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80 <br />1 after the request? <br />2 MR. BROWN: That is a gray area, I <br />3 agree, and I think everybody agrees that it's not <br />4 specifically addressed in the statute. I think a <br />5 reasonable interpretation of the regs and the act <br />6 shows that the division has the authority to vacate <br />7 up to the hearing. <br />8 Even though -- even if an operator has <br />9 requested a hearing, the division can still vacate <br />10 based on the operator's request, the citizen's <br />11 request in this case, the assessment conference, <br />12 and certainly there are provisions in the statute <br />13 and the regs that allow at certain points in time <br />14 the division to vacate. <br />15 And we think that indicates along with <br />16 that statutory section I just quoted to you, the <br />17 first statutory section which says anybody that's <br />18 adversely affected by a vacation can appeal. Well, <br />19 who's going to vacate the violation other than the <br />20 division? <br />21 It doesn't say the division cannot <br />22 vacate if a board hearing has been set. It doesn't <br />23 say that. It says any vacation can be appealed to <br />24 the board, and that's what Basin is doing here. <br />25 So we think it's inherent in that <br />