Administrative Flashcards
Due process
no person shall be deprived of their rights
e.g. EH must allow reasonable time to correct the violation
Police power
power given to the state to enforce the laws of the state to protect the people of the state. federal gov does not have police power.
Plenary power
right of the state to enforce the laws
expressed vs implied authority
expressed - written in law
implied - e.g. MOU, assumed to have in order to implement what is written in the law
What does sovereign immunity protect?
the department from being sued civilly or criminally
What does the ACGIH do
public TLVs
What is CHEMTREC
provides assistance to those responding in hazmat incidents
What is ASHRAE
American society of heating, refrigeration, and air condition engineers
How many amendments in the bill of rights
What are amendments 4, 6 and 14
14 amendments
4 - right from unreasonable search and seizure
6 - right to fair speedy trail
14 - right of due process and equal protection
health inspector has a right to conduct an inspection free from interference. if the inspector is refused entry they have 3 options
- obtain a warrant
- prosecute the person who refuses entry
- write a violation or file a criminal complaint
what must an inspector have to do a housing inspection
consent to a search or a warrant
at what three times can you enter for an inspection
permission granted
with a warrant
emergencies
can permission be withdrawn once it is granted for inspection?
no
a ____________ inspection occurs when conducting a separate inspection and you see a violation next door without going out of your way to notice it
plain view inspection
a condemned product is know to be _________
a red tagged item is a piece of equipment that is ____________
___________ is an order prohibiting the removal or use of a particular article
__________ is when an item is locked up until a legal decision is made
____________ is when an inspector takes a product and offers a notice/release form
a condemned product is know to be ADULTERATED
a red tagged item is a piece of equipment that is ILLEGAL/INOPERABLE
EMBARGO is an order prohibiting the removal or use of a particular article
IMPOUND is when an item is locked up until a legal decision is made
SEIZURE is when an inspector takes a product and offers a notice/release form
nuisance is defined as…
obstruction or cause of inconvenience to the public
anything that infringes on the rights of others
what is a license?
formal permission to conduct a specific business
what is a permit?
written authorization to operate a specific business
What is the hearsay rule
information that is once removed from the person who saw the condition.
can’t be used as a fact
the ______________rule prevents certain kinds of evidence from being admitted during a trial
give two e.g.
exclusionary rule
trade secrets
patient records
________actions are against another private party
____________ actions involve public government
civil
criminal
an _________________ is when a court order the halt of a particular action
injunction
What are the 5 types of administrative actions
COINS citations orders to abate information memo notices special orders
What is an administrative hearing
court appointed officer or judge - formally announce violations, hear all sides of case, try for possible solution. if not then a court case is filed
an informal hearing can be held by whom?
by the agency citing the offender. this is an environmental health office hearing
expert vs. lay witness
expert witness can give an opinion. plaintiff and defendant attorneys must agree
lay witness - YES/NO only
defamation, slander and libel
defamation - damaging of ones reputation - includes the following
slander - spoken statement causes damage
libel - published record causes damage
what are statues
written laws
What happened in the frank vs. Maryland case
private home inspection conducted without a warrant
camara vs. san Francisco case
forceful entry occurred after refusal of entry
malfeasance
misfeasance
nonfeasance
malfeasance - unlawful act. e.g. unlawful inspection or facility closure
misfeasance - wrongful or injurious act - e.g. wrong sanitizer test strips used then closed facility
nonfeasance - knowledge of unlawful act. e.g. fail to report hw truck illegally dumping wastes
what are torts
civil wrongs - may be unintentional or deliberate
typically federal government ________________ the laws and the state _____________ the laws
fed- implement
state - enforces
an employer is held liable for the torts of its employees committed within the scope of their employment. this is referred to as
respondeat superior
parens patriae
substituted judgement
corporate privilege
respondeat superior
performance of an authorized act in an unauthorized manner is called
nonfeasance
misfeasance
malfeasance
disfeasance
misfeasance
an action authorized by law to restrict or prevent the movement of goods for the protection of public health, safety, and welfare is called an order of
injunction
withholding
embargo
seizure
embargo
what is the federal agency that regulates food additives?
cdc
consumer product safety commission
dept of ag
fda
fda
when a legal action is being prepared, one of the first steps a sanitarian should take is to
obtain a warrant
obtain a court order
keep accurate records
check with other agencies
keep accurate records
what is PERT
planning
evaluation
reporting
technique
used for project planning
EIS vs. EIR
environmental impact statement (federal)
report (state)
what is maslow’s theory
the hierarchy of needs
e.g. physiological and safety over belongingness and self esteem
macgregors x and y theories
management theories
x - militaristic, structured
y - free reign
EH is usually combo of both
what is Roberts rule
meeting etiquette
scientific method
- observation
- hypothesis generated
- hypothesis testing
- analysis/conclusion
mean median mode range variance standard deviation
mean - average
median - most central occurring
mode - most often occurring
range - highest to lowest
variance - level of difference within the data
standard deviation - how spread out the data are
formula for standard deviation
square root of the variance
frequency table
histogram
curve
frequency table - shows totals for each category of data
histogram - columns show more frequent data
curve - x y graph
what is an A-95 review
review of the federal EIS
