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The selection board member went on to say in the context of the work description ( exhibit D-2 ) where it says that " [ t ] he work requires knowledge of the organization , programs , policies , objectives and goals of the department and branch to evaluate , process and approve / deny applications , to evaluate the completeness of applications and documents , to advise clients of decisions , and to advise management of difficult cases and operational issues , " that the selection board was certainly addressing those questions to those particular matters . This does not , therefore , seem to be a wise route to take , but requires further study . " The Congress recognizes that from the beginning of our history as a nation , the police power to investigate , prosecute , and punish common crimes such as murder , kidnapping , and assault has resided in the several States , and that such power should remain with the States . In other words , part of the rationale for delaying the decision on a permanent repository , so as to allow more time for better waste technology to develop , is that we would avoid the problematic current policy of the DOE , namely , " Get it right the first time . The work requires knowledge of the organization , programs , policies , objectives and goals of the department and branch to evaluate , process and approve / deny applications , to evaluate the completeness of applications and documents , to advise clients of decisions , and to advise management of difficult cases and operational issues . A Notice of Malpractice must be filed within sixty days after joinder of issue by all defendants named in the complaint or after the time for the a defaulting party to appear , answer or move with respect to the pleading has expired .