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can permission be withdrawn once it is granted for inspection?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
Q

an informal hearing can be held by whom?

A

by the agency citing the offender. this is an environmental health office hearing

26
Q

expert vs. lay witness

A

expert witness can give an opinion. plaintiff and defendant attorneys must agree

lay witness - YES/NO only

27
Q

defamation, slander and libel

A

defamation - damaging of ones reputation - includes the following

slander - spoken statement causes damage
libel - published record causes damage

28
Q

what are statues

A

written laws

29
Q

What happened in the frank vs. Maryland case

A

private home inspection conducted without a warrant

30
Q

camara vs. san Francisco case

A

forceful entry occurred after refusal of entry

31
Q

malfeasance
misfeasance
nonfeasance

A

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
Q

what are torts

A

civil wrongs - may be unintentional or deliberate

33
Q

typically federal government ________________ the laws and the state _____________ the laws

A

fed- implement

state - enforces

34
Q

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

A

respondeat superior

35
Q

performance of an authorized act in an unauthorized manner is called

nonfeasance
misfeasance
malfeasance
disfeasance

A

misfeasance

36
Q

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

A

embargo

37
Q

what is the federal agency that regulates food additives?

cdc
consumer product safety commission
dept of ag
fda

A

fda

38
Q

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

A

keep accurate records

39
Q

what is PERT

A

planning
evaluation
reporting
technique

used for project planning

40
Q

EIS vs. EIR

A

environmental impact statement (federal)

report (state)

41
Q

what is maslow’s theory

A

the hierarchy of needs

e.g. physiological and safety over belongingness and self esteem

42
Q

macgregors x and y theories

A

management theories

x - militaristic, structured
y - free reign

EH is usually combo of both

43
Q

what is Roberts rule

A

meeting etiquette

44
Q

scientific method

A
  1. observation
  2. hypothesis generated
  3. hypothesis testing
  4. analysis/conclusion
45
Q
mean
median
mode
range
variance
standard deviation
A

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
Q

formula for standard deviation

A

square root of the variance

47
Q

frequency table
histogram
curve

A

frequency table - shows totals for each category of data
histogram - columns show more frequent data
curve - x y graph

48
Q

what is an A-95 review

A

review of the federal EIS