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V-1 OIL CO. v. DEPT. OF ENVIRON. QUALITY

No. 950244.

939 P.2d 1192 (1997)

V-1 OIL COMPANY, aka V-1 Propane, Respondent, 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, Petitioners.

Supreme Court of Utah.

May 20, 1997.

Attorney(s) appearing for the Case

Peter Stirba, Benson L. Hathaway, Salt Lake City, for respondent.

Jan Graham, Atty. Gen., Carol Clawson, Solicitor Gen., Laura J. Lockhart, Asst. Atty. Gen., Salt Lake City, for petitioners.

ON CERTIORARI TO THE UTAH COURT OF APPEALS

STEWART, Associate Chief Justice:

The issue before us is whether an administrative agency, in this case the Solid and Hazardous Waste Control Board (the "Board"), can appoint an agency employee to preside at a formal hearing to decide whether a party before that agency, in this case V-1 Oil Company, failed to remediate leakage from one of its underground storage tanks. The officer appointed by the Board to conduct...

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