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FAJER v. DEPARTMENT OF HUMAN RESOURCES

No. 901; CA 18122.

625 P.2d 140 (1981)

51 Or.App. 105

Michael J. FAJER, Petitioner, v. DEPARTMENT OF HUMAN RESOURCES, and Personnel Division, Respondents.

Court of Appeals of Oregon.

Decided March 9, 1981.

Reconsideration Denied June 4, 1981.

Attorney(s) appearing for the Case

Cecil H. Quesseth, Salem, argued the cause for petitioner. With him on the brief was Quesseth & Donaldson, Salem.

Al J. Laue, Asst. Atty. Gen., Salem, argued the cause for respondents. With him on the brief were James M. Brown, Atty. Gen., John R. McCulloch, Jr., Sol. Gen., and William F. Gary, Deputy Sol. Gen., Salem.

Before RICHARDSON, P.J., and THORNTON and BUTTLER, JJ.

RICHARDSON, Presiding Judge.

Petitioner appeals from an order of the Employment Relations Board (Board) upholding action taken by respondents pursuant to ORS 240.572 and Personnel Rule 54-100 (PR 54-100), promulgated by respondent Personnel Division (Division). Petitioner raises three assignments of error: (1) that the portion of ORS 240.572 which authorized rule adoption by the Division violates Article III, § 1, of the Oregon Constitution because it constitutes...

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