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BWK, INC. v. DEPT. OF ADMIN. SERVICES

0103; A131329.

218 P.3d 156 (2009)

231 Or. App. 214

BWK, INC., Petitioner, v. DEPARTMENT OF ADMINISTRATIVE SERVICES and Garten Services, Inc., Respondents.

Court of Appeals of Oregon.

Decided September 30, 2009.

Attorney(s) appearing for the Case

James M. Brown argued the cause and filed the briefs for petitioner.

Denise G. Fjordbeck, Assistant Attorney General, argued the cause for respondent Department of Administrative Services. On the brief were Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Michael C. Livingston, Senior Assistant Attorney General.

John E. Pollino argued the cause for respondent Garten Services, Inc. With him on the brief was Garrett Hemann Robertson P.C.

Before EDMONDS, Presiding Judge, and WOLLHEIM, Judge, and SERCOMBE, Judge.

SERCOMBE, J.

Petitioner seeks review of a final order issued by the Department of Administrative Services (DAS) after a contested case proceeding determining that respondent Garten Services, Inc. (Garten) was a qualified rehabilitation facility (QRF) under the Products of Disabled Individuals Act (PDIA), ORS 279.835 to 279.855.1 Petitioner contends that DAS had no authority to conduct a contested...

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