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THE BUILDING DEPARTMENT, LLC v. DCBS

A112196

43 P.3d 1167 (2002)

180 Or. App. 486

The BUILDING DEPARTMENT, LLC, an Oregon limited liability company, Petitioner, v. DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, Respondent.

Court of Appeals of Oregon.

Decided April 10, 2002.

Attorney(s) appearing for the Case

Jeffrey E. Potter, Eugene, argued the cause for petitioner. With him on the briefs was Gardner, Honsowetz, Potter, Budge & Ford.

Denise G. 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 HASELTON, Presiding Judge, and LINDER and WOLLHEIM, Judges.

HASELTON, P.J.

Petitioner seeks judicial review of rules promulgated by respondent Department of Consumer and Business Services in response to Senate Bill 587 (1999).1 Those rules established, inter alia, a licensing requirement for nonmunicipal providers of plan review and building inspection services. Petitioner argues that respondent, in adopting the challenged rules, exceeded its statutory authority and failed to comply with...

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