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10 <br />1 <br />• 2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />,, 13 <br />14 <br />15 <br />16 <br />17 ' <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />t~ <br />i~i <br />that we continue tt.e hearing because we don't have a new <br />i <br />E/L EL:S' ( ~HYEV TLH d .a 5'.SU('/A 7E3. I vC <br />Crn0irJ Shnn hon.l Rq„rnrn ~, <br />/500 Chan rJ/r RuaJ <br />LnJnnn. (~i llO/OJU AOI:I I <br />I` JbJ-lhl-A.et <br />.w le,a .. .. a.. ._ L_ .. .. I . <br />ce~s~ and desist was that the Board deferred consideration of <br />civil penalties at this time. The reason fox the deferral, <br />of~c©urse, is to see how he produces. Well, he has produced <br />ve~y badly, therefore, we're going out for civil penalties and <br />I rpight also mention just one thing to Chips, and that is if <br />heldoes not know that there is a hearing, it is because he <br />ch~o5es not to know. He chooses not to answer my phone calls. <br />You know, this is a whole matter of choice on his part. It's, <br />yob know -- <br />MR. BARRY: I understand that, but the fact of <br />the, matter is he doesn't -- we cannot be sure he knows we're <br />ha~{ir~g the hearing, He should know and I have no problem if <br />we~go ahead in terms of the legalities. I know our procedure <br />is~proper, but in terms of being absolutely fair .bout things, I <br />that plus the point.; raised by Dave, we may gain some leverage. <br />i If h.e chooses to ignore a subpoena, we may be <br />inia far better position with him than we'd be if we filed suit <br />for, failure to pay e fine. <br />I wnGld move we give the guy a subpoena and not <br />holjd a hearing to3~y and proceed on that basis, for the purpose <br />of idi~scussion, anywa7. <br />~ CHA?KHAN HROWN: Is there a second to the <br />I <br />motion? <br />24 ~ K.R. '.V~]ODS: Excuse me. I think the motion is <br />25 <br />