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BEATY CONST. v. BOARD OF SAFETY REVIEW

No. 49A05-0811-CV-664.

912 N.E.2d 824 (2009)

BEATY CONSTRUCTION, INC., Appellant-Respondent, v. BOARD OF SAFETY REVIEW, Indiana Occupational Safety and Health Administration, Indiana Department of Labor, Appellees-Plaintiffs.

Court of Appeals of Indiana.

Publication Ordered September 1, 2009.

Attorney(s) appearing for the Case

Peter G. Tamulonis, Eric D. Johnson, Kightlinger & Gray, LLP, Indianapolis, IN, Attorneys for Appellant.

Gregory F. Zoeller, Attorney General of Indiana, Nicole M. Schuster, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellees.

OPINION

MATHIAS, Judge.

The Marion Superior Court denied a petition filed by Beaty Construction Inc. ("Beaty") in which Beaty sought judicial review of the final order of the Indiana Board of Safety Review ("the Board") approving the order of the administrative law judge ("ALJ") who found that Beaty had committed violations of the Indiana Occupational Safety and Health Administration Act ("IOSHA"). Beaty appeals and presents two issues, which we restate...

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