2. The enabling act creating the PCA expressly called for a hearing on the record, prior regulating pollution levels.
3. The president used the line item veto to remove the portion of the PCA’s authority to monitor noise within 5 miles of residential neighborhoods.
4. The PCA is authorized by the enabling act to criminally prosecute any offenders.
5. The Raging Radios testing wing is regularly in use from 9-12pm.
6. The PCA conducted an inspection of the Indianapolis branch of Raging Radios in May 2011.
7. The inspector noticed instances of levels over 85db after 7pm, but gave no notice of this being an issue.
8. The PCA requested the test wing logbooks …show more content…
Raging Radios complied with the request for submission of the test wing log books.
10. The noise pollution regulation published in the Code of Federal Regulations considers any sound over 85db to be noise pollution. And, industries with 4 or more hours of noise pollution will be found to have violated reasonable health standards.
11The PCA closed 70% of the Raging Radios locations one week after the log books were submitted based on a December 2010 internal memorandum which stated that any noise pollution after 7pm will be found to have violated reasonable health standards. The PCA posted notices on the doors, and prevented employees from entering the buildings.
12. The PCA issued a subpoena duces tecum for all of Rory Clarkson’s personal financial documents, and those of his wife.
13. A hearing was held before an ALJ where the internal memorandum was presented, and testimony of several Raging Radios employees was heard.
14. After the hearing, the ALJ sent the information to some noise pollution experts to get their opinion on the health risks involved.
15. The experts indicated that running the test wing from 9-12pm increased the health risks of neighboring