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90 <br />1 unilaterally vacate an NOV. Z'm not saying that <br />2 the division doesn't have the authority to go <br />3 forward to attempt to solve the problems in the <br />4 NOV. All I'm saying is that once the board's <br />5 jurisdiction has been invoked, the division can't <br />6 unilaterally vacate it. <br />7 Now, let me address some of the <br />8 arguments that have been raised here today. <br />9 First of all, from some of the comments <br />10 that Mr. Morris raised -- and actually this first <br />11 one applies also to what Mr. Brown said. It's <br />12 argued that it doesn't make any sense that that <br />13 interpretation would be the correct interpretation <br />14 because that same section, Section 124, gives an <br />15 appeal right essentially to somebody when a notice <br />i6 of violation has been vacated. <br />17 In other words, the argument is why <br />18 would there be an appeal fight to a vacated NOV if <br />19 the division didn't have the authority to vacate an <br />20 NOV. I think the division has the authority to <br />21 vacate an NOV in some circumstances. In the <br />22 circumstances where the board's jurisdiction has <br />23 not been invoked by a request for a hearing on a <br />24 notice of violation. <br />25 In this instance had Basin Resources not <br />