 39.459 >>GREAT FOR THE AGENCY DIDN'T
02:57 - 40.919 HAVE THE AUTHORITY TO ENTER
02:57 - 42.349 INTO THE STATE BECAUSE THE
02:57 - 45.219 AGENCY UNDER STATUTORY. THE
02:57 - 46.940 ONLY ISSUE A LICENSE
02:57 - 48.779 FOR ONE YEAR PERIODS RIGHT THEY
02:57 - 51.049 CAN YOUR FOR YOUR CONCERN SO
02:57 - 52.539 WHAT WHAT IMPACT THAT A LITTLE
02:57 - 53.320 BIT YOUR YOUR
02:57 - 54.320 POINT IS.
02:57 - 55.959 >>MISTER CHAIR EQUINE SHOULD
02:57 - 57.339 NEVER HAVE AGREED TO THE DAY
02:57 - 58.619 THEY JUST SHOULD HAVE AGREED
02:57 - 00.249 NOT TO OPPOSE AN APPLICATION
02:58 - 01.299 FOR STAY FILED WITH THE
02:58 - 02.869 ADJUDICATOR AND THE ADJUDICATOR
02:58 - 03.690 WOULD HAVE THE AUTHORITY TO
02:58 - 04.430 GRANT THE STAY.
02:58 - 06.049 >>THAT IS CORRECT BUT IN JUNE
02:58 - 07.989 TO CATER AS YOU WELL KNOW WOULD
02:58 - 10.119 BE LOOKING AT THE STANDARDS FOR
02:58 - 11.120 STAY RIGHT.
02:58 - 12.439 IT WOULD LOOK AT THINGS LIKE
02:58 - 13.709 THE BALANCING OF COMPETING
02:58 - 15.219 INTERESTS, A LOOK AT THE PUBLIC
02:58 - 16.879 INTEREST RATIONALE WHICH WILL
02:58 - 17.090 TAKE
02:58 - 19.239 INTO CONSIDERATION. THE
02:58 - 21.109 FAMILIES IN PARTICULAR THE
02:58 - 22.470 CHILDREN THAT ARE MEANT TO
02:58 - 26.570 >>WHAT BACK UP A LITTLE BIT.
02:58 - 29.239 SO WHAT YOU'RE SAYING IS IN
02:58 - 31.449 THE CRASH PROBLEM IS THAT THE
02:58 - 33.230 BUREAU APPEARING APPEAL.
02:58 - 34.100 IT DID NOT.
02:58 - 36.150 >>THEY ISSUED THE BAY.
02:58 - 37.650 >>OF THE NON-RENEWAL.
02:58 - 41.679 THAT PROCEDURAL
02:58 - 43.629 CLOCKED HIM AND NOTHING TO DO
02:58 - 44.630 WITH THE FROM THEM.
02:58 - 55.079 PROBLEM IS THAT THE BUREAU OF
02:58 - 57.929 HEARING AN APPEAL AT BAY OF THE
02:58 - 00.199 DEPARTMENT NOT RENEWAL IF THAT
02:59 - 01.520 THE DEPARTMENT OF GREEN.
02:59 - 03.500 A DAY OF THE QUARTER.
02:59 - 07.019 >>MY ISSUE IS THAT THE RIGHT
02:59 - 08.020 FIT.
02:59 - 09.859 CORRECTING THAT THE ISSUE IS IS
02:59 - 10.940 THAT DHS
02:59 - 13.269 ACTED ALTERED BY REES CONTRARY
02:59 - 13.580 TO THEIR
02:59 - 14.890 STATUTORY AUTHORITY.
02:59 - 18.689 >>HURT A GIRL IT'S REALLY
02:59 - 19.690 PRETTY GIRL.
02:59 - 23.739 UNDER THE AGREED TO ISSUE WITH
02:59 - 27.099 OUR GREAT TO A BAY. I DON'T
02:59 - 27.670 KNOW WHAT WOULD
02:59 - 29.849 WITH THE BUREAU DURING APPEAL.
02:59 - 31.209 I DON'T KNOW IF THERE IS NOT
02:59 - 32.420 CONSENTED TO.
02:59 - 35.739 >>THAT'S BEEN FILED WHERE THEY
02:59 - 36.740 DO NOW.
02:59 - 38.120 >>THEY'RE MY UNDERSTANDING.
02:59 - 44.909 MY UNDERSTANDING IS THAT THERE
02:59 - 47.249 WAS NO STATE FILED AT THAT
02:59 - 50.179 LEVEL. AND IT'S NOT JUST ABOUT
02:59 - 51.549 THE WRONG ENTITY RIGHT, I MEAN
02:59 - 51.710 IT'S
02:59 - 54.379 SIGNIFICANT HERE IT'S THE HS
02:59 - 57.029 IS THE 40'S AND HAS THE ABILITY
02:59 - 59.109 TO GRANT OR DENY LICENSES RIGHT
02:59 - 00.569 IN SO IT'S AND
03:00 - 01.959 A HALF BEING IN AN ALTERED
03:00 - 04.179 VIRUS CAPACITY AND IN ORDER TO
03:00 - 05.180 GET A STAY.
