Enforcement and Liability

Question 1

What three ways are inspections determined by?

Answer 1

1) Fatalities or Catastrophes
2) Programmed Inspections - Random spot checks.
3) Complaints

Question 2

Does an agency need a warrant or probable cause to do a search of a facility?

Answer 2

Yes. Even if it is an agency that is doing the inspection, they must either have a warrant or probable cause to do a search.

Question 3

What is the standard for probable cause for agency searches?

Answer 3

Lower standard that criminal probable cause. A general administrative plan for enforcement of agency goals is sufficient.

Question 4

What are the requirements for an agency to issue a subpoena?

Answer 4

1) Be within statutory authority;
2) Reasonable;
3) Within agency rules;
4) Relevant;
5) Sufficiently definite.