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Administrative Flashcards

1
Q

Due process

A

no person shall be deprived of their rights

e.g. EH must allow reasonable time to correct the violation

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2
Q

Police power

A

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.

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3
Q

Plenary power

A

right of the state to enforce the laws

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4
Q

expressed vs implied authority

A

expressed - written in law

implied - e.g. MOU, assumed to have in order to implement what is written in the law

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5
Q

What does sovereign immunity protect?

A

the department from being sued civilly or criminally

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6
Q

What does the ACGIH do

A

public TLVs

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7
Q

What is CHEMTREC

A

provides assistance to those responding in hazmat incidents

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8
Q

What is ASHRAE

A

American society of heating, refrigeration, and air condition engineers

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9
Q

How many amendments in the bill of rights

What are amendments 4, 6 and 14

A

14 amendments

4 - right from unreasonable search and seizure
6 - right to fair speedy trail
14 - right of due process and equal protection

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10
Q

health inspector has a right to conduct an inspection free from interference. if the inspector is refused entry they have 3 options

A
  1. obtain a warrant
  2. prosecute the person who refuses entry
  3. write a violation or file a criminal complaint
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11
Q

what must an inspector have to do a housing inspection

A

consent to a search or a warrant

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12
Q

at what three times can you enter for an inspection

A

permission granted
with a warrant
emergencies

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13
Q

can permission be withdrawn once it is granted for inspection?

A

no

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14
Q

a ____________ inspection occurs when conducting a separate inspection and you see a violation next door without going out of your way to notice it

A

plain view inspection

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15
Q

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

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

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16
Q

nuisance is defined as…

A

obstruction or cause of inconvenience to the public

anything that infringes on the rights of others

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17
Q

what is a license?

A

formal permission to conduct a specific business

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18
Q

what is a permit?

A

written authorization to operate a specific business

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19
Q

What is the hearsay rule

A

information that is once removed from the person who saw the condition.

can’t be used as a fact

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20
Q

the ______________rule prevents certain kinds of evidence from being admitted during a trial

give two e.g.

A

exclusionary rule

trade secrets
patient records

21
Q

________actions are against another private party

____________ actions involve public government

A

civil

criminal

22
Q

an _________________ is when a court order the halt of a particular action

A

injunction

23
Q

What are the 5 types of administrative actions

A 
COINS
citations
orders to abate
information memo
notices
special orders
24
Q

What is an administrative hearing

A

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

25
an informal hearing can be held by whom?
by the agency citing the offender. this is an environmental health office hearing
26
expert vs. lay witness
expert witness can give an opinion. plaintiff and defendant attorneys must agree lay witness - YES/NO only
27
defamation, slander and libel
defamation - damaging of ones reputation - includes the following slander - spoken statement causes damage libel - published record causes damage
28
what are statues
written laws
29
What happened in the frank vs. Maryland case
private home inspection conducted without a warrant
30
camara vs. san Francisco case
forceful entry occurred after refusal of entry
31
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
32
what are torts
civil wrongs - may be unintentional or deliberate
33
typically federal government ________________ the laws and the state _____________ the laws
fed- implement | state - enforces
34
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
35
performance of an authorized act in an unauthorized manner is called nonfeasance misfeasance malfeasance disfeasance
misfeasance
36
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
37
what is the federal agency that regulates food additives? cdc consumer product safety commission dept of ag fda
fda
38
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
39
what is PERT
planning evaluation reporting technique used for project planning
40
EIS vs. EIR
environmental impact statement (federal) | report (state)
41
what is maslow's theory
the hierarchy of needs e.g. physiological and safety over belongingness and self esteem
42
macgregors x and y theories
management theories x - militaristic, structured y - free reign EH is usually combo of both
43
what is Roberts rule
meeting etiquette
44
scientific method
1. observation 2. hypothesis generated 3. hypothesis testing 4. analysis/conclusion
45
``` 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
46
formula for standard deviation
square root of the variance
47
frequency table histogram curve
frequency table - shows totals for each category of data histogram - columns show more frequent data curve - x y graph
48
what is an A-95 review
review of the federal EIS

REHS Study (20 decks)

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