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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. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  2. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  3. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

  4. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  5. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

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