VIAL v. CALIFORNIA OCCUPATIONAL SAF. & HEALTH APP.

Docket No. 16367.

75 Cal.App.3d 997 (1977)

142 Cal. Rptr. 549

DONALD VIAL, as Director, etc., et al., Plaintiffs and Appellants, v. CALIFORNIA OCCUPATIONAL SAFETY AND HEALTH APPEALS BOARD, Defendant and Respondent; PACIFIC LUMBER COMPANY, Real Party in Interest and Respondent.

Court of Appeals of California, Third District.

December 16, 1977.


Attorney(s) appearing for the Case

COUNSEL

Evelle J. Younger, Attorney General, and Carol Hunter, Deputy Attorney General, for Plaintiffs and Appellants.

Robert D. Peterson for Defendant and Respondent.

Lloyd A. Carlson for Real Party in Interest and Respondent.


OPINION

PARAS, J.

The Director of the California Department of Industrial Relations (hereinafter Director) and the Division of Industrial Safety (hereinafter Division) appeal from an order of the superior court denying their petition for writ of mandate. The question is whether a citation issued by the Division more than two months after one of its representatives inspected the site of a fatal, work-related accident, was

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