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70 <br />1 The division has always believed it has <br />2 the authority to vacate at these assessment <br />3 conferences, and the rules in the assessment <br />4 conference -- that set up the assessment conference <br />5 procedures contemplate that kind of thing. The <br />6 division can reduce personalties and do whatever is <br />7 necessary to reach a resolution if possible. <br />8 Now, in this case we weren't able to <br />9 reach a resolution. Basin asked us to vacate and <br />10 basically with prejudice based on a legal <br />11 interpretation out of a court decision. The <br />12 conference officer decided not to recommend that, <br />13 and so the notice of violation wasn't vacated at <br />14 that time. <br />15 But I think if you look at the statutory <br />16 language I just quoted to you and the regulations <br />17 as we've described in our brief it's clear to us <br />18 that the division can vacate a notice of violation <br />19 at any time prior to a board hearing. It can be at <br />20 the operator's request, at a citizen's request, for <br />21 any reason that the DMG believes it should not go <br />22 forward with this. <br />23 In the particular instance DMG had -- <br />24 was prepared to go forward with the NOV, and this, <br />25 again, is an unusual situation because what we have <br />