Enforcement and Liability Flashcards
1
Q
What three ways are inspections determined by?
A
1) Fatalities or Catastrophes
2) Programmed Inspections - Random spot checks.
3) Complaints
2
Q
Does an agency need a warrant or probable cause to do a search of a facility?
A
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.
3
Q
What is the standard for probable cause for agency searches?
A
Lower standard that criminal probable cause. A general administrative plan for enforcement of agency goals is sufficient.
4
Q
What are the requirements for an agency to issue a subpoena?
A
1) Be within statutory authority;
2) Reasonable;
3) Within agency rules;
4) Relevant;
5) Sufficiently definite.
