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-4- <br />MS. WINTER: Did they get their money back? <br />MR. RENNER: I don't know. <br />MR. HOLDER: Find the Post Office in contempt. <br />MS. WINTER: The Post Office is misadvertisina.(inaudible discussion) <br />MR. DANIELSON: Is it .your position that we don't have the authority to <br />call a public hearing on our own motion even when we don't receive any <br />objections? <br />MR. MASSEY: Not at all. That is not m.v position at all. As I stated in <br />the letter, my position is that the comments that are received after the <br />deadline cannot by considered by this Board in a decision relating to the <br />application. I think the rules are clear in that regard. <br />MR. DANIEL SON: So, we can on our motion decide to hold a public hearing. <br />MR. MASSEY: I think the rule--, there's another rule that aoiolies to <br />that and it's--, if you determine on the evidence on record that mood cause is <br />shown, you can determine to hold a hearing. And, as I've men ti one~i, Battle <br />Mountain will cooperate in every respect if you determine to do th~et. <br />MR. O'CONNOR: Dean stated, that it's his understanding and your <br />understanding that the formal public hearing will be held in Febru,ery. Is <br />that clear that it can be held in February? That's less than thirty days from <br />today. <br />MR. RENNER: Yes. I think it is clear between the correspondence I've <br />had with Battle Mountain. And I've made that clear, I believe, also in my <br />response to the objectors. <br />MR. O'CONNOR: I thought you had said earlier that the hearima will be <br />held no less than thirty days after the Board makes the decision that the--- <br />