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V-1 OIL v. DEPT. OF ENVIRONMENTAL QUALITY

No. 950123-CA.

893 P.2d 1093 (1995)

V-1 OIL COMPANY, aka V-1 Propane, Petitioner, v. DEPARTMENT OF ENVIRONMENTAL QUALITY, DIVISION OF SOLID AND HAZARDOUS WASTE, Diane R. Nielsen, in her capacity as executive director, Dennis R. Downs, in his capacity as director, Utah Solid and Hazardous Waste Control Board, Kent P. Gray, in his capacity as Executive Secretary (UST), and David O. McKnight, in his capacity as hearing officer, Respondents.

Court of Appeals of Utah.

April 6, 1995.

Attorney(s) appearing for the Case

Peter Stirba, Benson L. Hathaway, Jr. (Argued), Stirba & Hathaway, Salt Lake City, for petitioner.

Melissa M. Hubbell (Argued), Asst. Atty. Gen., Jan Graham, State Atty. Gen., Dept. of Environmental Quality, Div. of Environmental Response and Remediation, Salt Lake City, for respondents.

Before WILKINS, GREENWOOD, and ORME, JJ.

OPINION

PER CURIAM:

V-1 Oil Company ("Petitioner") petitions this court pursuant to Utah Rule of Appellate Procedure 19 to compel the recusal of a presiding officer in formal adjudicative proceedings before the Division of Environmental Response and Remediation (DERR) within the Department of Environmental Quality because the presiding officer also serves as staff attorney for DERR.

FACTS

DERR issued a notice of violation and order to comply...

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