OREGON OCCUPATIONAL SAFETY & HEALTH v. OSTLIE

SH-92165; CA A84285.

902 P.2d 580 (1995)

136 Or. App. 284

OREGON OCCUPATIONAL SAFETY & HEALTH DIVISION, Petitioner, v. Daren Richard OSTLIE, Respondent.

Court of Appeals of Oregon.

Decided September 6, 1995.


Attorney(s) appearing for the Case

Richard D. Wasserman, Assistant Attorney General, argued the cause for petitioner. With him on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

Elliott Cummins, McMinnville, argued the cause for respondent. On the brief were George W. Goodman and Cummins, Brown, Goodman, Fish & Peterson, P.C.

Before RIGGS, P.J., RICHARDSON, C.J., and LEESON, J.


RIGGS, Presiding Judge.

The Oregon Occupational Safety and Health Division (OR-OSHA) seeks review of an order of a referee of the Workers' Compensation Board in this proceeding under the Oregon Safe Employment Act, ORS 654.001 et seq. The referee dismissed all seven citations against employer for the reason that OR-OSHA's Safety Compliance Officer (SCO) violated statutory and administrative procedural requirements...

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