Art. 408.3(3) Same Vertical Section

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steveve1

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Tucson, AZ
We've installed a 400a feeder thru the right hand section to it's switch in the left section of a 1000a 2-section board. The right hand section contains no busbars and serves as an MCC with all line side connections to starters made by cabling from switches in the left section. All grounding is accomplished at the ground buss in the left section. We are being cited with violating 408.3(3). As no busbars are in the right section, wouldn't the exception to 408.3(3) apply by default?
Greetings to all of those I've met here in the past.
 
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