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91 <br />1 requested a hearing on the NOV on November 13th but <br />2 had proceeded forward to an assessment conference, <br />3 a civil penalty notice, and had come to the <br />4 conclusion -- or there was a conclusion reached <br />5 upon request of the Tatums to vacate the NOV <br />6 without prejudice and the division did so, I would <br />7 not argue against the division's authority to do <br />8 that. <br />9 They can vacate the NOV prior to the <br />10 point at which there has been a hearing requested. <br />11 At that point Basin Resources, if they did not like <br />12 the way that NOV was vacated, which obviously they <br />13 do not in this case, could have invoked the <br />14 jurisdiction of the board under Section 124 and <br />15 requested a hearing on vacation of the NOV. An <br />16 appeal of an authorized division decision to vacate <br />17 the NOV. <br />18 That's not what happened in this case. <br />19 In this case the request for the NOV was given <br />20 November 13th, long before the assessment <br />21 conference and long before the point at which the <br />22 division determined that it wanted to vacate the <br />23 NOV. Okay. So that's my argument against that. <br />24 It's not that division never has the <br />25 authority. It's that once the board's jurisdiction <br />