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REV05245
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REV05245
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Entry Properties
Last modified
8/25/2016 1:03:42 AM
Creation date
11/21/2007 9:23:57 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1977210
IBM Index Class Name
Revision
Doc Name
REPORTERS TRANSCRIPT VOLUME II
Type & Sequence
AM3
Media Type
D
Archive
No
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<br /> <br />' 17 <br /> 1 I think at some point, we run into the problem that <br /> 2 your facts may be--your fact finding may be cemented for judicial <br /> 3 review, but the application of the facts to the law may not be. <br />' 4 So on review, your fact finding leads to a different legal <br /> 5 conclusion. <br />' 6 CHAIRMAN DANIELSON <br />I <br />I <br />l <br />ki <br />T <br />h <br /> : <br />guess <br />am <br />oo <br />ng, <br />erry, t <br />at <br /> 7 124-2. I am open to talk trying to work some way through here <br /> 8 but that's the provision it seems to me to be a road block. Are <br />' 9 we reading the same thing. <br /> 10 This is where the Board determines that there exists <br />' 11 violation of an <br />an <br />r <br />visi <br />ns of thi <br />arti <br />l <br />is that ri <br />ht? <br /> y <br />y p <br />o <br />o <br />s <br />c <br />g <br />e; <br />' 12 The point is iP it says our lease cease and desist order has to <br /> 13 be based on the finding that there is a violation. <br />' 14 MR. JOHNSON: You might look at 6A. Also it is the <br /> 15 same. <br />' 16 MR. O'CONNOR: I guess the basis Yor my question was <br />' 17 what's our probability if we did what I am suggesting here the <br /> 18 issue of the Board order having--but having not found notice of <br />' 19 violation. Is there a basis on contest that Board Order on the <br /> 20 grounds that the Board did not have jurisdiction at this time to <br />' 21 issue such an order? <br /> 22 And with that, I might ask Mr. Briggs, if we were to do <br />' ' <br /> 23 something such as this, and I don <br />t know if you are prepared to <br />' 24 answer this question, would you be willing to stipulate on the <br /> 25 record that you wouldn't raise that argument? <br />
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