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ENFORCE35010
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ENFORCE35010
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Last modified
8/24/2016 7:44:44 PM
Creation date
11/21/2007 2:26:57 PM
Metadata
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Template:
DRMS Permit Index
Permit No
C1981041
IBM Index Class Name
Enforcement
Doc Name
RESPONSE TO PETITION FOR NORMA HEARING BY MLRB NOV CV 2000-010
Violation No.
CV2000010
Media Type
D
Archive
No
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This regulatory provision does not specify a certain license but all licenses. The plain <br />meaning of the word "license" is a revocable permission to commit an act that would <br />otherwise be unlawful. Black's Law Dictionary, 931 (rev. 7`h ed. 1999). In the present <br />matter, Frontier has lost "its license" to do surety business with the federal government. <br />Accordingly, the Frontier bond is in violation of the regulation and Powderhorn must replace <br />it or be deemed to be without bond coverage. <br />III. <br />FRONTIER'S LOSS OF TI'S LICENSE TO DO BUSINESS WITH THE FEDERAL <br />GOVERNMENT CONSTITUTES A VIOLATION WITHOUT A SHOWING OF <br />FINANCIAL INCAPACITY <br />Powderhorn asserts that the loss of its certificate of authority from the Department of <br />Treasury does not in itself constitute a violation under the coal regulations, that the Division <br />must also demonstrate an inability by Frontier to meet its financial obligations. The plain <br />language of the regulations undermines Powderhom's argument. Indeed, if Powderhom's <br />argument were accepted, the plain language of the regulations would be rendered <br />meaningless. <br />The regulations state that upon the "incapacity of a surety by reason of bankruptcy, <br />insolvency or suspension or revocation of its license the permittee shall be deemed to be <br />10 <br />
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