Laserfiche WebLink
ea~ie~2eei ii <br />1,2 <br />~..~ ~ae2a~ee6 <br />MOFFAT CTY SCHLS FCU <br />PAGE 02 <br />6. On March 13, 2001, Basin Resources filed the Motion of Basin Resources, Inc. to Hove <br />Notice of Violation Adjudicated or, Alternatively, Vacated with Prejudice. The Division <br />and the Tatums filed subsequently filed responses to Basin's motion. <br />7. At the Board's regularly scheduled meeting date on March 21, 2001, the Board held a <br />hearing on the overall objection to the vacation of the NOV and the withdrawal of the <br />hearing oa the NOV. The Board's attorney raised a threshold question as to whether the <br />Division, in a situation in which a hearing has been requested on an NOV, has the <br />authority to unilaterally vacate an NOV without going to the Board for approval. <br />8. The Board concludes that once a hearing has been requested on an NOV, the jurisdiction <br />of the Board has been invoked. <br />9. The Board concludes that in the current matter, the Division did not have the authority to <br />vacate the NOV without prejudice. <br />10. The Board concludes that a hearing should be held on the NOV, but that due to matters of <br />notice and prejudice, the hearing should be continued to April 25, 2001. <br />ORDER <br />WEIEREFORE, based on the above Findings of Fact and Conclusions of Law, the Board <br />orders that Notice of Violation No. CV-2000-009 be reinstated and that a hearing will beheld on <br />Apri125, 2001. <br />Effective this day of April/_D2001 <br />FOR THE MINED LAND RECLAMATION BOARD <br />B• <br />e Janos F hauman <br />