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REID v. DCBS

A139421.

232 P.3d 994 (2010)

235 Or. App. 397

Rock REID and Steve Yates, Petitioners, v. DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, Respondent.

Court of Appeals of Oregon.

Decided June 2, 2010.

Attorney(s) appearing for the Case

Diana E. Goodwin argued the cause and filed the brief for petitioners.

Karla H. Ferrall, Assistant Attorney General, argued the cause for respondent. With her on the brief were John R. Kroger, Attorney General, and Jerome Lidz, Solicitor General.

Before LANDAU, Presiding Judge, and SCHUMAN, Judge, and ORTEGA, Judge.

SCHUMAN, J.

After meeting with an advisory committee, the Director of the Workers' Compensation Division (WCD) of the Department of Consumer and Business Services (DCBS) adopted a temporary rule dealing with the rates that workers' compensation insurers could pay to medical providers who treated insured workers. The rule was filed with the Secretary of State and became effective on July 7, 2008. Three days later, petitioners filed a direct, facial challenge to the...

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