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KEMP v. WORKERS' COMP. DEPT.

No. 5-1982; CA A24274.

672 P.2d 1343 (1983)

65 Or.App. 659

Deborah KEMP, Petitioner, v. WORKERS' COMPENSATION DEPARTMENT, Roy G. Green, Director, Respondent.

Court of Appeals of Oregon.

Decided November 23, 1983.

Attorney(s) appearing for the Case

David Force, Eugene, argued the cause for petitioner. On the brief were Peter W. McSwain and Malagon & Velure, Eugene.

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

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

WARREN, Judge.

This is an original proceeding brought pursuant to ORS 183.400(1), seeking a declaration as to the validity of five rules established by the Workers' Compensation Department. Pursuant to ORS 183.400(1), this court can find a rule invalid only if it finds that it violates the constitution of the State or the United States, exceeds the statutory authority of the agency or was adopted without compliance with the Administrative Procedures Act. ORS ch 183...

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