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ACCIDENT PREVENTION DIVISION v. HOGAN

SH 77-59; CA 10173.

586 P.2d 1132 (1978)

37 Or.App. 251

ACCIDENT PREVENTION DIVISION, Petitioner, v. Jerrie L. HOGAN and Richard Hogan, d/b/a Tompsett-Hogan Mfg. Co., and Lenard Farnsworth, Respondents.

Court of Appeals of Oregon.

Decided November 21, 1978.

Attorney(s) appearing for the Case

James A. Redden, Atty. Gen., Salem, filed the brief for petitioner. With him on the brief were Walter L. Barrie, Sol. Gen., and Jan P. Londahl, Asst. Atty. Gen., Salem.

No appearance for respondents.

Before SCHWAB, C.J., and JOHNSON, GILLETTE and ROBERTS, JJ.

GILLETTE, Judge.

The Accident Prevention Division (APD) seeks judicial review of an opinion and order of a hearings referee vacating a citation and notice of penalty under Oregon's Safe Employment Act (OSEA). The referee held that the APD inspection which led to the citation was invalid because no probable cause existed for a Jefferson County circuit court judge to issue the inspection warrant upon which the inspection was based. We reverse.

On November 29...

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