Administration Part 2 (LEHS Review Guide Test 6) (Reference Salvato)

At a trial, the technical person called as a witness should: a. answer all questions truthfully and directly b. refer to notes given by the prosecuting attorney c. volunteer as much information as possible to all questions d. refuse to answer questions he feels are improper

a. answer all questions truthfully and directly

What is the most important means of enforcement of the Federal Food Drug and Cosmetic Act? a. embargo b. licensing c. registration d. inspection

a. embargo

In legal terminology the power of condemnation is also known as: a. eminent domain b. noscitur ad sociis c. law of nuisances d. judicial presumption

a. eminent domain

Under negligence law, the sanitarian owes the public a duty: a. to act as a reasonable person b. to not hurt anyone c. to assist them in whatever manner possible d. to exercise high moral standards in the community

a. to act as a reasonable person

An inspection of a premise can lawfully be made in all of the following situations except: a. when refused admission b. with the consent of the owner c. in an emergency d. when a search warrant has been issued

a. when refused admission

A householder says to an inspector, "Go ahead and do your dumb inspection. You'll get in here somehow anyway" May the inspector perform the inspection? a. yes, because consent, however reluctant, has been given b. no, because the consent was reluctantly given c. no, because consent must be given in writing for private homes d. no, because the inspector must obtain a court order

a. yes, because consent, however reluctant, has been given

A warrant to conduct a routine inspection of a private dwelling should be obtained only: a. after working hours b. after consent has been refused c. where surprise is important d. in an emergency

b. after consent has been refused

A license can be revoked for all reasons except: a. fraudulently obtained b. conviction of a crime not related to intended purpose of license c. violations of conditions of license d. engaged in conduct presenting danger to public health or safety

b. conviction of a crime not related to intended purpose of license

If a health official finds a nuisance while doing an inspection what is the most simple and practical method to correct the situation? a. write a citation b. have the owner correct the situation c. seek a court order d. threaten to close the establishment

b. have the owner correct the situation

According to the Freedom of Information Act, all of the following information must be available to the public except: a. applications for federal licensing b. medical records of personnel c. decisions affecting agency policies d. records of routine inspections

b. medical records of personnel

Which of the following is generally most useful as legal evidence? a. a chronological summary of related events b. original field notes c. a photocopy of office records and correspondence d. a published report

b. original field notes

When a business authority refuses consent to an inspection, the most appropriate action is to: a. close down the business until it can be inspected b. return later with an inspection warrant obtained through an appropriate court c. request the objector to state in writing the reason for refusal d. ignore the objection and proceed with the inspection

b. return later with an inspection warrant obtained through an appropriate court

What is the term given to organization wherein lines of authority and responsibility run upward and downward through several levels with a broad functional base at the bottom, and a single executive head at the top? a. chain of command b. scalar process c. under defined organization d. appellate system

b. scalar process

In planning and implementing an environmental health investigation it is necessary to follow explicit procedure in an ordinance because: a. this is the most efficient process b. such action is required by due process c. computer data processing techniques are enhanced d. such action is required by supervisory staff

b. such action is required by due process

When is the sanitarian required to obtain a search warrant before entering and searching the kitchen of a restaurant? a. when the owner has refused entry on prior occasions b. when the owner has refused entry on this occasion c. when the owner has not been given advanced notice d. when the owner is probably in violation of the regulations

b. when the owner has refused entry on this occasion

Environmental Impact Statements are required by which federal act? a. Resource Planning Act b. Endangered Species Act c. National Environmental Policy Act d. Federal Land Management and Policy Act

c. National Environmental Policy Act

An inspector's choice of embargo, seizure, or condemnation should be based on: a. the political power of the owner, and informal agency policy b. the inspector's preference c. statutory authority and immediacy of risk d. cost of items and epidemiological history

c. statutory authority and immediacy of risk

In order to achieve a conviction for failure to obey a violation order, which conditions must be satisfied? a. it must be shown that statutory authority for issuance of the order exists b. the defendant had notice of the above c. the defendant failed to heed the notice d. all of the above

d. all of the above

The legal authority to conduct a routine environmental health inspection is: a. explicitly stated in the U.S. constitution b. inherent in a health agency c. granted by judicial decree d. delegated by the legislature

d. delegated by the legislature

An individual's right to be treated with at least a minimum of decency and fairness by governmental officials is guaranteed by the provision of: a. states rights b. home rule c. equal protection d. due process

d. due process

The term applied to certain incorporated towns or cities in which the state constitution of legislature gives them the right to formulate and adopt city charters and regulate their own affairs is: a. eminent domain b. ultra vires c. inherent law d. home rule

d. home rule

A correct statement about police power is that it: a. is largely reserved for the federal government by the constitution b. refers to the alleged abuse of persons arrested c. cannot be used except by officially appointed police officers d. is a plenary and inherent attribute of sovereign governments

d. is a plenary and inherent attribute of sovereign governments

Which of the following is not a characteristic of a license or permit? a. operates through the administrative lifting of a legislative prohibition b. may be subject to certain specified conditions c. allows the regulator to control the licensees activities by consent d. is a semi-voluntary device to carry on his or her occupation with government approval

d. is a semi-voluntary device to carry on his or her occupation with government approval

Police power: a. is about derived from mostly federal laws b. is assigned entirely to the federal government by the constitution c. cannot be used except by police officers d. is almost exclusively left to individual states to establish and enforce laws for the citizen welfare

d. is almost exclusively left to individual states to establish and enforce laws for the citizen welfare

Following an inspection and the written report, and prior to leaving the site, it is desirable to: a. inform the supervisor about how to correct the items noted b. check bacteria counts and other available information c. notify the office that the inspection has been completed d. meet with management and discuss the significance of the items

d. meet with management and discuss the significance of the items

If a health official failed to close a restaurant known to have imminent health dangers, this is: a. misdemeanor b. malfeasance c. misfeasance d. nonfeasance

d. nonfeasance