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ASSN. OF OR. LOGGERS v. DEPT. OF INS.

CA A78305.

883 P.2d 859 (1994)

130 Or. App. 594

ASSOCIATION OF OREGON LOGGERS, INC., an Oregon corporation; D.R. Johnson Lumber Co., an Oregon corporation, Malheur Timber Operators, Inc., an Oregon corporation, XL Timber, Inc., an Oregon corporation and Zimbrick Logging, Inc., an Oregon corporation, Petitioners, v. DEPARTMENT OF INSURANCE AND FINANCE, Gary Weeks, Director, and Oregon Occupational Safety & Health Division, (OR-OSHA), Respondents.

Court of Appeals of Oregon.

Decided October 19, 1994.

Review Denied December 27, 1994.

Attorney(s) appearing for the Case

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

John T. Bagg, Asst. Atty. Gen., argued the cause for respondents. With him on the brief were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen.

Adam T. Stamper and Cowling & Heysell, Medford, filed a brief amicus curiae for the Chamber of Medford/Jackson County.

Before DEITS, P.J., and RIGGS and HASELTON, JJ.

DEITS, Presiding Judge.

In this proceeding under ORS 183.400, petitioners challenge the validity of certain rules of the respondent Oregon Occupational Safety and Health Division (OR-OSHA) of the Department of Insurance and Finance.1 The rules were promulgated in 1992 to implement OR-OSHA's authority under ORS chapter 654 to regulate health and safety in places of employment.

In their first two assignments, petitioners contend...

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