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68 <br />1 here <br />2 Let me just jump right into the <br />3 authority of the division to vacate. I think it is <br />4 not clear from the statute as to when DMG can or <br />5 cannot vacate. There's no specific provision in <br />6 the statute or regs that says DMG can vacate after <br />7 a hearing has been set by the board, but I think if <br />8 you look at the terms of the statute and the <br />9 regulations, and we cite to those and explain those <br />10 in our brief, it is clear that DMG has that <br />11 authority. <br />12 Section 34-33-124 of the statute, <br />13 section -- paragraph 1(a) states, "An operator <br />14 issued a notice of violation" -- I'm going to not <br />15 quote the whole thing to you, only the relevant <br />16 portions -- "or any person having an interest which <br />17 is or may be adversely affected by such a notice or <br />18 order" -- and again, this,is a notice or order that <br />19 is issued by the division initially -- "or by any <br />20 modification, vacation, or termination of the order <br />21 can request review to the board." <br />22 It's obvious that if somebody can <br />23 request -- can appeal a vacation of an order -- of <br />24 a notice of violation, the only entity -- the only <br />25 agency authorized to issue that vacation is the <br />