03:00 - 07.359 YOU NEED TO MEET CRITERIA WHICH
03:00 - 08.939 WERE NEVER COMMUNICATED GREAT
03:00 - 10.939 DHS SIMPLE TURNED AROUND AND
03:00 - 13.289 ENTERED ANY TO CITE STIPULATION
03:00 - 14.989 WITH BERKS GIVEN THE GREEN
03:00 - 16.449 YOU'RE NOT YOU'RE NOT A PARTY
03:00 - 17.450 IN THAT THEATER.
03:00 - 19.369 >>IF YOU DON'T YOU DON'T
03:00 - 19.820 HAVE IT.
03:00 - 21.929 >>HE'S AT THE TABLE ARGUE
03:00 - 24.109 WHETHER DAY IS OR IS NOT
03:00 - 25.739 APPROPRIATE FROM THE STANDARDS
03:00 - 26.879 THAT REQUIRE THAT IF YOU TO
03:00 - 28.520 CARE IS REQUIRED TO CONSIDER
03:00 - 30.329 AND I'M I'M STRUGGLING WITH HOW
03:00 - 32.209 WE'RE BY EVEN ENTERTAINING THE
03:00 - 34.149 FACTION. WE'RE GIVING YOU A
03:00 - 36.209 SEAT AT THAT TABLE AND I'M NOT
03:00 - 39.200 SURE HOW YOUR A CLIENT.
03:00 - 43.599 ANY INTEREST THAT IS REALLY
03:00 - 45.529 CONCRETE HERE. I UNDERSTAND IT
03:00 - 46.939 FOUND ME LIKE YOU REPRESENT A
03:00 - 47.999 QUIET, BUT DON'T WANT TO BE
03:00 - 49.359 ABOUT THE ABILITY FOR ONE WAY
03:00 - 51.179 OR ANOTHER, AND ONE REASON OR
03:00 - 52.180 ANOTHER MAYBE YOU WANT TO BE AT
03:00 - 53.419 A DIFFERENT FACILITY, MAYBE YOU
03:00 - 54.609 DON'T WANT TO GET ANY FACILITY.
03:00 - 56.739 I DON'T REALLY KNOW RIGHT NOW
03:00 - 58.000 IT SEEMS THAT THE LIFE AND
03:00 - 59.330 STAYING IN PLACE.
03:01 - 03.239 FAVORABLE TO THE FAMILIES THAT
03:01 - 05.120 ARE BEING HOW THEY'RE NOT
03:01 - 09.199 UNFAVORABLE AND I'M I'M I GET
03:01 - 09.540 THAT AND I
03:01 - 10.969 WANT TO I WANT TO MONOPOLIZE
03:01 - 12.659 THE TIME ON ON ON YOUR CLIENT
03:01 - 13.660 STANDING BUT.
03:01 - 15.609 I'M NOT HEARING ANYTHING THAT
03:01 - 17.809 CONVINCES ME WHY YOU SHOULD BE
03:01 - 19.179 ABLE TO PICK YOUR NOSE UNDER
03:01 - 20.269 THE TENT OF AN ADMINISTRATIVE
03:01 - 21.739 PROCEEDING THAT YOU DON'T IF
03:01 - 22.740 YOU'RE NOT A PARTY TO.
03:01 - 25.279 >>SO I WANT TO MAKE A
03:01 - 27.279 DISTINCTION BETWEEN THE BHA TO
03:01 - 28.519 UNDERLINE PROCEEDING WHICH
03:01 - 30.389 YOU'RE CORRECT IS ABOUT THE
03:01 - 32.269 SUBSTANTIVE ISSUE OF WHETHER OR
03:01 - 34.709 NOT DHS CORRECTLY DENIED THAT
03:01 - 35.300 LICENSE IN THE
03:01 - 37.189 FIRST STEPS. BUT WHEN WE COME
03:01 - 39.209 TO THIS TREE SEEING THESE IN MY
03:01 - 40.000 MY CLIENTS HAVE
03:01 - 42.579 STANDING THERE ACTUALLY INJURED
03:01 - 44.059 BY THE FACT THAT THE FACILITY
03:01 - 45.680 CAN CONTINUE TO OPERATE.
03:01 - 47.940 IT'S OUT IN BALAD STATE LICENSE
03:01 - 49.330 AS I THINK'S COUNTY.
03:01 - 52.000 >>AND WHAT WHAT IS THAT TO YOU.
03:01 - 53.580 >>IT IS A WIN
03:01 - 54.580 OR NOT
03:01 - 57.219 L A I MEAN I GOT THAT THEY'RE
03:01 - 59.440 LIVING THERE WHY DO THEY WHAT
03:01 - 00.999 WHAT DOES THAT MATTER WHETHER
03:02 - 03.070 OR NOT BECAUSE OF HIS HEART
03:02 - 04.380 COUNTY NOW
03:02 - 07.599 >>ITS EMPLOYEES TO BE SOME WAY
03:02 - 08.929 FROM ANYTHING WE COULD BE
03:02 - 11.369 LOOKING AT. WHY WHY DOES
03:02 - 12.370 THAT MATTER.
