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ACCIDENT PREV. DIV. v. HOFFMAN CONST.

No. SH-81-420; A26322.

667 P.2d 543 (1983)

64 Or.App. 73

ACCIDENT PREVENTION DIVISION, Petitioner, v. HOFFMAN CONSTRUCTION COMPANY, Respondent.

Court of Appeals of Oregon.

Decided August 3, 1983.

Attorney(s) appearing for the Case

William F. Nessly, Jr., Asst. Atty. Gen., Salem, argued the cause for petitioner. With him on the brief were Dave Frohnmayer, Atty. Gen., Stanton F. Long, Deputy Atty. Gen., and William F. Gary, Sol. Gen., Salem.

Calvin L. Keith, Portland, argued the cause for respondent. With him on the brief were Jim D. Korshoj, and Bullard, Korshoj, Smith & Jernstedt, P.C., Portland.

Before RICHARDSON, P.J., JOSEPH, C.J., and NEWMAN, J.

JOSEPH, Chief Judge.

The issue in this case is whether an employer can be cited for a "repeat violation" of an occupational safety standard promulgated by the Workers' Compensation Department under the Oregon Safe Employment Act, ORS 654.001 to 654.295, while the citation for the prior violation is being contested by the employer and had not yet been upheld by a final order. The referee held that the citation was improper. The Accident Prevention Division (APD) appeals...

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