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OREGON OCCUPATIONAL SAFETY & HEALTH DIVISION v. MOORE EXCAVATION, INC.

0800169SH; A149283.

307 P.3d 510 (2013)

257 Or. App. 567

OREGON OCCUPATIONAL SAFETY & HEALTH DIVISION, Petitioner, v. MOORE EXCAVATION, INC., Respondent.

Court of Appeals of Oregon.

Decided July 17, 2013.

Attorney(s) appearing for the Case

Inge D. Wells , Senior Assistant Attorney General, argued the cause for petitioner. On the briefs were John Kroger , Attorney General, Anna M. Joyce , Solicitor General, and Shannon T. Reel , Assistant Attorney General.

George W. Goodman argued the cause for respondent. With him on the brief was Cummins, Goodman, Denley & Vickers, P.C.

Before ORTEGA, Presiding Judge, and SERCOMBE, Judge, and HADLOCK, Judge.

SERCOMBE, J.

The Oregon Occupational Safety and Health Division (OR-OSHA) seeks judicial review of an administrative law judge's (ALJ) order vacating a citation issued by OR-OSHA to Moore Excavation, Inc. (Moore).1 Moore was cited for failure to "tag and withdraw from service a damaged portable ladder" in violation of 29 CFR section 1926.1053(b)(16),2 a federal regulation

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