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ADMINISTRATIVE LAW

1) Alpha operates a computer chip production plant. Paula is the president of Alpha. Ron, a representative of the Occupational Safety and Health Administration, inspects the plant and, citing a certain regulation, orders Alpha 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 Alpha ask a court for an order to stop enforcement of the regulation?

Result: No.

Reason: The investigation has a legitimate purpose, the information sought is relevant, and they cited a specific regulation.

Procedure: They will have a hearing to determine if there is a violation by the respondent (need a notice, hearing, right to confront witnesses to comply with due process). They must exhaust administrative remedies before one can appeal to court.

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