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OSDA v. BOARD OF DENTISTRY

(CA A101822)

19 P.3d 986 (2001)

172 Or. App. 693

OREGON STATE DENTURIST ASSOCIATION, Petitioner, v. BOARD OF DENTISTRY, Respondent.

Court of Appeals of Oregon.

Decided February 28, 2001.

Attorney(s) appearing for the Case

Randall H. Baker, Portland, argued the cause for petitioner. With him on the briefs was Casteel & Carson.

David J. Amesbury, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

E. Walter Van Valkenburg, Jeremy D. Sacks and Stoel Rives LLP, filed a brief amicus curiae for the Oregon Dental Association.

Before HASELTON, Presiding Judge, and DEITS, Chief Judge, and WOLLHEIM, Judge.

HASELTON, P.J.

The Oregon State Denturist Association (OSDA) seeks review of the Oregon Board of Dentistry's (Board) modified declaratory ruling, ORS 183.410, that determined, inter alia, that certain dental appliances were not "dentures" as defined in ORS 680.500(3), and that the Board's proposed interpretive rules were "consistent with" that statutory definition. In particular, the Board concluded that "dentures" mean "prosthetic dental appliances that replace...

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