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can permission be withdrawn once it is granted for inspection?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