STATE EX REL. INDUS. COM'N v. GALLOWAY

No. 1 CA-CV 09-0142.

230 P.3d 708 (2010)

STATE of Arizona ex rel. INDUSTRIAL COMMISSION OF ARIZONA, Plaintiff/Judgment Creditor/Appellee, v. Patrick J. GALLOWAY and Lois J. Galloway dba Galloway Construction, Defendants/Judgment Debtors/Appellants.

Court of Appeals of Arizona, Division 1, Department B.

April 15, 2010.


Attorney(s) appearing for the Case

Terry Goddard, Attorney General By Miral A. Sigurani, Assistant Attorney General, Marc A. D'Amore, Assistant Attorney General, David J. Dir, Assistant Attorney General, Stephen D. Ball, Assistant Attorney General, Stanley R. O'Dell, Assistant Attorney General, Phoenix, Attorneys for Plaintiff/Judgment Creditor/Appellee.

Snell & Wilmer L.L.P. By Charles P. Keller, Martha E. Gibbs, Cole J. Schlabach, Phoenix, Attorneys for Defendants/Judgment Debtors/Appellants.


OPINION

SWANN, Judge.

¶ 1 Patrick J. Galloway and Lois J. Galloway d/b/a Galloway Construction (collectively, "Appellants") appeal from the superior court's order overruling their objection to a garnishment levied against them by the Arizona Division of Occupational Safety and Health ("ADOSH"). We hold that a Citation and Notification of Penalty can constitute an enforceable civil penalty within the meaning of A.R.S. § 23-418(J). We further hold...

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