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BD. FOR ASBESTOS AND LEAD v. ABATECO SERV.

Record Nos. 1719-99-2, 1780-99-2.

534 S.E.2d 352 (2000)

33 Va. App. 473

DEPARTMENT OF PROFESSIONAL AND OCCUPATIONAL REGULATION, BOARD FOR ASBESTOS AND LEAD v. ABATECO SERVICES, INC. Abateco Services, Inc. v. Department of Professional and Occupational Regulation, Board for Asbestos and Lead.

Court of Appeals of Virginia, Richmond.

September 26, 2000.

Attorney(s) appearing for the Case

Brian J. Goodman, Assistant Attorney General (Mark L. Earley, Attorney General; Richard B. Zorn, Senior Assistant Attorney General; John B. Purcell, Jr., Assistant Attorney General, on briefs), for Department of Professional and Occupational Regulation, Board for Asbestos and Lead.

Joseph W. Kaestner (Brian R. Pitney; Kaestner, Pitney & Jones, on briefs), Richmond, for Abateco Services, Inc.

Present: BENTON, COLEMAN and HUMPHREYS, JJ.

HUMPHREYS, Judge.

The Board for Asbestos and Lead of the Department of Professional and Occupational Regulation (the "Board") appeals from a decision of the Circuit Court of the City of Hopewell reversing the Board's decision to impose a fine on Abateco Services, Inc. ("Abateco") for refusing to provide the Department of Labor and Industry (the "Department") access to its records. The Board contends the trial court erred in finding that: (1) Abateco did not violate...

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