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53 <br />1 continuance, modification, vacation, or termination <br />2 of notices or orders. That's the authority we're <br />3 asking you to act under. <br />4 In a court proceeding if someone files a <br />5 motion to dismiss and the other side contests it, <br />6 it doesn't start the clock over. It's not a new <br />7 matter. It's part of the ultimate resolution of <br />8 that notice of violation, and we're asking the <br />9 board to act under that general authority. <br />10 I also -- there's an interesting <br />11 question about whether the division has authority <br />12 to vacate notices of violation once a party has <br />13 filed a request to have it reviewed. There is some <br />14 language in the state APA that supports that view <br />15 basically saying that the agency conducting a <br />16 hearing or hearing officer is the one that decides <br />17 motions to dismiss. <br />18 When the division is acting in the role <br />19 of a hearing officer after an assessment conference <br />20 or in the context of an informal hearing cessation <br />21 order, they have the power to vacate NOVs. I don't <br />22 think anybody would contest that. <br />23 (At this time Ms. Kraeger-Rovey entered <br />24 the hearing room.) <br />25 They clearly would have the power to <br />