HIGHWAY PRODUCTS CO. v. OCC. SAFETY, ETC.

No. 1 CA-IC 2706.

133 Ariz. 54 (1982)

648 P.2d 1060

HIGHWAY PRODUCTS COMPANY, Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW BOARD; Jim Weeks, Jack R. Duncan, Vernon Hastings, Dr. Lynn Wilson and Hugh W. Stewart, as members of said Board; and The Division of Occupational Safety and Health of the Industrial Commission of Arizona, real party in interest, Respondents.

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

July 13, 1982.


Attorney(s) appearing for the Case

Andrews, Marenda & Moseley, P.A. by Michael D. Mercier, Phoenix, for petitioner.

James A. Overholt, Acting Chief Counsel, Indus. Com'n of Arizona by Roger Rea, Legal Counsel, Phoenix, for respondents.


OPINION

CONTRERAS, Judge.

At issue is whether the administrative law judge properly dismissed petitioner's untimely request for a hearing to contest alleged occupational safety violations, and whether the respondent Board erred in its order affirming that dismissal. We find no error and affirm the dismissal.

BACKGROUND

Between November 12 and November 18, 1980, respondent Division conducted a general schedule inspection at the business premises...

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