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12 <br />1 that it has the jurisdiction -- the standing -- <br />2 excuse me -- and so this is, in your eyes, a new <br />3 proceeding to appeal what is, in your eyes, a <br />4 proper vacation of the NOV; is that correct? <br />5 MR. MORRIS: That's right. <br />6 MR. HELD: Okay. I guess maybe Steve <br />7 has something to say. <br />8 MR. JANOSEC: You bet. Mr. Brown. <br />9 MR. BROWN: Thank you, Mr. Chairman. <br />10 Steve Brown for the Division of Minerals and <br />11 Geology. We essentially agree with Mr. Morris's <br />12 statement that we view this -- you can call it a <br />13 new proceeding or you can call it a potential <br />14 reinstatement of a NOV, but essentially what we <br />15 believe is before the board is a purported appeal <br />16 by an entity that we don't believe has standing to <br />17 appeal a vacation of an NOV. <br />18 And I don't want to get into the merits <br />19 of that argument until it's my turn to do so, but I <br />20 think what this boils down is if the board <br />21 disagrees with our position and disagrees with the <br />22 position of Mr. Morris and the Tatums, we believe <br />23 that the board should reschedule a hearing no <br />24 sooner than next month because we believe that the <br />25 matter was resolved and that -- and we still <br />