03:02 - 14.689 >>BECAUSE THEY'RE HELD AND THIS
03:02 - 15.680 IS WHERE A DISPUTE
03:02 - 16.680 MISTER MCCONNELL'S
03:02 - 18.479 CHARACTERIZATION OF THE
03:02 - 19.789 FACILITY THEY'RE HELD IN A
03:02 - 21.489 FACILITY THAT IS A SECURE
03:02 - 23.520 DETENTION FACILITY. 4 CHILDREN.
03:02 - 25.789 THE FAMILIES IN THE DETENTION
03:02 - 27.439 FACILITY ARE NOT FREE TO LEAVE
03:02 - 28.759 THAT FINDING OF SECURE
03:02 - 31.039 DETENTION WAS ACTUALLY FOUND BY
03:02 - 33.119 AND YOU FROM BY A FEDERAL COURT
03:02 - 34.149 IN THE CENTRAL DISTRICT OF
03:02 - 35.909 CALIFORNIA. THAT'S WHY THIS
03:02 - 37.219 CASE MATTERS. THERE ARE
03:02 - 39.349 CHILDREN BEING HELD IN A
03:02 - 41.689 FACILITY THAT IS SECURE AND
03:02 - 43.429 PENNSYLVANIA LAW. THE
03:02 - 45.370 LEGISLATURE HAS DETERMINED.
03:02 - 48.349 THAT IS SIGNIFICANT TO REGULATE
03:02 - 49.429 AND PROTECT THESE
03:02 - 51.479 VULNERABLE POPULATIONS AND WHEN
03:02 - 53.039 WE DO OUR BEST, BUT THAT'S
03:02 - 53.920 THAT'S WHERE THAT'S WHERE THE
03:02 - 55.089 NUMBER THIS IS A MEMBER TO
03:02 - 56.090 APOLOGIZE.
03:02 - 57.360 >>I AGREE WITH YOU.
03:02 - 59.269 >>BUT BECAUSE OF
03:02 - 01.899 THE DAY. THE DEPARTMENT IS
03:03 - 04.099 REGULATING IT IF YOU WHEN IT
03:03 - 05.119 BECOMES AN UNREGULATED
03:03 - 08.229 FACILITY. SO YOU'RE CRYING
03:03 - 09.889 FOR HER AND BY THE ENTRY OF THE
03:03 - 10.999 DAY NOT THE LIFTING
03:03 - 11.280 OF IT.
03:03 - 13.879 >>AGAIN THIS IS CONNECTED TO
03:03 - 15.619 THE FEDERAL AND PATIENTS RATE
03:03 - 16.620 WHICH IS.
03:03 - 21.029 THE CONSENT DECREE WHICH IS
03:03 - 23.149 FEDERAL LAW THAT APPLIES TO TO
03:03 - 24.630 FACILITIES CHILL.
03:03 - 27.519 CHOIR IF THE FACILITIES HAVE A
03:03 - 29.890 STATE LICENSE. ALSO.
03:03 - 33.569 >>RIGHT IN THE CITY, BUT AGAIN
03:03 - 35.429 THE REASON WHY FLORES REQUIRES
03:03 - 36.949 THAT IS BECAUSE THE REGULATION
03:03 - 37.450 PROTECT
03:03 - 39.249 THE CHILDREN. HERE THE BAY
03:03 - 40.889 PROTECT THE CHILDREN IF THE
03:03 - 43.139 SAME WE'VE ALL BECAUSE WHAT I
03:03 - 44.150 THINK YOU'RE SAYING IT.
03:03 - 46.019 YEAH I WOULD WANT TO KEEP GOING
03:03 - 47.359 BACK TO YOUR ANSWER MY QUESTION
03:03 - 48.679 IS WHETHER AUTHORITY TO CLOSE
03:03 - 49.240 THEIR FAMILY TO
03:03 - 50.240 BE REAL.
03:03 - 51.869 >>THAT'S CORRECT BECAUSE WE
03:03 - 53.350 DON'T BELIEVE THAT IT'S IT'S
03:03 - 56.940 >>AND WE'RE TALKING
03:03 - 58.539 ABOUT FAMILY. OUR DIFFERENT
03:03 - 01.759 NAME PETITIONER JFC AND JAY AM
03:04 - 03.189 STILL REVIVING AT THE BURKE
03:04 - 05.090 COUNTY RESIDENTIAL CENTER.
03:04 - 06.669 >>NO THEY HAVE SINCE BEEN
03:04 - 07.670 RELEASED.
03:04 - 15.350 >>THEY REPRESENTING.
