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52 <br />1 Our experts have prepared the reports, and we're <br />2 ready to have this matter decided. If we don't get <br />3 this matter decided, we r un the real risk of either <br />4 having to fend off a federal notice of violation <br />5 because the OSM has decided that there wasn't good <br />6 cause to vacate the NOV from the division and they <br />7 go out and bring the ir own enforcement action, or <br />8 the Tatums sometime in the future reinstitute the <br />9 entire process. <br />10 The critical thing is that the Tatums <br />11 have asked for this to be dismissed without <br />12 prejudice. They want to keep this card in their <br />13 hand to play at some time in the future, and we <br />14 don't think that that's right. <br />15 On the sort of procedural questions. <br />16 It's true that the board has very broad <br />17 jurisdiction and authority to administer the coal <br />18 act. Any person who is adversely affected by a <br />I9 decision of the division to vacate an NOV has a <br />20 right to contest that. <br />21 It's also clear under the board's <br />22 general responsibilities for the coal regulations <br />23 that the board has the responsibility to hold <br />24 hearings to allow people adversely affected to <br />25 present information relating to the issuance, <br />