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VICKERS/NELSON v. ENVIRONMENTAL QUALITY

AQ/AB-NWR-02-181, A126168.

148 P.3d 917 (2006)

209 Or. App. 179

VICKERS/NELSON & ASSOCIATES, CONSTRUCTION PROGRAM MANAGEMENT, INC., Petitioner, v. ENVIRONMENTAL QUALITY COMMISSION, Respondent.

Court of Appeals of Oregon.

Decided November 8, 2006.

Attorney(s) appearing for the Case

David P. Meyer, Portland, argued the cause for petitioner. With him on the briefs was David P. Meyer, P.C.

Judy Carol Lucas, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before EDMONDS, Presiding Judge, and LINDER and WOLLHEIM, Judges.

EDMONDS, P.J.

Petitioner Vickers/Nelson & Associates, Construction Program Management, Inc. (Vickers/Nelson) seeks review of a final order of the Environmental Quality Commission (the commission) that assessed a civil penalty against it under ORS 468A.715(1) for allowing an unlicensed contractor to perform asbestos abatement work at an elementary school. Vickers/Nelson contends that the Department of Environmental Quality (DEQ) rule implementing ORS 468A.715 ...

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