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COA: exhaust administrative remedies before filing appeal

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Because a manufacturer didn’t exhaust its administrative remedies regarding a challenge to a search of its Indianapolis facility by the Indiana Occupational Safety and Health Administration, the Indiana Court of Appeals dismissed the manufacturer’s appeal.

In In Re The Matter of a Search Warrant Regarding the Following Real Estate, Sensient Flavors, LLC v. Indiana Occupational Safety and Health Administration, 49A02-1109-MC-844, the federal government had concerns about the use of flavoring chemicals, including diacetyl, at Sensient Flavors’ facility. The company makes flavoring for food and beverages. A union became concerned about possible respiratory problems and the use of the chemicals and asked for a health hazard evaluation by the National Institute for Occupational Safety & Health. A report issued by the agency in 2011 found employees experienced respiratory conditions due to exposure to food-flavoring chemicals, including diacetyl.

The Indiana commissioner of labor petitioned for a search warrant in Marion Superior Court to conduct an administrative inspection of the facility. That warrant was amended and narrowed to only include the search of documents, records and areas associated with the use of certain substances. The trial court denied Sensient’s request to stay the execution of the search warrant.

IOSHA informed the trial court in February 2012 that the warrant had been fully executed and later filed a motion to dismiss Sensient’s appeal, arguing the matter was moot.

The judges focused not on the mootness argument but on the fact that Sensient had not exhausted its administrative remedies before taking action in court. The appellate court cited In re Establishment Inspection of Kohler Co., 935 F.2d 810 (7th Cir. 1991), a similar case out of Wisconsin, to find it is without jurisdiction to consider Sensient’s challenge to the warrant.

Judge Nancy Vaidik pointed out that Indiana’s Supreme Court has also emphasized the value of completing administrative proceedings before resorting to judicial review.

 

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  1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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