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stakeholders in the company that the Cease and Desist Order would be removed in July 2022 and <br /> pre-Cease and Desist Order mining activities would be permitted to commence as a result of GIR's <br /> compliance with the Cease and Desist Order and the corresponding removal of the Cease and <br /> Desist Order.Ex.I,¶6(Aff.of D.Takami).GIR also has contractual obligations that it committed <br /> to honor that were entered into based on GIR's reliance on the Division's representations <br /> concerning the removal of the Cease and Desist Order. Id. at¶9. Further, while GIR's investors <br /> have been diligent in supporting the financial requirements associated with compliance with the <br /> Cease and Desist Order, that ongoing assistance was based, in part, on the expectation the Cease <br /> and Desist Order would be removed in July 2022. Id. at¶¶7-8. As such, it is important that the <br /> Cease and Desist Order be removed as soon as practicable to avoid causing additional unnecessary <br /> harm to GIR. <br /> C. The Board Has Authority to Remove the Cease and Desist Order Without a <br /> Hearing <br /> As an initial matter, the Board has authority to decide this matter because this is an issue <br /> related to the removal of the Board-issued Cease and Desist Order, the Division deferred the <br /> decision to the Board,and the Board's decision will remove the uncertainty concerning the ongoing <br /> applicability of the Cease and Desist Order to GIR. See, e.g., Rule 2.5.1; Rule 2.5.3. Further, as <br /> set forth above,this matter does not involve a question or issue that is currently subject to a formal <br /> Board hearing or investigation before the Board or a court.Rule 2.5.3(b)-(c). This issue is also not <br /> moot or hypothetical and GIR has no other adequate legal remedy,especially because GIR sought <br /> removal of the Cease and Desist Order from the Division, but the Division deferred to the Board. <br /> Rule 2.5.3(d)-(e). <br /> Moreover, there is (or should be) no dispute that GIR has satisfied all of the Corrective <br /> Actions set forth in the Cease and Desist Order, as well as the Division's additional requirements <br /> 7 <br />