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OREGON HEALTH CARE ASS'N v. HEALTH DIV.

(CN 623; CA A90734; SC S44474)

992 P.2d 434 (1999)

329 Or. 480

OREGON HEALTH CARE ASSOCIATION, Care Center East Health & Specialty Care, Fernhill Manor, Rest Harbor Extended Care Center, Inc., Portland Adventist Convalescent Center, Glisan Care Center, King City Rehabilitation and Living Center, Town Center Village Rehab, Friendship Health Center, Crestview Convalescent Center, Del's Care Center, Laurelhurst Care Center, and Mountain View Rehabilitation and Living Center, Respondents on Review, v. HEALTH DIVISION, Petitioner on Review, and Jill D. Laney, Hearing Officer, Providence Medical Center and Oregon Association of Hospitals & Health Systems, Respondents.

Supreme Court of Oregon.

Decided December 3, 1999.

Attorney(s) appearing for the Case

On review from the Court of Appeals.*

Philip Schradle, Assistant Attorney General, Salem, argued the cause for petitioner on review. With him on the briefs were Hardy Myers, Attorney General, Virginia L. Lindner and Michael D. Reynolds, Solicitors General, and Robert B. Rocklin, Assistant Attorney General.

Thomas William Sondag, Lane Powell Spears Lubersky, LLP, Portland, argued the cause for respondents on review. With him on the briefs were Gary P. Harrell and Robert C. Dougherty, Harrell & Nester, LLP, Portland.

Before CARSON, Chief Justice, VAN HOOMISSEN and DURHAM, Justices, and WOLLHEIM, Justice Pro Tempore.

DURHAM, J.

The Health Division seeks judicial review of a Court of Appeals determination that ORS 183.482(1), which concerns judicial review of a contested case, authorizes that court to review certain nonfinal orders issued during a contested case. Oregon Health Care Assn. v. Health Div., 148 Or.App. 568, 941 P.2d 593 (1997). We conclude that neither

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