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PROBST v. DEPARTMENT OF LABOR & INDUSTRIES

No. 39021-3-II.

230 P.3d 271 (2010)

Gary R. PROBST and et ux, d/b/a Diamond Driving School, Appellant, v. DEPARTMENT OF LABOR AND INDUSTRIES of the State of Washington, the Director of the Department of Labor and Industries of the State of Washington, and the Board of Industrial Insurance Appeals of the State of Washington, Respondents.

Court of Appeals of Washington, Division 2.

May 4, 2010.

Attorney(s) appearing for the Case

Don W. Taylor, Owens Davies Fristoe Taylor & Schultz PS, Olympia, WA, for Appellant.

Robert M. McKenna, Attorney General's Office, Penny L. Allen, Attorney at Law, Ofc. of the Atty. General, Olympia, WA, for Respondents.

QUINN-BRINTNALL, J.

¶ 1 Following an audit, the Department of Labor and Industries (L & I) assessed Gary R. Probst $953,159.26 for unpaid industrial insurance premiums, penalties, and interest for his ownership of Diamond Driving Schools, America's Best Driving Schools, and Quality Driving Schools throughout Washington. An Industrial Appeals Judge (IAJ) recommended affirming the assessment in whole. The Board of Industrial Insurance Appeals (BIIA) adopted...

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