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<br />Tr., 36; Ex. Nos. G-2, G-20. OSM issued the NOV pursuant to the <br />Surface Mining Control and Reclamation Act of 1977 (SMCRA), <br />30 U.S.C. §§ 1201-1328. <br />Kerr filed applications with the Office of Hearings and <br />Appeals for review of and temporary relief from the NOV. Kerr <br />Coal Company v. OSM, Docket No. DV 94-12-R. On June 15, 1994, <br />ALJ Child, based on a stipulation between the parties, entered an <br />order granting temporary relief from the NOV from June 7, 1994, <br />to and including August 23, 1994. <br />Hearing on the applications was held on July 20-22, 1994, <br />before ALJ Child in Denver, Colorado. During the hearing, <br />counsel for Kerr verbally moved to dismiss the proceeding on the <br />ground that OSM lacked jurisdiction to issue the NOV directly to <br />Kerr without first issuing to Colorado a ten-day notice pursuant <br />to 30 C.F.R. § 843.12(a)(2). Tr., 221-29; see also Tr., 229-31. <br />ALJ Child denied the motion from the bench. Tr., 232. <br />At the conclusion of the hearing, on July 22, counsel for <br />Kerr verbally requested that ALJ Child extend temporary relief <br />from August 23, 1994, until, presumably, the ALJ issued his <br />decision on the merits of the NOV. Tr., 510. ALJ Child denied <br />the request for extended temporary relief from the bench. Tr., <br />511. <br />2 <br />