03:04 - 16.850 SO
03:04 - 18.899 THEY ARE LATE IN THE WAY THAT
03:04 - 20.759 IMMIGRATION SOME PROCESS IN
03:04 - 23.519 CASES. IS THAT THEY ARE
03:04 - 24.570 CURRENTLY IN
03:04 - 26.299 CURRENT IMMIGRATION PROCEEDINGS
03:04 - 27.649 THAT SUBJECT THEM TO THE
03:04 - 28.759 DETENTION AT ANY
03:04 - 31.169 TIME ICE AND YOU KNOW COURT
03:04 - 32.729 DECISION IF WE'RE GOING TO I
03:04 - 33.899 DON'T KNOW THE COURT WANTS ME
03:04 - 35.359 TO PRESENT WITNESSES THAT'S
03:04 - 37.069 SERVED IF PEOPLE WOULD LIKE ME
03:04 - 39.239 TO DRESS IN A IN A IN A
03:04 - 41.649 DECISION BY THIS COURT. IN A
03:04 - 42.780 CASE CALLED THAT.
03:04 - 45.799 I THINK IT'S DGA VERSUS
03:04 - 48.429 TH S. THE COURT FOUND THAT
03:04 - 49.659 FAMILIES THAT HAD
03:04 - 51.519 BEEN RELEASED. IT PREVIOUSLY
03:04 - 52.939 DETAINED AND YOU KNOW IN THE
03:04 - 54.450 SAME POSITION AS OUR CLIENTS
03:04 - 55.889 SUBJECT TO READ ATTENTION
03:04 - 58.309 ANY TOWN NET THE EXCEPTIONS FOR
03:04 - 00.099 ME IT'S RIGHT THAT TRADITIONAL
03:05 - 01.559 CAPABLE OF REPETITION YET IT
03:05 - 03.409 BEATING REVIEW. OFTEN GETS
03:05 - 05.629 APPLIED TO PRISON CONDITIONS
03:05 - 07.749 CASES RIGHT. PEOPLE ARE OFTEN
03:05 - 09.559 RELEASED DURING THE PENDENCY OF
03:05 - 10.560 THE LITIGATION.
03:05 - 14.430 IT OR AIR BEING.
03:05 - 15.739 >>IN THE ADMINISTRATIVE
03:05 - 17.409 PROCEEDING HAVING WITH THE
03:05 - 19.939 DEPARTMENT OF. HEARING AN
03:05 - 21.070 APPEAL THERE ARE.
03:05 - 22.449 >>THERE I
03:05 - 22.970 AM NOT.
03:05 - 24.629 >>COUNCIL ON THAT PIECE BUT
03:05 - 25.889 THERE IS A SEPARATE CASE
03:05 - 28.839 PENDING. OTHER FAMILIES HAVE
03:05 - 30.579 INTERVENED IN THE UNDERLYING
03:05 - 31.580 YOU J C.
03:05 - 35.109 >>DO YOU AGREE
03:05 - 36.439 THAT THERE HAVE
03:05 - 38.629 BEEN BURNED INSPECTIONS ARE
03:05 - 39.659 THEY COMPLAIN WITH THE
03:05 - 41.889 INSPECTION REQUIREMENTS AND THE
03:05 - 42.890 LIE, SO SURE.
03:05 - 47.959 >>I DON'T I KNOW THAT THERE ARE
03:05 - 49.459 THERE HAVE BEEN MOVES ACTIONS
03:05 - 51.339 OR THAT THE SOURCE OF HIS
03:05 - 52.359 REPRESENTATIVE THEIR
03:05 - 53.949 INSPECTION. I DON'T I DON'T
03:05 - 54.850 KNOW THE OUTCOME OF THIS
03:05 - 55.850 INSPECTION.
03:05 - 58.460 >>ARE THERE ANY OTHER ASPECTS.
03:05 - 00.030 A PLACE
03:06 - 03.179 IN SURE IF YOU BELIEVE ARE NOT
03:06 - 04.990 OCCURRING HERE DEFINITELY.
03:06 - 07.839 EFFECT IT, YOUR
03:06 - 10.059 CLIENTS OR AND THAT YOUR
03:06 - 11.330 CLIENTS IF THEY RETURN.
03:06 - 13.859 >>SO I THINK THAT SO UNDER
03:06 - 16.139 THE PENNSYLVANIA, MY SON SERVED
03:06 - 17.719 LICENSING SCHEME FOR CHILD
03:06 - 19.549 RESIDENTIAL FACILITIES. THEY
03:06 - 20.989 REQUIRE THEY ARE SECURE
03:06 - 22.109 DETENTION FACILITY THAT
03:06 - 24.149 CHILDREN UNDER THE AGE OF PINE
03:06 - 25.439 ARE NOT ALLOWED TO BE HELD IN
03:06 - 27.889 THAT SCHOOL AND IN THE BERKS
03:06 - 30.069 FACILITY V WE CURRENTLY HAVE
03:06 - 31.919 YOUNG CHILDREN BABIES HELD IN
03:06 - 34.370 THE FACILITY. ANOTHER ROUND IS
03:06 - 38.229 THAT CHILDREN CAN ONLY BE HELD
03:06 - 39.239 IN THE CHILD RESIDENTIAL
03:06 - 40.499 FACILITY IF THEY HAVE BEEN
03:06 - 42.630 ADJUDICATED WHEN CLIENTS.
