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ROSEBURG FOREST PRODUCTS v. CASTILLO

H04173; A130605.

159 P.3d 389 (2007)

212 Or. App. 709

ROSEBURG FOREST PRODUCTS, Petitioner, v. Audrey CASTILLO; Kasia Van Pett, M.D.; Gregory Falk, D.O.; and Department of Consumer and Business Services, Respondents.

Court of Appeals of Oregon.

Decided May 16, 2007.

Attorney(s) appearing for the Case

H. Scott Plouse, Medford, argued the cause for petitioner. With him on the briefs was Hornecker, Cowling, Hassen & Heysell, L.L.P.

Judy C. Lucas, Assistant Attorney General, argued the cause for respondent Department of Consumer and Business Services. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Christine Jensen, Eugene, argued the cause for respondent Audrey Castillo. With her on the brief was Malagon, Moore & Jensen.

No appearance for respondents Kasia Van Pett and Gregory Falk.

Before EDMONDS, Presiding Judge, and WOLLHEIM, Judge, and DEITS, Judge pro tempore.

PER CURIAM.

Roseburg Forest Products (Roseburg) petitions for judicial review from a final order of the Director of the Department of Consumer and Business Services (director) that barred Roseburg from disputing whether a proposed elective surgery for respondent Audrey Castillo (claimant) is excessive, inappropriate, or ineffectual. Roseburg contends that the administrative rule that the director relied on is invalid and that the director erred in finding that Roseburg...

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