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104 <br />1 is whether vacating this NOV was proper, and there <br />2 are interesting jurisdictional questions that make <br />3 my head hurt when I think about them. So the <br />4 important point is whether there's a standard to <br />5 vacate. <br />6 The related point on that is because <br />7 this resulted from a 10-day notice, the division is <br />8 going to have to satisfy OSM that the NOV was <br />9 properly vacated. It has to be vacated for good <br />10 cause under the OSM regulations. <br />11 Good cause under those regulations means <br />12 there wasn't a violation, the division needs more <br />13 time to figure out whether there was a violation, <br />14 the division doesn't have any jurisdiction over the <br />15 violation, or there's a court order preventing the <br />16 division from issuing the violation. <br />17 I don't know which of those are going to <br />18 be invoked when they go tO the OSM, and I'm worried <br />19 about getting a federal NOV, you know, unless the <br />20 division states and finds as a fact that there was <br />21 no violation, and I haven't seen any real <br />22 inclination to do that. <br />23 The final point I'd like to make is that <br />24 we've asked that if this NOV is, it be vacated <br />25 without prejudice. The reason for that, again, is <br />