03:06 - 45.189 AND OBVIOUSLY NONE OF THESE
03:06 - 46.529 CHILDREN HAVE GONE THROUGH ANY
03:06 - 48.249 SORT OF STATE PROCEEDINGS GREAT
03:06 - 49.899 TO BE HELD IN A FACILITY THAT'S
03:06 - 51.929 WHAT THE 3800 REGULATIONS WERE
03:06 - 53.679 FIRED FOR CHILD RESIDENTIAL
03:06 - 55.389 FACILITIES AND THEY CLEARLY
03:06 - 57.380 HAVE NOT BEEN MET INSTANCE.
03:07 - 02.629 INTEREST INHERENT AUTHORITY
03:07 - 04.589 ARGUMENT. ICY OF 20 SECONDS ON
03:07 - 05.590 THE CLOCK, I YEAH,
03:07 - 07.589 YEAH, THE MAYOR, THANK YOU
03:07 - 09.859 YOUR HONOR. I JUST DON'T HEAR A
03:07 - 11.769 STORY I CAN JUST MAKES A
03:07 - 14.139 REPRESENTATION THAT IT HAS
03:07 - 16.649 TURNED A STORY STIPULATE AND I
03:07 - 17.709 WHAT I WOULD LIKE TO SAY TO
03:07 - 19.449 THAT IS OF COURSE ME RECOGNIZE
03:07 - 20.929 THE PARTIES ARE WILLING OR ABLE
03:07 - 22.570 TO ENTER INTO STIPULATIONS
03:07 - 24.619 BUT THE DIFFERENCE HERE IS THAT
03:07 - 25.939 THE STIPULATION THEY HAVE
03:07 - 28.509 ENTERED INTO. THE TRADE TO
03:07 - 30.339 THEIR STATUTORY AUTHORITY AND
03:07 - 32.799 WE KNOW THAT UNDER PENCIL WELL
03:07 - 33.320 ESTABLISHED
03:07 - 35.649 PENNSYLVANIA LAW IT EVEN SEES
03:07 - 37.109 ONLY HAVE THE STATUTORY
03:07 - 38.549 AUTHORITY THAT HAS BEEN GIVEN
03:07 - 40.549 TO THEM BY THE LETTERS. AND
03:07 - 42.189 THE MAPLEWOOD MANNER CASE THE
03:07 - 44.849 DHS CITES DOES NOT STAND FOR
03:07 - 46.659 THE PROPOSITION THAT THEY CAN
03:07 - 48.529 ENTER INTO STIPULATIONS THAT
03:07 - 49.989 OTHERWISE VIOLATE THEIR
03:07 - 51.360 STATURE. IT ALREADY.
03:07 - 56.499 NOW A DRESS THAT YOU ARE
03:07 - 58.600 ASSESSED ARGUMENT FOR. I
03:07 - 01.919 TIME MAKE THE COURT. OKAY
03:08 - 03.689 SUPER QUICK. SO I JUST WANT TO
03:08 - 05.839 SAY IN RESPONSE THAT OUT AGAIN
03:08 - 07.559 YOU CAN WE BE EXPENSIVE THING
03:08 - 09.909 ON THE DUE PROCESS ISSUE BUT IN
03:08 - 10.910 TERMS
03:08 - 13.099 MISTER MCCONNELL'S ARGUMENT
03:08 - 15.069 THAT THE STATUTORY SCHEME SAYS
03:08 - 16.000 THAT THERE'S A PROPERTY
03:08 - 18.050 INTEREST. IT IS UNTRUE.
03:08 - 20.129 THERE IS NOTHING IN
03:08 - 22.339 THE 3800 REGULATIONS FOR THE
03:08 - 23.649 STATUTE THAT GOVERNS THE
03:08 - 25.169 LICENSING PROCESS THAT SAYS
03:08 - 26.219 THAT THERE'S A PROPERTY
03:08 - 28.550 INTEREST. THEY SAY 2 CASES,
03:08 - 32.149 2600 LEWIS. YOUNG CHAFEE IS
03:08 - 33.779 BOTH HAVE TO DO WITH ACTIVE
03:08 - 35.530 LICENSES AND PROPERTY INTEREST
03:08 - 37.129 IF YOU LOOK AT THE STATUTORY
03:08 - 38.269 SCHEME WOULD TOLD HE WOULD
03:08 - 40.329 CONSULT PENA IF THAT LICENSES
03:08 - 42.269 ARE VALID FOR HERE AND ARE NOT
03:08 - 44.139 AUTOMATICALLY BALL AND IN
03:08 - 47.119 THAT CASE. THE REASONING IN FOR
03:08 - 48.519 THE REGION'S VERSUS WRONG BY
03:08 - 50.449 THE U.S. SUPREME COURT APPLIES
03:08 - 51.819 TO FIND THAT THERE IS NO
03:08 - 53.209 PROPERTY INTEREST. IT'S
03:08 - 54.249 SOMETHING THAT HAS ALREADY
03:08 - 55.800 EXPIRED. THANK YOU.
03:08 - 00.870 MISTER CHERRY.
