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EMPLOYMENT DIVISION v. JANITORIAL ENTERPRISES

No. 77-T-71; CA 10921.

592 P.2d 1068 (1979)

39 Or.App. 539

EMPLOYMENT DIVISION, Raymond P. Thorne, Assistant Director, Petitioner, v. JANITORIAL ENTERPRISES, INC. OF OREGON, Respondent.

Court of Appeals of Oregon.

Decided April 2, 1979.

Attorney(s) appearing for the Case

W. Benny Won, Asst. Atty. Gen., Salem, argued the cause for petitioner. With him on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Timothy N. Brittle, Portland, argued the cause for respondent. With him on the brief was Acker, Underwood, Beers, Smith & Warren, Portland.

Before SCHWAB, C.J., and BUTTLER and JOSEPH, JJ.

JOSEPH, Judge.

The Employment Division issued a Notice of Deficiency Assessment and Tax Assessment to Janitorial Enterprises, Inc. (JE) with respect to some 189 persons alleged to be employees within the meaning of the Employment Division Law, ORS chapter 657. JE requested a hearing, claiming that the purported employees' services were excluded from coverage under ORS 657.040.1

A hearing...

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