judge winter has recused himself from the first case cerny versus a c c accordingly judge carney and i will hear that case first we will then take a short recess so that we can set up and get judge winter on the phone and we will then hear the remain four cases on the calendar and so we'll hear from  them so i began before this court is a matter that arises from a whistleblower award claim filed at a time this is a unique case in that our claim rickly related to an intertwined with the commissions and reasonable delay to act on the syntax for we bring two weaponing questions before the court the remaining answers may manifest themselves the commission first one is the commission's decision to provide actual notice is discretionary petitioners argue they abused that discretion by deciding among other things not to inform  was there any reason that you were unable to access that we do go into that details like not about it and yes that that is something that we feel that since we were known to them and there is there is direct notice and there is constructive notice that since we were known to them and we did not know we will whistleblowers at the time we did not know that it was in our it was up to us to look at this website that was posted constructively as opposed to being notified because we were in direct contact with there is no physical obstacle to accessing the website just that you didn't know that you should be monitoring it is that right because you believe it or you didn't know there was no physical reason why we couldn't access the website we just didn't know that we were whistleblowers at the time it was something that the f c c we believe had in their control to work with us as far as whistleblowers there was no t c r which is where they actually used to notify whistleblowers that there is a covered action the covered action came up and it was it was not known to us that there was something that we had to do is decision not to open the t c r was a violation of commission procedures and among other things was a direct cause or contributed to an adequate notice of a potential rights will claim we understand that we're not questioning the interpretation of in big was regulations or statutes was chevron or our come to play we're not here to argue the adequacy of constructive though it is as a matter of law the agency has determined in response to our peel they are not obligated to provide actual notice we are not addressing whether they're obligated or not we merely urge this court to seek the unexplained rush now given the information available to this second at the time  to reach their decision not to notify us of the covered action which we are burning us you're out of time you have two minutes that you say for a bottle would you like to use them now i'd like to finish use a portion of that program informing the only parties with the potential property interest in the form of the w b claim who are no two on one contact with the f c c at the time the no camp was posted is in no way prohibited and was not reasonable the current old w b procedure is now actual notice however the control to that notice remains reliant on the commission deciding to follow procedure by opening and compiling whistleblower information in the t c r system which takes us to the second matter the t c r the commission relies on the t c r process is the final word to reach the final the term a nation of what information was before the commission what action to staff took on tips provided among other things including triggering the notice process in violation of commission procedure there is no t c or relating to the petitioners our presence here today is another indication of just how important  c our system is it should be clear that we hadn't had not been sucked up in the vacuum created by the as he sees decision not to pursue claims in syntax brilliant bankruptcy the reverse merger ford would have gone undetect appeal is whether the demonstrated extraordinary circumstances that would trigger the commission's discretionary authority to excuse their delay the commission reasonably concluded that they failed to meet this burden because they did not show that the reason for the delay was beyond their control in particular they have not shown that it was beyond their control to learn about the commission's whistleblower program or the application deadline both of which were published on the commission's public website unless the court is  have mentioned it to people that they were closely working with but i put it but it's not something that's required under under the commission's rules i'm not asking what sure but i'm just asking whether there whether formal notice is every act formal actual notices ever given by the commission i'm not aware of any any publication setting forth that that that that notice was actually given or recording that as a matter of public record but it would not surprise me if that did take place in particular the blower matters where the stuff was working closely with someone so there's no process requirement of actual notice you rely on the clerk putative with a blowers to monitor the website and make their own determination about when they might have a claim yes that's correct your honor and as i understand mr stern he doesn't dispute the adequacy of the construct of notice through the commission's website i may may have misunderstood him but i believe he said that as a legal matter he doesn't yes he sees abuse was not notifying us of the notice even though they may not be obligated to mortify as they could have notified us but instead made a deliberate decision not to notify we seek an explanation given the information the s e c had at the time the s e c is rational to reach the conclusion that the situation not to notify us and was that decision reasonable your argument so there's always a situation where they review the merits on late filings and without a t c r there's no documentation there's no information to review  there was no t c r created for us and that's a question that i believe this court needs to understand thank you we will reserve decision and will take about a five minute recess