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8. On December 21, 2000, I confirmed in a letter to Basin's counsel, Scot Anderson, <br />that the parties had agreed to an Assessment Conference for the above-referenced <br />NOV on January 9, 2000. <br />9. The purpose of Assessment Conferences, as provided in Rule 5.04 and as I <br />understand them, is to attempt to resolve an NOV through the presentation of <br />whatever information the operator wishes the Assessment Conference officer to <br />consider. <br />10. The Assessment Conference process is routinely used by DMG and coal <br />operators to address both the facts of a violation and the civil penalty associated with <br />a notice of violation. This process provides an opportunity for DMG and the recipient <br />of an NOV to resolve issues pertaining to the violation without the Boazd hearing <br />provided in Rule 5.03.5(1)(a). The Assessment Conference at times occurs after the <br />operator has requested a hearing before the Board as provided in Rule 5.03.5(1)(a), <br />and the Assessment Conference process sometimes results in a recommendation to <br />the Director, DMG to vacate the violation in question. <br />11. At Assessment Conferences, and as provided in Rule 5.04.4, operators routinely <br />ask for modifications, vacations, or terminations of NOV's and reductions in civi] <br />penalties assessed as part of the NOV process. <br />12. At the Assessment Conference held on January 9, 2001 for the above-referenced <br />NOV, Basin's counsel presented arguments and requested that DMG, among other <br />things, vacate the NOV. <br />FURTHER AFFIANT SAYETH NOT. <br />David B <br />Coal a rvisor, DMG <br />Subscribed and sworn before me this 20'h day of March, 2001 in the City and County <br />My commission expires ~ - S - o.S- <br />