Friday, November 18, 2011

Can Omega ask a court for an order to stop enforcement of the regulation? If not, what can Omega do?

Omega Company operates a computer chip production plant. Paula is the president of Omega. Ron, a representative of the Occupational Safety and Health Administration, inspects the plant and, citing a certain regulation, orders Omega to take specified steps immediately to improve sanitation at the plant. Paula believes that Ron is either exceeding his authority or that the regulation Ron claims to be enforcing is excessive. Can Omega ask a court for an order to stop enforcement of the regulation? If not, what can Omega do?|||Yes, Omega can seek to enjoin enforcement if either the administrative agency has abused its authority under the regulation or the regulation is invalid due to inconsistency with the authorizing statute. Omega may need to exhaust available administrative remedies before pursuing a court action, however.





Let me know how we did on the class assignment.

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