03:09 - 02.849 >>THANK YOU YOUR HONOR JUST
03:09 - 03.160 JUST
03:09 - 05.469 VERY QUICKLY IF YOU'RE ON OR
03:09 - 07.329 WHETHER I LIKE THE DETENTION OF
03:09 - 09.039 THESE ARE HOUSING THE FAMILIES
03:09 - 09.730 OF PRC
03:09 - 11.719 IS IRRELEVANT. THE QUESTION
03:09 - 13.819 HERE IS WHETHER WE HAVE
03:09 - 15.979 THE AUTHORITY AND TRAINED TO
03:09 - 18.469 THOSE STIPULATIONS STATE OF THE
03:09 - 20.719 MANDAMUS ACTIONS. WE SHOULD BE
03:09 - 22.650 LITIGATING HERE THE PROPRIETY
03:09 - 24.519 OF THE DETENTION OF FAMILIES OR
03:09 - 25.849 CHILDREN OR ANYTHING ELSE LIKE
03:09 - 27.719 THAT. JUDGE CROSS IS CORRECT
03:09 - 29.080 THAT'S UP TO THE FEDERAL COURT.
03:09 - 31.119 SO I WANT TO HYPER FOCUSSED THE
03:09 - 32.959 ONLY THING WE STAY IS THE
03:09 - 35.159 MANDAMUS ACTIONS. IT DOESN'T
03:09 - 36.679 AFFECT THE SPEED AT WHICH THE
03:09 - 38.909 BHA PER SINGLE PEEL THAT BRINGS
03:09 - 40.030 ME TO MY SECOND POINT
03:09 - 41.639 YOU ASKED WHETHER OR NOT THEY
03:09 - 42.640 SHOULD
03:09 - 45.499 >>BRIEFLY ON THE FEDERAL
03:09 - 47.229 SUPPOSE YOU HAD AN DRUG UNDER
03:09 - 48.879 THE FAITH AND YOU'VE GOT SOME
03:09 - 49.270 PLAY.
03:09 - 52.219 >>APPEAL ARE YOU. IF YOU DENY
03:09 - 54.009 THE RENEWAL AND THEY
03:09 - 55.649 IMMEDIATELY APPEALED EVERYONE
03:09 - 56.999 AGREES THEY HAVE A RIGHT TO AN
03:09 - 58.329 APPEAL OVER NON-RENEWAL
03:09 - 58.790 CORRECT.
03:09 - 59.950 >>THAT IS CORRECT
03:09 - 00.340 YOUR HONOR.
03:10 - 02.339 >>AND THEN THEY BUREAU
03:10 - 05.029 APPEARING APPEAL COULD SAY YOUR
03:10 - 05.860 NON-RENEWAL
03:10 - 06.860 THE STATION.
03:10 - 08.589 >>ONE OF 2 THINGS. YES WE CAN
03:10 - 09.729 THEY CAN STAY AT OR WE CAN
03:10 - 11.629 AGREE TO STAY BELOW. AND THAT'S
03:10 - 12.919 EXACTLY WHAT I WANTED TO GET TO
03:10 - 15.289 SECOND. THE REASON WHY YOU ASK
03:10 - 15.880 A STATE.
03:10 - 17.399 THE REASON WHY THE SOURCE
03:10 - 18.659 DIDN'T ASK FOR STAY WITH THE
03:10 - 20.839 HRA IF YOU LOOK AT OUR DECISION
03:10 - 22.559 LIAR. WE SAID IT WOULD NOT
03:10 - 25.209 BECOME FINAL. AFTER THE
03:10 - 27.390 ADJUDICATION IT WOULD NOT COME.
03:10 - 29.289 THERE WAS NO REASON FOR THEM TO
03:10 - 31.100 ASK FOR A STAY BEFORE THE HA
03:10 - 33.250 IF IT JUST SIDE TODAY THAT THE
03:10 - 36.380 SO IN OTHER WORDS, YOU'RE NOT.
03:10 - 38.509 >>YOU'RE NOT RENEWAL DECISION
03:10 - 40.230 SAID IT WOULD NOT BE FINAL.
03:10 - 42.069 >>THAT'S CORRECT AND KILLED 5
03:10 - 42.430 TIME
03:10 - 44.619 AS THE ORIGINAL PROCEEDING AS
03:10 - 47.660 THE THEY HAVE A LIFETIME.
03:10 - 54.489 >>IS THERE BECAUSE OF THE
03:10 - 55.570 SANITY OF US,
03:10 - 00.139 I'M IS THERE ANY LIMITATION AND
03:11 - 03.130 HOW LONG A SITUATION LIKE THIS
03:11 - 06.459 CAN CONTINUE. WHAT HE SAYS THIS
03:11 - 07.680 IS 5 YEARS.
03:11 - 10.750 SO IS IT POSSIBLE THEN
03:11 - 15.830 TO HAVE A FACILITY THAT IT IS.
