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4 <br />1 challenging DMG's vacation of the notice of <br />2 violation. <br />3 The question of whether DMG has the <br />4 authority might come up in that proceeding, but I <br />5 think it is important -- know it is important to my <br />6 clients to distinguish this proceeding from the <br />7 proceeding that Basin previously had on the board's <br />8 docket today. <br />9 MR. LONG: Which was the merits of the <br />10 initial violation. <br />11 MR. MORRIS: Okay. <br />12 MR. LONG: Yes. Then today this <br />13 particular hearing right now goes only to the <br />14 motion for vacation of the violation, not whether <br />15 or not -- or the merits of the initial violation. <br />16 Depending on what the board rules today, there may <br />17 or may not be a hearing on the merits of the <br />18 initial -- or the original violation. <br />19 MR. MORRIS: I understand that. In that <br />20 regard then I reiterate we have filed a motion to <br />21 intervene in this new and limited proceeding. I <br />22 think it would be appropriate for the board to make <br />23 a ruling on that motion before we go any further. <br />24 MR. ANDERSON: If I could address that <br />25 issue. I think that there is -- <br />