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ADAMS v. PERB

99-0389; A111942

42 P.3d 911 (2002)

180 Or. App. 59

Bruce L. ADAMS and Daniel A. Reichman, Petitioners, v. PUBLIC EMPLOYEES RETIREMENT BOARD, Respondent.

Court of Appeals of Oregon.

Decided March 13, 2002.

Attorney(s) appearing for the Case

James M. Brown argued the cause for petitioners. On the briefs were Loren W. Collins and Enfield Brown Collins Knivila & Cook.

Brendan C. Dunn, Assistant Attorney General, argued the cause for respondent. With him 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.

Petitioners, who worked as mental health therapists at the Oregon State Hospital (OSH), seek judicial review of a final order of the Public Employees Retirement Board (Board) that concluded that petitioners were not "police officers" for purposes of Public Employee Retirement System (PERS) classifications. They raise a panoply of statutory construction, substantial evidence, and constitutional challenges. We reject those arguments—including petitioners...

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