addington, when we had mr. main here, i kind of said, this is shocking, this testimony to me, that these mines continue to stay open. and i say why can't you shut down a mine, or shut down part of the mine? he said, well, because of the federal mine safety and health review commission has made some rulings that made it hard to shut down. is that true in your experienced? >> well, it probably -- it's partly true in some respects. at the pattern of violations i don't believe that's true. if you look at section one '04, pattern of violation, the statute as it was intended, if you look at the legislative history, it really was intended to be a hammer. and unfortunately through implementing regulations in 1990, it was weakened and msha's internal criteria that they're using a week and it even more. i mean, we've heard a couple times during a hearing about potential pattern of violations. you won't find it in the statute. the statute nothing about potential violation that it says if a minor engaged in a pattern of vi

addington? i kind of said this is shocking this testimony to me that the mines continue to stay open and i say why can't you shut down the mine or part of a mine and they said well because of the federal mine safety and health review commission has made some rulings that made it harder to shut down. is that true in your experience? >> it is partly true in some respects has to the pattern of the violations i don't believe that is true. if you will look at section 104 and violations the statute as it was intended and if you look at the legislative history it was intended to be a hammer and unfortunately they are implementing regulations in 1990 it was weakened and the internal criteria they are using now week ended even more. we've heard a couple of times during the hearing about potential pattern of violations. you will find that in the statute. it says nothing about potential pattern of the violations. if it is engaged in a pattern of violation getting notice. right now what's been happening is