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Flashcards in Administrative Deck (48):
1

Due process

no person shall be deprived of their rights

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

2

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.

3

Plenary power

right of the state to enforce the laws

4

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

5

What does sovereign immunity protect?

the department from being sued civilly or criminally

6

What does the ACGIH do

public TLVs

7

What is CHEMTREC

provides assistance to those responding in hazmat incidents

8

What is ASHRAE

American society of heating, refrigeration, and air condition engineers

9

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

10

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

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

11

what must an inspector have to do a housing inspection

consent to a search or a warrant

12

at what three times can you enter for an inspection

permission granted
with a warrant
emergencies

13

can permission be withdrawn once it is granted for inspection?

no

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

plain view inspection

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

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

16

nuisance is defined as...

obstruction or cause of inconvenience to the public

anything that infringes on the rights of others

17

what is a license?

formal permission to conduct a specific business

18

what is a permit?

written authorization to operate a specific business

19

What is the hearsay rule

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

can't be used as a fact

20

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

give two e.g.

exclusionary rule

trade secrets
patient records

21

________actions are against another private party

____________ actions involve public government

civil

criminal

22

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

injunction

23

What are the 5 types of administrative actions

COINS
citations
orders to abate
information memo
notices
special orders

24

What is an administrative hearing

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

an informal hearing can be held by whom?

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

26

expert vs. lay witness

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

lay witness - YES/NO only

27

defamation, slander and libel

defamation - damaging of ones reputation - includes the following

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

28

what are statues

written laws

29

What happened in the frank vs. Maryland case

private home inspection conducted without a warrant

30

camara vs. san Francisco case

forceful entry occurred after refusal of entry

31

malfeasance
misfeasance
nonfeasance

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

what are torts

civil wrongs - may be unintentional or deliberate

33

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

fed- implement
state - enforces

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

respondeat superior

35

performance of an authorized act in an unauthorized manner is called

nonfeasance
misfeasance
malfeasance
disfeasance

misfeasance

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

embargo

37

what is the federal agency that regulates food additives?

cdc
consumer product safety commission
dept of ag
fda

fda

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

keep accurate records

39

what is PERT

planning
evaluation
reporting
technique

used for project planning

40

EIS vs. EIR

environmental impact statement (federal)
report (state)

41

what is maslow's theory

the hierarchy of needs

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

42

macgregors x and y theories

management theories

x - militaristic, structured
y - free reign

EH is usually combo of both

43

what is Roberts rule

meeting etiquette

44

scientific method

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

45

mean
median
mode
range
variance
standard deviation

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

formula for standard deviation

square root of the variance

47

frequency table
histogram
curve

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

48

what is an A-95 review

review of the federal EIS