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L & I v. NATIONAL SEC. CONSULTANTS, INC.

No. 26555-9-II.

47 P.3d 960 (2002)

122 Wn. App. 34

DEPARTMENT OF LABOR & INDUSTRIES, Appellant, v. NATIONAL SECURITY CONSULTANTS, INC., Respondent.

Court of Appeals of Washington, Division 2.

June 7, 2002.

Attorney(s) appearing for the Case

David Alan Fantauzzi, Youngstown, for Respondent.

Bourtai Hargrove, Asst. Atty. Gen., Olympia, for Appellant.

Patrick Madden, Cabrelle Abel, Seattle, for amicus curiae Ass'n of Wash. Business.

QUINN-BRINTNALL, A.C.J.

The Department of Labor and Industries (L & I) appeals a Pierce County Superior Court decision holding that RCW 51.36.030 exempts employers of fewer than 50 employees from compliance with L & I first aid training rules in former WAC 296-24-060(2).1

L & I appeals to this court, arguing that RCW 51.36.030 is preempted by federal law and repealed by state law. We hold that L & I waived these...

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