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• • 54 <br />1 decision to continue this hearing or to continue it. <br />2 So it's one point I want to make. <br />3 Second point is, Mr. °vans draws <br />4 attention. to real'_y two parts of the -- one ;dart, <br />5 there's another part of the statute. 1. -- :3ule 1.12 <br />6 that he addresses about continuance, only an operator <br />7 can request continuance is clear. It's to bin in <br />e writing. That's with respect to this 120-da5~ rule. <br />9 The other thing that we're ta:.king <br />to about is in a different rule. It's in a different <br />11 part of the statute that has to do with the E~oard's <br />12 ability to extend an hearing beyond the 120 days if <br />13 there are serious and unforeseen circumstances or <br />14 snow makes it impossible for the division to conduct <br />15 an inspection. The argument that he's putting forth <br />16 is that serious and unforeseen. circ•~msta_^.c es zpplies <br />17 only to being able to conduct an inspection. <br />18 The only Ming I would put for~,vard -- <br />19 I am not a attorney, but having had experienc= in <br />20 this area, if yon say that circumstances, ur.foresee^ <br />21 circumstances moZifies that clause of -- wit!: regard <br />22 to the ability to do inspections, that makes 1:he idea <br />23 of snow cover redundant. It doesn't -- it's not a <br />24 necessary thing to say. What the statute would have <br />25 said is that serious and unforeseen circumstances <br />MIDY~TT R°DORTING SERVICE <br />(30°) 424-2217 <br />