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PEPLINSKI v. CONSTRUCTION CONTRACTORS BOARD

76433-105; A111218.

52 P.3d 1129 (2002)

183 Or.App. 419

Linda PEPLINSKI, Petitioner, v. CONSTRUCTION CONTRACTORS BOARD and B & G Excavation, Inc., Respondents.

Court of Appeals of Oregon.

Decided August 28, 2002.

Attorney(s) appearing for the Case

Linda Peplinski filed the brief pro se.

Hardy Myers, Attorney General, Michael D. Reynolds, Solicitor General, and Brendan C. Dunn, Assistant Attorney General, filed the brief for respondent Construction Contractors Board.

No appearance for respondent B & G Excavation, Inc.

Before EDMONDS, Presiding Judge, and LANDAU and KISTLER, Judges.

LANDAU, J.

Petitioner filed a claim with the Construction Contractors Board (board) against B & G Excavation, Inc. (respondent). The board dismissed the claim, concluding that it had not been timely filed. In the alternative, the board concluded that petitioner had entered into a release that precluded the claim as a matter of law. We conclude that the board erred in dismissing the claim and therefore reverse and remand for reconsideration.

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