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ETU, INC. v. ENVIRONMENTAL QUALITY COM'N

LQ/T-NWR-02-096; A121106.

134 P.3d 1019 (2006)

205 Or. App. 282

ETU, INC., an Oregon corporation, and ED Niemi Oil Company, Inc., an Oregon corporation, Petitioners, v. ENVIRONMENTAL QUALITY COMMISSION, Respondent.

Court of Appeals of Oregon.

Decided April 26, 2006.

Attorney(s) appearing for the Case

Allan B. Bakalian argued the cause for petitioners. With him on the briefs was Marten Law Group PLLC.

Jas. Jeffrey Adams, Senior Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before LINDER, Presiding Judge, and HASELTON and ORTEGA, Judges.

ORTEGA, J.

Respondents ETU, Inc. (ETU), and Ed Niemi Oil Company, Inc. (Niemi),1 seek judicial review of final orders issued by the Department of Environmental Quality (DEQ).2 Respondents contend that DEQ erred by serving them, but not their attorney, with a notice of violation and subsequent default final orders and then by denying respondents' late request for hearing...

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