03:11 - 17.629 AND ACCORDING TO
03:11 - 20.959 THE AGENCY, NOT SHOULD NOT HAVE
03:11 - 24.059 A LICENSE BUT BECAUSE OF WHO HE
03:11 - 27.609 IS LEGAL. IN THE NEW YEAR'S OR
03:11 - 30.990 COMPLICATIONS OR STIPULATIONS
03:11 - 33.789 CONTINUES TO STAND
03:11 - 36.179 SO THAT REALLY THE LICENSING
03:11 - 37.930 SCHEME IS NO LONGER.
03:11 - 40.159 BEING A FACTUAL WAY TO DO IT
03:11 - 42.139 ALL THE WHOLE THING IS JUST
03:11 - 42.890 STAYED
03:11 - 45.039 INDEFINITELY. IT CAN BE OUR
03:11 - 46.859 GUEST OF OF COURSE OUR POSITION
03:11 - 48.279 IS THERE'S NO LICENSE FOR US TO
03:11 - 49.190 GET THAT IT'S
03:11 - 49.680 REMEMBER THAT.
03:11 - 51.589 >>YES, IT'S ASSUMED THAT HE
03:11 - 53.899 WANTED TO LICENSE AND THEY
03:11 - 55.500 DIDN'T WANT TO BE LICENSED.
03:11 - 57.750 YES, THERE IS THE POTENTIAL
03:11 - 59.519 THEY CAN GO ON AND ON FOREVER,
03:11 - 00.649 BUT I WANT TO POINT OUT IN THIS
03:12 - 02.239 CASE. THIS HASN'T BEEN THE
03:12 - 04.199 DEPARTMENT'S FOR THE ATTRACTIVE
03:12 - 05.999 LOCATION. IT WAS A LOT ON
03:12 - 07.000 BATTLE WITH THAT
03:12 - 09.449 SIMILAR PETITIONERS THEY HAVE
03:12 - 11.050 SIMILAR COUNSEL IN THIS CASE
03:12 - 12.709 OVER THE INTERVENTION, THE WENT
03:12 - 14.840 OFF THE DATA. SO WE'VE GONE
03:12 - 17.310 BHA DECISION WE CALL ON
03:12 - 19.539 BACK DOWN. IN ADDITION FOR
03:12 - 21.949 INTERVENTION. DENY ALL
03:12 - 23.529 THROUGHOUT THE GAME NOW ALL THE
03:12 - 24.530 WAY BACK DOWN
03:12 - 26.129 SUPPORT WITH DWIGHT HAS BEEN
03:12 - 28.399 DUE TO THE FAMILIES THEMSELVES
03:12 - 29.160 NOT JUST US.
03:12 - 30.659 YES THERE'S A DANGER, BUT I
03:12 - 31.709 DON'T WANT YOU TO THINK IN THIS
03:12 - 33.539 PARTICULAR CASE AND WE'VE BEEN
03:12 - 34.870 LOOKING TO DRAG THIS OUT.
03:12 - 40.289 TOY JUST TO PICK UP ON
03:12 - 41.879 MY LAST IN POINT ABOUT THAT
03:12 - 43.929 QUESTION IS I JUST WANT MAKE IT
03:12 - 45.719 CLEAR THAT WE SAID WAS THE
03:12 - 47.459 FINAL TO BEAT YOU CATION WAS
03:12 - 49.019 FOLLOW. SO I'M JUST GOING TO
03:12 - 50.209 ASK THIS COURT THAT HAS HIM ALL
03:12 - 51.829 OVER MY REBUTTAL TIME JUST A
03:12 - 53.549 HYPER FOCUS ON THE QUESTION IN
03:12 - 54.550 THIS CASE.
03:12 - 56.509 INSIDE ALL THOSE OTHER ISSUES
03:12 - 57.920 WHERE WE AGREE WITH THEM OR NOT
03:12 - 00.719 IF WE HAVE IT FOR YOU TO STAY
03:13 - 02.850 THE MANDAMUS ACTIONS. THANK YOU
03:13 - 04.500 I APPRECIATE THE EXTRA TALK.
03:13 - 16.269 A DRIVER HITTING ME ABOUT MY
03:13 - 19.409 APOLOGIES TO THE COURT. FIRST
03:13 - 20.730 IF I MAY MISTER
03:13 - 24.150 UGLY AND FRANKLY IT.
03:13 - 27.649 WHO THEY ARE A GREAT JOB
03:13 - 29.919 IN SUMMARIZING. YOU KNOW THAT'S
03:13 - 32.030 ALREADY ARGUMENT IN I THINK IT.
03:13 - 34.509 >>AND WE ARE STEP ASIDE FROM
03:13 - 35.949 THAT ARGUMENT. WHAT I LIKE TO
03:13 - 37.090 USE MY REBUTTAL TIME
03:13 - 39.839 ON THESE. ADDRESSING THE
03:13 - 42.419 SUGGESTION. MY COUNSEL AND I
03:13 - 43.890 SPOKEN TRUTH TO THE COURT.
