before i share my thoughts, mrs. huber i love to turn to you again. a member of the public during public comment i think very astutely pointed to the due diligence prong of the standards at play with the rehearing request. can you give us a little color on that? >> yes. apologies i didn't mention that when i first referenced the standards. section 9 of the board of appeals rules govern rehearing requests and we have been talking about subsection b, which i read the text earlier. provides stroret cases to prevent manifest injustice, showing of new or material different facts if they were known, they cds have effected the outcome of the hearing. subsection c provides that failure to exercise due diligence to produce the new facts and circumstances at the previous hearing shall be deemed grounds for denial of the request. the other subjections relate to allowing up to three minutes and the rules would not apply to a motion made by the board's own initiative. >> this is a 3-2 or 4-1? >> the code requires-sorry, you asking how many votes? 4. >> it requires