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Wednesday, December 07, 2022 9:09:27 PM
DOE is challenging the ALJ decision for dismissal, through the review process, correct? If the Commission sides with the DOE, in other words agrees that the ALJ is in error, then several things can happen. It is not likely they decide error within the entire decision. But all of that is what if's
Facts are this is not common, the ALJ generally sides with the DOE or company just caves beforehand and accepts revocation.
From an investor standpoint I understand you viewing this as greater than a pissing match, but I assure you, I know a bit about the internal workings and if you think these people don't have little cliques, you are mistaken. Think of the SEC more like our branches of government and less like a legal system.
Generally these proceedings are petitioned by the company in question. A last ditch effort to plead their case. But the ALJ and DOE are already in agreement generally, so likelihood of the commission going against both of them is slim. Here, probably due to excellent representation on DBMM's behalf, ALJ found that revocation was not necessary.
If you read every case used as evidence of precedent by the DOE, it is not of like kind. DOE has cherry picked similarities but same as, it is not.
I am guessing by the wording that this is personal and more than a simple disagreement on policy.
Now if I get that, you know the commission does.
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