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IND. CONTRACTORS v. CONSTR. CONTRACTORS BD.

CA A82576.

899 P.2d 1216 (1995)

135 Or. App. 556

INDEPENDENT CONTRACTORS OF OREGON, Petitioner, v. CONSTRUCTION CONTRACTORS BOARD, Respondent.

Court of Appeals of Oregon.

Decided July 26, 1995.

Attorney(s) appearing for the Case

Brian L. Pocock, Eugene, argued the cause and filed the brief for petitioner.

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

Before WARREN, P.J., and EDMONDS and ARMSTRONG, JJ.

WARREN, Presiding Judge.

Petitioner Independent Contractors of Oregon challenges the validity of OAR 812-03-002(1), a rule of the Construction Contractors Board (CCB). ORS 183.400. It raises numerous challenges to the process by which the rule was adopted, as well as challenging the validity of the rule as being beyond the agency's statutory authority. We address only the argument that the rule violates ORS 701.035 and hold that the rule is invalid.

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