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MAGULA v. DEPARTMENT OF LABOR & INDUSTRIES

No. 21404-4-III.

69 P.3d 354 (2003)

116 Wash.App. 966

Pat MAGULA d/b/a Magula Construction, Appellant, v. The DEPARTMENT OF LABOR AND INDUSTRIES, OF the STATE OF WASHINGTON; The Electrical Board, for the State of Washington, Respondents.

Court of Appeals of Washington, Division 3, Panel Nine.

May 22, 2003.

Attorney(s) appearing for the Case

George Fearing, Attorney at Law, Kennewick, WA, for Appellant.

Lisa Marsh, Shelley M. Mortinson, Assistant Attorneys General, Olympia, WA, for Respondents.

Richard H. Robblee, Rinehart & Robblee, Seattle, WA, Amicus Curiae.

OPINION PUBLISHED IN PART

SWEENEY, J.

The question here is whether polyvinyl chloride (PVC) conduit—when used to carry electrical wires—is "electrical equipment" which must by statute (former RCW 19.28.120(1) (1992)1) be installed by a licensed electrical contractor. The trial judge accepted the agency's conclusion that this is electrical equipment. Giving the deference traditionally afforded the agency charged...

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