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OR-OSHA v. DAVID A. MOWAT & ML MOWAT CO.

SH05524; A137455.

240 P.3d 748 (2010)

237 Or. App. 576

OREGON OCCUPATIONAL SAFETY & HEALTH DIVISION, Petitioner, v. DAVID A. MOWAT & ML MOWAT Company, Respondents.

Court of Appeals of Oregon.

Decided October 6, 2010.

Attorney(s) appearing for the Case

Denis M. Vannier , Assistant Attorney General, argued the cause for petitioner. With him on the brief were Hardy Myers , Attorney General, and Mary H. Williams , Solicitor General.

No appearance for respondent.

Before HASELTON, Presiding Judge, and ARMSTRONG, Judge, and ROSENBLUM, Judge.

ARMSTRONG, J.

The Oregon Occupational Safety and Health Division (OR-OSHA) seeks review of an order of an administrative law judge (ALJ) that vacated a citation against an employer, Mowat,1 on the ground that OR-OSHA had failed to prove that Mowat's violation of a safety rule had created a hazard for Mowat's employees. On review of the ALJ's order for legal error, we reverse and remand.

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