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HENDERSON v. DEPT. OF AGRICULTURE

603-714-NR021-91; CA A76943.

875 P.2d 487 (1994)

128 Or. App. 169

John P. HENDERSON and Henderson Aviation Co., Inc., Petitioners, v. DEPARTMENT OF AGRICULTURE, Bruce Andrews, Director, Respondent.

Court of Appeals of Oregon.

Decided May 25, 1994.

Attorney(s) appearing for the Case

Timothy E. Miller, Portland, argued the cause, for petitioners. With him on the brief were Laura Van Harlingen Potter and Martin, Bischoff, Templeton, Langslet & Hoffman.

Richard D. Wasserman, Asst. Atty. Gen., argued the cause, for respondent. With him on the brief were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen.

Before DEITS, P.J., and RIGGS and HASELTON, JJ.

DEITS, Presiding Judge.

Petitioners seek review of a final order of the Oregon Department of Agriculture (ODA) imposing civil penalties for four violations of the State Pesticide Control Act. ORS chapter 634. We affirm.

Petitioners are a licensed pesticide applicator and his employer, a licensed pesticide operator.1 In 1991, the ODA issued to each petitioner a Notice of Imposition of Civil Penalty based on four aerial applications...

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