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STATE BOARD OF HEALTH v. APACHE POWDER COMPANY

No. 1 CA-CIV 2338.

21 Ariz. App. 156 (1973)

517 P.2d 114

STATE BOARD OF HEALTH, Ben T. Dibble, Chairman, A.V. Dudley, Jr., Wm. E. Naumann, C.H. Fredell and Mrs. Ormiston T. Ellis, Members, Arthur Aymar, Director of the Division of Air Pollution Control, State Department of Health, State Air Pollution Control Hearing Board, Louis R. Jurwitz, Chairman, Sidney B. Wolfe, J. August Rau, Mary Louise Baird and Bradie Hopper, Members, Appellants, v. APACHE POWDER COMPANY, a corporation, Appellee.

Court of Appeals of Arizona, Division 1, Department A.

December 28, 1973.

Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen., by Patrick W. Murphy, Asst. Atty. Gen., for appellants.

Evans, Kitchel & Jenckes, by Harold J. Bliss, Jr., Phoenix, for appellees.

OPINION

STEVENS, Judge.

This appeal presents one question for review:

When the State Board of Health gives its approval to the State Director of the Division of Air Pollution Control to assert State jurisdiction and control over a particular air pollution source pursuant to A.R.S. § 36-1706(B) as amended 1971, must it give prior notice of such contemplated action and give an opportunity to be heard pursuant to the Administrative Procedure Act...

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