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DEQ v. HAYWORTH FARMS, INC.

50-AQ-FB-82-09; CA A38688.

728 P.2d 905 (1986)

DEPARTMENT OF ENVIRONMENTAL QUALITY OF THE STATE OF OREGON, Respondent, v. HAYWORTH FARMS, INC., an Oregon Corporation, and John W. Hayworth, Petitioners.

Court of Appeals of Oregon.

Decided November 19, 1986.

Attorney(s) appearing for the Case

J.W. Walton, Corvallis, argued the cause for petitioners. With him on the brief was Walton & Collins, P.C., Corvallis.

Michael T. Weirich, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., James E. Mountain, Jr., Sol. Gen., and Richard D. Wasserman, Asst. Atty. Gen., Salem.

Before RICHARDSON, P.J., and ROSSMAN and NEWMAN, JJ.

ROSSMAN, Judge.

Petitioner1 seeks review of an order by the Environmental Quality Commission (EQC) imposing a $1,000 civil penalty for violation of field burning rules. Although petitioner does not challenge the findings that he was engaged in open field burning after the fires-out time set by EQC, he contends that EQC erroneously interpreted its rule when it applied it to him. We affirm.

Petitioner is a grass seed grower who farms...

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