OREGON OCCUPATIONAL SAFETY v. MAD CREEK

SH-92021; CA A76218.

861 P.2d 365 (1993)

123 Or. App. 453

OREGON OCCUPATIONAL SAFETY and HEALTH DIVISION, Petitioner, v. MAD CREEK LOGGING, Respondent.

Court of Appeals of Oregon.

Decided October 6, 1993.


Attorney(s) appearing for the Case

Jas. Adams, Asst. Atty. Gen., Salem, argued the cause for petitioner. With him on the brief were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

George Goodman, McMinnville, argued the cause for respondent. With him on the brief were Jerry K. Brown and Cummins, Brown, Goodman, Fish & Peterson, P.C., McMinnville.

Before ROSSMAN, P.J., and DE MUNIZ and LEESON, JJ.


ROSSMAN, Presiding Judge.

The Oregon Occupational Safety and Health Division (OR-OSHA), seeks review of an order of a Workers' Compensation Board referee setting aside OR-OSHA's assessment of a penalty for conduct that allegedly violated two of OR-OSHA's administrative rules, OAR 437-80-220(22) and OAR 437-80-105. The penalty is reviewable by the referee pursuant to ORS 654.078. The Workers' Compensation Board's referee's order is considered to be the final order...

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