Laserfiche WebLink
69 <br />1 Division of Minerals and Geology. <br />2 So we think this statutory provision <br />3 contemplates clearly the right of DMG to vacate a <br />4 notice of violation at any time prior to a hearing <br />5 before the board. <br />6 The regulations also state that -- they <br />7 basically parrot this language, and I'll go into <br />8 the adversely affected portion later, but there is <br />9 a section in the statute and a section in the <br />10 regulations regarding assessment conferences, and <br />11 assessment conferences are a procedure in which the <br />12 division and coal operators employ on a number of <br />13 occasions to try to resolve an NOV prior to the <br />14 board hearing. <br />15 This is what happened in this case. The <br />16 sequence is important because when Basin was issued <br />17 the NOV, it then within 13 days requested a board <br />18 hearing. After that time.-- a couple of months <br />19 after that time Basin agreed to come to an <br />20 assessment conference to try to resolve these <br />21 issues, and at that conference Basin's attorney <br />22 asked the division to vacate the NOV. Clearly he <br />23 believed that DMG had the authority to do that at <br />24 that time even though a hearing had been set -- or <br />25 had been asked for already. <br />