03:13 - 46.929 I THINK THIS LEE MISUNDERSTOOD
03:13 - 47.080 WHAT
03:13 - 49.429 I SAID. I DID NOT REPRESENT TO
03:13 - 50.400 THIS COURT THAT THERE IS
03:13 - 52.179 LANGUAGE IN THE COLD THAT
03:13 - 54.020 IDENTIFIES THE 300
03:13 - 57.079 A LICENSE AS A PROPERTY
03:13 - 59.149 INTEREST. I RECOGNIZE THERE IS
03:13 - 00.599 NO SUCH LICENSE, NO SUCH
03:14 - 02.939 LANGUAGE. WHAT I ARGUED TO THE
03:14 - 05.949 COURT. IS THAT IF YOU TAKE
03:14 - 07.619 THAT BACK. THE DOORS, BUT
03:14 - 09.269 AFFLECK HAITIAN PROCESS AND
03:14 - 11.619 APPROVAL PROCESS AND INSPECTION
03:14 - 13.970 PROCESS AND A DECISION PROCESS.
03:14 - 15.790 IT IS ALL LAID OUT IN CODE.
03:14 - 19.230 IN A COUPLE THAT WITH THE FACT
03:14 - 22.090 IF THERE IS A. SPECIFICALLY
03:14 - 24.090 20.
03:14 - 26.420 20 PA CODE SECTION,
03:14 - 29.479 20.8 1. THERE'S AN EXPRESSLY
03:14 - 32.140 STATED APPEAL PROCESS
03:14 - 34.419 TO ALLOW A PERSON TO ALLOW NONE
03:14 - 35.999 TEAM THAT HAS DENIED A LICENSE
03:14 - 37.639 UNDER 3800 TO
03:14 - 39.519 APPEAL THAT AND WHAT I'M
03:14 - 41.009 SUGGESTING IS IF YOU COUPLE
03:14 - 42.829 THAT WITH BOARD OF REGENTS THAT
03:14 - 45.619 SAYS STATE LAW CONTROLS ON THE
03:14 - 47.109 ISSUE ISSUE OF WHETHER THERE'S
03:14 - 47.250 A
03:14 - 49.879 PROPERTY INTEREST. I ARGUED TO
03:14 - 51.589 THE COURT THAT THERE CLEARLY IS
03:14 - 52.590 A PROPERTY INTEREST.
03:14 - 54.319 I DON'T I DO NOT ARGUE TO THE
03:14 - 55.819 COURT THAT IT IS STATED IN THE
03:14 - 57.749 LAW IF YOU IF YOU TAKE THE
03:14 - 00.119 FACTORS THAT COURTS
03:15 - 01.719 MUST CONSIDER IN DETERMINING
03:15 - 02.849 WHETHER THERE IS A PROPERTY
03:15 - 04.479 INTEREST. AND YOU LOOK AT THOSE
03:15 - 05.740 FACTORS IN THIS CASE.
03:15 - 08.129 I WOULD ARGUE TO THE COURT THAT
03:15 - 09.150 THERE IS A PROPERTY.
03:15 - 10.999 I JUST WANT TO BE CLEAR THAT I
03:15 - 12.709 DID NOT SPEAK IN AN TRUTH TO
03:15 - 13.180 THE COURT.
03:15 - 14.870 >>WELL I AM
03:15 - 16.509 THE FACT OF THE MATTER IS I
03:15 - 17.899 DON'T THINK THERE ARE VERY MANY
03:15 - 19.410 CAPTURED THAT BANK.
03:15 - 22.079 THAT IT BRIEFLY BUT THE LIFE
03:15 - 23.130 CENTER. IS.
03:15 - 26.009 HEREBY ACKNOWLEDGE THAT TO
03:15 - 26.440 CONVEY A
03:15 - 28.389 PROPERTY INTEREST. BUT I THINK
03:15 - 30.579 IT'S A CONSTITUTIONAL PRECEPT
03:15 - 32.120 THE FALL FROM.
03:15 - 36.739 MANY FORCES BUT IF YOU HAVE
03:15 - 38.320 A LICENSE AND IF THEY.
03:15 - 41.489 YOU DO HAVE A CREW OUT AND ARE
03:15 - 44.900 MANY A PENNSYLVANIA. CASES.
03:15 - 47.519 A LIFE AND DOES CONVEY A
03:15 - 49.170 PRIVILEGE TO PROPERTY INTEREST.
03:15 - 51.099 THAT IS PROTECTED UNDER THE
03:15 - 52.700 ADMINISTRATIVE AGENCY LAW.
03:15 - 56.149 IS THERE ANYTHING ELSE. MISTER
03:15 - 56.560 KAMEL.
03:15 - 57.910 >>THANK YOUR HONOR THANK YOU
03:15 - 58.910 FOR THE EXTRA TIME.
03:16 - 01.429 >>YOU'RE WELCOME. THANK
03:16 - 03.909 YOU COUNCIL. VERY INTERESTING
03:16 - 05.489 AND IMPORTANT PAY THEM VERY
03:16 - 07.119 WELL ARGUED OH WELL GREAT THANK
03:16 - 08.120 YOU FOR YOUR TIME.
03:16 - 10.419 >>THANK YOU TO ALL THANK YOU,
03:16 - 14.019 THANK YOU. COMMONWEALTH COURT IS NOW
03:16 - 15.020 ADJOURNED.