Laserfiche WebLink
100 <br />1 wouldn't -- they, the division, wouldn't have the <br />2 authority to vacate the notice of violation after <br />3 the assessment conference if the parties agree that <br />4 the violation should be vacated. <br />5 However, again, I go back to this <br />6 point: Once the board's jurisdiction has been <br />7 invoked by a request for a hearing, even if it's <br />8 prior to the assessment conference, it in no way <br />9 invalidates the need for an assessment conference <br />10 or the value of an assessment conference. <br />11 It's like a settlement conference. The <br />12 parties to the issue get a chance to sit down and <br />13 decide if there's a reason to go forward. If those <br />14 parties decide that there is no reason to go <br />15 forward and there has been no request for a hearing <br />16 yet, the authority to vacate the NOV lies with the <br />17 division. <br />18 But prior to that, if a request for a <br />19 hearing has been issued, then it's a settlement <br />20 conference in contemplation of an action before the <br />21 board. If the parties agree that they shouldn't go <br />22 forward with the violation or the civil penalty, <br />23 it's simply a matter of moving the board to dismiss <br />24 the action because there's an agreement that <br />25 there's no reason to go forward. <br />