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ACCIDENT PREVENTION DIVISION v. SURCAMP

SH-88106; CA A60827.

789 P.2d 698 (1990)

101 Or.App. 204

ACCIDENT PREVENTION DIVISION, Respondent, v. Lou A. SURCAMP, Petitioner.

Court of Appeals of Oregon.

Decided April 4, 1990.

Attorney(s) appearing for the Case

George A. Morris, Springfield, argued the cause, for petitioner. With him on the brief, was Morris & O'Kief, Springfield.

Jas. Adams, Asst. Atty. Gen., Salem, argued the cause, for respondent. With him on the brief, were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen.

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

WARREN, Judge.

Defendant seeks review of an assessment of penalties of $4,700 pursuant to a citation issued by the Accident Prevention Division (Division). We hold that there is substantial evidence to support the referee's decision to assess penalties but remand to the Board to reconsider the amount of the penalties in accordance with the rules in effect at the time of the violations.

The Board found defendant in violation of OAR 437-80-035(2), OAR 437-80...

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