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L. <br />3 <br />1 MR. MORRIS: May I raise a preliminary <br />2 point here? This is Walt Morris. May I raise a <br />3 preliminary point? <br />4 MR. JANOSEC: Go ahead. <br />5 MR. MORRIS: I filed on behalf of my <br />6 clients a motion to intervene in this proceeding <br />7 contemplating that the proceeding that we're <br />8 involved in today is a separate proceeding from the <br />9 one that had been previously scheduled on the <br />10 challenge to the vacated notice of violation. <br />11 It is important to me and to my client <br />12 that we verify at the very beginning whether or not <br />13 this is a separate proceeding because if it is not, <br />14 my clients do not wish to participate. <br />15 MR. LONG: If I understand your question <br />16 correctly, what you're asking is does this <br />17 particular hearing go only to the issue of whether <br />18 or not the division had the authority to vacate the <br />19 violation and not the merits of the original <br />20 violation; is that correct? <br />21 MR. MORRIS: No. <br />22 MR. LONG: Okay. <br />23 MR. MORRIS: What I am suggesting is <br />24 that the board's exclusive authority at this point <br />25 is to treat Basin's motion as a separate action <br />