Laserfiche WebLink
41 <br />1 we don't drop the violation. Couple of <br />2 differences. First and foremost is that in the <br />3 minerals program the division does not write <br />4 violations. We write a reason to believe a <br />5 violation exists. <br />6 In the coal program we have the <br />7 exclusive authority to actually write the <br />8 violation, do an assessment conference, adjudicate <br />9 the entire thing all the way through the civil <br />10 penalty process. <br />11 The board's function is to act as the <br />12 appellate body if someone disagrees with our <br />13 ultimate determination on that. So that's one <br />14 thing to keep in mind is the division does have the <br />15 authority to go through that entire process. The <br />16 board does not find a violation in the coal program <br />17 like they do in the minerals program. <br />18 Second issue is if we were to write a <br />19 violation and the violation would have been, say, <br />20 for damage to a state resource or, you know, <br />21 off-site damage, stream's drying up or whatever <br />22 because of subsidence, whether or not the citizen <br />23 wanted to withdraw their violation would really <br />24 have no bearing as to whether or not we vacated <br />25 that violation because we are charged with <br />