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OREGON OCCUPATIONAL SAFETY & HEALTH v. D & H LOGGING, INC.

(SH-94298; CA A98579).

979 P.2d 297 (1999)

159 Or. App. 458

OREGON OCCUPATIONAL SAFETY & HEALTH DIVISION, Respondent, v. D & H LOGGING, INC., Petitioner.

Court of Appeals of Oregon.

Decided April 7, 1999.

Attorney(s) appearing for the Case

Elliott C. Cummins, McMinnville, argued the cause for petitioner. With him on the brief was Cummins, Goodman, Fish & Platt, P. C.

Judy C. Lucas, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before EDMONDS, Presiding Judge, and DEITS, Chief Judge, and ARMSTRONG, Judge.

EDMONDS, P.J.

Petitioner, a logging company, seeks review of an administrative order that found it in violation of safety regulations arising out of an inspection by the Oregon Occupational Safety and Health Division (OR-OSHA) of its logging site. Petitioner argues that OR-OSHA's citation that led to the findings was the result of an inspection that was unlawful under the applicable administrative rules, and that the citation should therefore be dismissed. We review...

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