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AGAT TRANSPORT, INC. v. EMPLOYMENT DEPT.

T71269; A149896.

305 P.3d 122 (2013)

256 Or. App. 294

In the Matter of Tax Hearing for AGAT Transport, Inc. AGAT TRANSPORT, INC., Petitioner, v. EMPLOYMENT DEPARTMENT, Respondent.

Court of Appeals of Oregon.

Decided April 17, 2013.

Attorney(s) appearing for the Case

Linda C. Attridge argued the cause and filed the opening brief for petitioner. With her on the reply brief was Radler, Bohy, Replogle & Conratt, LLP.

Judy C. Lucas , Senior Assistant Attorney General, argued the cause for respondent. With her on the brief were Ellen F. Rosenblum , Attorney General, and Anna M. Joyce , Solicitor General.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and HADLOCK, Judge.

HADLOCK, J.

Petitioner AGAT Transport, Inc. (AGAT) seeks review of a final order of an administrative law judge (ALJ) that affirmed a tax assessment issued by the Employment Department (the department). In the challenged order, the ALJ determined that certain truck drivers whom AGAT paid to transport cargo were AGAT's employees, rejecting AGAT's contention that the drivers were independent contractors. Based on that determination, the ALJ concluded that the drivers...

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