Administrative

Question 1

Due process

Answer 1

no person shall be deprived of their rights

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

Question 2

Police power

Answer 2

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.

Question 3

Plenary power

Answer 3

right of the state to enforce the laws

Question 4

expressed vs implied authority

Answer 4

expressed - written in law

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

Question 5

What does sovereign immunity protect?

Answer 5

the department from being sued civilly or criminally

Question 6

What does the ACGIH do

Answer 6

public TLVs

Question 7

What is CHEMTREC

Answer 7

provides assistance to those responding in hazmat incidents

Question 8

What is ASHRAE

Answer 8

American society of heating, refrigeration, and air condition engineers

Question 9

How many amendments in the bill of rights

What are amendments 4, 6 and 14

Answer 9

14 amendments

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

Question 10

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

Answer 10

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

Question 11

what must an inspector have to do a housing inspection

Answer 11

consent to a search or a warrant

Question 12

at what three times can you enter for an inspection

Answer 12

permission granted
with a warrant
emergencies

Question 13

can permission be withdrawn once it is granted for inspection?

Answer 13

no

Question 14

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

Answer 14

plain view inspection

Question 15

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

Answer 15

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

Question 16

nuisance is defined as…

Answer 16

obstruction or cause of inconvenience to the public

anything that infringes on the rights of others

Question 17

what is a license?

Answer 17

formal permission to conduct a specific business

Question 18

what is a permit?

Answer 18

written authorization to operate a specific business

Question 19

What is the hearsay rule

Answer 19

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

can’t be used as a fact

Question 20

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

give two e.g.

Answer 20

exclusionary rule

trade secrets
patient records

Question 21

________actions are against another private party

____________ actions involve public government

Answer 21

civil

criminal

Question 22

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

Answer 22

injunction

Question 23

What are the 5 types of administrative actions

Answer 23

COINS
citations
orders to abate
information memo
notices
special orders

Question 24

What is an administrative hearing

Answer 24

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

Question 25

an informal hearing can be held by whom?

Answer 25

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

Question 26

expert vs. lay witness

Answer 26

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

lay witness - YES/NO only

Question 27

defamation, slander and libel

Answer 27

defamation - damaging of ones reputation - includes the following

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

Question 28

what are statues

Answer 28

written laws

Question 29

What happened in the frank vs. Maryland case

Answer 29

private home inspection conducted without a warrant

Question 30

camara vs. san Francisco case

Answer 30

forceful entry occurred after refusal of entry

Question 31

malfeasance
misfeasance
nonfeasance

Answer 31

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

Question 32

what are torts

Answer 32

civil wrongs - may be unintentional or deliberate

Question 33

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

Answer 33

fed- implement

state - enforces

Question 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

Answer 34

respondeat superior

Question 35

performance of an authorized act in an unauthorized manner is called

nonfeasance
misfeasance
malfeasance
disfeasance

Answer 35

misfeasance

Question 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

Answer 36

embargo

Question 37

what is the federal agency that regulates food additives?

cdc
consumer product safety commission
dept of ag
fda

Answer 37

fda

Question 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

Answer 38

keep accurate records

Question 39

what is PERT

Answer 39

planning
evaluation
reporting
technique

used for project planning

Question 40

EIS vs. EIR

Answer 40

environmental impact statement (federal)

report (state)

Question 41

what is maslow’s theory

Answer 41

the hierarchy of needs

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

Question 42

macgregors x and y theories

Answer 42

management theories

x - militaristic, structured
y - free reign

EH is usually combo of both

Question 43

what is Roberts rule

Answer 43

meeting etiquette

Question 44

scientific method

Answer 44

1. observation
2. hypothesis generated
3. hypothesis testing
4. analysis/conclusion

Question 45

mean
median
mode
range
variance
standard deviation

Answer 45

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

Question 46

formula for standard deviation

Answer 46

square root of the variance

Question 47

frequency table
histogram
curve

Answer 47

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

Question 48

what is an A-95 review

Answer 48

review of the federal EIS