to grant or deny motions for dismissal of this summary charges filed against when d hurley -- wendy hurley. >> i have asked commissioner slaughtered to provide -- preside over the public portion. >> i would move that -- be recused from this item as well as item number 11. >> without objection. >> counsel, please state your name. >> -- >> thank you, counsel. we will proceed to consider your motions to dismiss. we have received your briefing and the commission has reviewed it. we have established a scheduling order for the proceedings. we have received, red, reviewed your papers. >> this is the case of my client and this is a very serious matter. the first motion is in motion that we filed to dismiss this case because the prosecution did not present evidence. the rules require that the department provides this evidence. but the officers might have been present. the prosecuting attorney indicated that he had the indication and it would have been two months for him to get it to us. first, he would make the prosecution turned over the evidence but after -- indicated that it would take two month