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1 <br />1 <br />t <br />1 <br />1 <br />t <br />z8 <br />1 scheduled. <br />2 MR. COOLEY: We have taken a recent position against <br />3 suspending penalties, and I think if you are going to assess a <br />4 penalty, you better assess a penalty. <br />5 I think the Board is under criticism for doing that. <br />6 It's ashame, but you didn't do anything, and I think you should <br />7 do decide on a penalty and penalize. <br />8 CHAIRMAN DANIELSON: Does anybody have a proposal? <br />9 MR. ENTZ: Is there a motion, Mr. Chairman? I would <br />10 move that we assess a civil penalty in the amount of $6,300. <br />11 That is, as recommended. <br />12 CHAIRMAN DANIELSON: Is there a second? <br />13 MS. KAEGER-ROVEY: Second. <br />14 CHAIRMAN DANIELSON: Is there any discussion? <br />15 MS. KAEGER-ROVEY: My trepidation on Pines, Mr. <br />16 Chairman, is that I rather see it go toward a bond. On the other <br />17 hand, I take Mr. Cooley's point seriously, and agree that we need <br />18 to have some kind of consistency. So that's why I am on the <br />19 fence about it. When we collect a penalty, it doesn't do any <br />20 good fixing up the problems. <br />21 MR. COOLEY: I think what it might do is hardened <br />22 Cathy's position. I chasitized there lawyer a few minutes ago <br />23 because they haven't really exhibited any voluntary cooperation, <br />24 and I think the fine like this, if I were them, would harden my <br />25 position. <br />