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MARKWOOD ENT. v. DIV. OF OCC. SAF. & HEALTH

No. 1 CA-IC 3483.

152 Ariz. 169 (1986)

730 P.2d 878

MARKWOOD ENTERPRISES, LTD., Petitioner, v. DIVISION OF OCCUPATIONAL SAFETY AND HEALTH, OF the INDUSTRIAL COMMISSION OF ARIZONA, Respondent.

Court of Appeals of Arizona, Division 1, Department D.

December 18, 1986.

Attorney(s) appearing for the Case

Jones, Skelton & Hochuli by Calvin Harris, Phoenix, for petitioner.

Dennis P. Kavanaugh, Chief Counsel, The Industrial Commission of Arizona by Kenneth C. Behringer, Phoenix, for respondent.

OPINION

EUBANK, Presiding Judge.

This is a Special Action — Industrial Commission (Rule 10, Arizona Rules of Procedure for Special Actions) review of a decision and order of the Occupational Safety and Health Review Board (Review Board), which reinstated a dismissed citation for a serious violation of 29 C.F.R. § 1928.57(a)(8)(i)(guard design standards) and a $240 penalty against the petitioner (Markwood). Markwood raises two issues for our consideration...

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