Legal Opinion

Accident Prevention Division v. Hogan

Court of Appeals of Oregon

Decided November 21, 1978No. SH 77-59, CA 10173PublishedCited by 4 opinions

1Opinion of the CourtGillette, J.

The Accident Prevention Division (APD) seeks judicial review of an opinion and order of a hearings referee vacating a citation and notice of penalty under Oregon’s Safe Employment Act (OSEA). The referee held that the APD inspection which led to the citation was invalid because no probable cause existed for a Jefferson County circuit court judge to issue the inspection warrant upon which the inspection was based. We reverse.

On November 29, 1976, Lester Wilson, a compliance officer for the APD, sought entry and permission to inspect the work place of Jerrie L. Hogan and Richard Hogan, dba…

2Cases cited4 opinions

  1. Camara v. Municipal Court of City and County of San FranciscoSupreme Court of the United States · 1967
  2. Marshall v. Barlow's, Inc.Supreme Court of the United States · 1978
  3. See v. City of SeattleSupreme Court of the United States · 1967
  4. State Ex Rel. Accident Prevention Division v. FosterCourt of Appeals of Oregon · 1977

3Cited by4 opinions

  1. Acton v. Vernonia School District 47JDistrict Court, D. Oregon · 1992
  2. Board of Johnson County Comm'rs v. GrantSupreme Court of Kansas · 1998
  3. City of Overland Park v. NiewaldCourt of Appeals of Kansas · 1995
  4. State ex rel. Accident Prevention Division v. Sturdi-Craft, Inc.Court of Appeals of Oregon · 1980

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