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112 <br />1 MR. JAVERNICK: I move we close <br />2 testimony. <br />3 MR. CATTANY: Second. <br />4 MR. JANOSEC: All in favor say aye. <br />5 THE BOARD: (All in favor.) <br />6 MR. JANOSEC: All right. The testimony <br />7 is closed. If there's any other deliberations, <br />8 why, we'll go ahead, and if not, why, I would <br />9 encourage a mo tion. <br />10 MR. CATTANY: For the sake of <br />11 discussion, Mr . Chairman, I would move that the <br />12 division did n ot have the authority to withdraw the <br />13 NOV. <br />14 MR. JAVERNICK: I have a problem with <br />15 that assertion because I think that when we look at <br />16 precedent and past practice, I think that what <br />17 we've done in the past, the division has that <br />18 authority, and I have a problem with the board <br />19 having to deal with every dismissal or all those <br />20 issues that co me along as being superfluous. So I <br />21 have a problem making the assertion that the board <br />22 does not have the authority to vacate NOVs. <br />23 MR. CATTANY: Well, I think it's in this <br />24 particular ins tance that we are making that <br />25 assertion. <br />