RIOS v. WASH. DEPT. OF LABOR AND INDUSTRIES

No. 70294-2.

39 P.3d 961 (2002)

Juan RIOS and Juan Farias, individually and on behalf of all others similarly situated, Respondents, v. WASHINGTON DEPARTMENT OF LABOR AND INDUSTRIES and Gary Moore, in his official capacity of Director of the Washington Department of Labor and Industries, Petitioners.

Supreme Court of Washington, En Banc.

February 7, 2002.


Attorney(s) appearing for the Case

Robert. Gibbs, Seattle, Chadbourne & Parke, David M. Raim, Tracey Laws, M. Katherine Montgomery, Washington, DC, amicus curiae.

Christine Gegoire, Atty. Gen., Elliott S. Furst, Asst., Olympia, for Petitioners.

Todd Dale True, Daniel Ford, John Matthew Geyman, Sean M. Phelan, Seattle, for Respondents.


OWENS, J.

At issue in this case is whether the Court of Appeals properly concluded that the Washington Department of Labor and Industries (the Department) had violated a statutory duty to promulgate a rule requiring mandatory blood testing for agricultural pesticide handlers. Although the Court of Appeals acknowledged that differing standards of review applied to the Department's rulemaking in 1993 and its denial of rulemaking...

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