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TEICHERT CONST. v. CAL. OCCUPATIONAL SAFETY

No. C050709.

44 Cal.Rptr.3d 833 (2006)

140 Cal.App.4th 883

TEICHERT CONSTRUCTION, Plaintiff and Appellant, v. CALIFORNIA OCCUPATIONAL SAFETY AND HEALTH APPEALS BOARD, Defendant and Respondent; Department of Industrial Relations, Division of Occupational Safety and Health, Real Party in Interest and Respondent.

Court of Appeals of California, Third District.

June 22, 2006.

Attorney(s) appearing for the Case

Robert D. Peterson, Ventura, for Plaintiff and Appellant.

Douglas G. Nareau, Sacramento, and James A. Madden, for Respondent California Occupational Safety and Health Appeals Board.

Michael D. Mason, San Francisco, and Mary A. Allen, for Real Party in Interest and Respondent Department of Industrial Relations, Division of Occupational Safety and Health.

SCOTLAND, P.J.

Teichert Construction (Teichert) sought to overturn a decision of the California Occupational Safety and Health Appeals Board (the Board) which upheld a citation issued by the California Department of Industrial Relations, Division of Occupational Safety and Health (the Division) for violation of a safety order, and assessed Teichert a civil penalty of $5,000. In Teichert's view, the safety order is unconstitutionally...

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