Laserfiche WebLink
107 <br />1 someone adversely affected by the vacation of the <br />2 NOV has the standing to come before the board, and <br />3 I think that phrase is important and that basically <br />4 would have to show that they're adversely affected <br />5 in this case. As I've said before and I won't <br />6 repeat, I don't think they have that standing. I <br />7 don't think they have been adversely affected. <br />8 Mr. Held also stated that we would -- if <br />9 an assessment conference occurs after a notice of <br />10 hearing to the board, then -- and there's an <br />11 agreement to vacate, then all the division would <br />12 have to do and/or the operator would have a motion <br />13 to dismiss before the board. <br />14 I don't see any provision for that in <br />15 the statute or the regulations. There's a specific <br />16 provision for vacation. I don't see this kind of <br />17 language, so I don't think -- I would disagree with <br />18 that interpretation that We would have to move to <br />19 dismiss an NOV after we've reached a resolution at <br />20 an assessment conference. <br />21 And as a matter of fact, the division <br />22 hasn't done this for 20 years. If they reach an <br />23 agreement, if a hearing has already been scheduled, <br />24 they simply withdraw it, and Mr. Berry's affidavit, <br />25 if you read it, it indicates that's happ ened in the <br />