Laserfiche WebLink
13 <br />1 believe that, and we believe that Basin has no <br />2 standing to contest that vacation. <br />3 So to the extent that Basin is arguing <br />4 that the hearing should go forward tomorrow and to <br />5 the extent the board may agree that Basin has <br />6 raised a legitimate issue regarding the vacation <br />7 and agrees with Basin on all its arguments, then we <br />8 think that should be rescheduled, and we can call <br />9 it a reinstatement of an NOV, you can call it a new <br />10 NOV. <br />11 I don't think the division would have to <br />12 issue another notice of violation if the board <br />13 deems it has jurisdiction and Basin has standing to <br />14 raise this, but in any event, if the board agrees <br />15 with Basin's arguments, we believe that it should <br />16 be rescheduled for a later proceeding under notice <br />17 provisions of the APA and the Colorado regs. <br />18 MR. PAULIN: Mr. Chairman? <br />19 MR. JANOSEC: Yes. <br />20 MR. PAULIN: I have a question for Mr. <br />21 Morris. In Mr. Morris's -- entitled Tatums' <br />22 Memorandum on the Board's Lack of Jurisdiction on <br />23 page 2 Mr. Morris says, "Both the statute and <br />24 regulations confirm DMG's authority to vacate <br />25 enforcement action by providing this board with the <br />