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STAMP v. DCBS

(INS 95-06-013; CA A102274)

9 P.3d 729 (2000)

169 Or. App. 354

Roy L. STAMP, dba Blue Mountain Pools, Petitioner, v. DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, Respondent.

Court of Appeals of Oregon, En Banc.

Resubmitted June 7, 2000.

Decided August 23, 2000.

Attorney(s) appearing for the Case

Gary G. Linkous, Welches, argued the cause and filed the brief for petitioner.

Denise Fjordbeck, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before DEITS, Chief Judge, EDMONDS, De MUNIZ, LANDAU, HASELTON, ARMSTRONG, LINDER, WOLLHEIM, and BREWER, Judges.

Resubmitted En Banc June 7, 2000.

WOLLHEIM, J.

Petitioner seeks judicial review of a final order of the Department of Consumer and Business Services (DCBS) upholding a workers' compensation premium audit billing for the period October 1, 1993 through September 30, 1994. At issue is whether petitioner's brother, an independent contractor registered with the Construction Contractor's Board (CCB), was an employee of petitioner. If petitioner's brother was an...

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