Winter Quarter, 2004
Syllabus

We have already discussed the legal basis for the regulation of environmental concerns, and the methods and procedures for identifying and documenting problems. Once we have identified a problem, the next step involves doing something about it.
Usually the first step in an enforcement process, after the identification of a problem, is to inform the responsible person of the existence of the problem and of the actions necessary to correct it. This is the primary function of the administrative order. The order will also notify them that they must correct the problem and may inform them of possible legal consequences resulting from the existence of the problem and/or from failure to correct it.

Professor Grad states that "[v]iolation orders are entirely the creation of statutory law, an order of this kind will not be legally binding unless there is some specific statutory authority for the procedure". This means that the authorizing legislation must contain a provision permitting or requiring the issuance of an order.

Not only do statutes provide the authority to issue orders. They also often specify the content and sometimes the method of issuing or serving such orders. Notice the differences between the requirements of each of the statutes, ordinances and rules and regulations which you read.

Lesson Objective

The objectives for this lesson are that you:
1. Understand, and are able to discuss, the purpose and use of an administrative order; and
2. Are able to write a lawful order, consistent with the requirements of the applicable statute, ordinance or rule and regulation.

Lesson Assignment

1. Grad: Chapter 9 ’Äî Abatement of Nuisances and Dangerous Conditions, pp. 167-177.
2. Statutes & Regulations:
   ’Ä¢ 248-84 WAC ¬ß¬ß075-085.
   ’Ä¢ King Co. Food Code, Parts 92 & 96.
   ’Ä¢ King Co. Solid Waste Regulations, Part III, ¬ß¬ß5 & 6.
   ’Ä¢ OSHAct, ¬ß9. Citations (29 USC 658).
   ’Ä¢ Michigan Code, ¬ß¬ß2451- 2455.
3. Required Readings:
   ’Ä¢ Reading #20 - PHS Food Service Sanitation Manual, Chapter 10.
   ’Ä¢ Reading #22 - Marshall v. B.W. Harrison Lumber, 6 OSHC 1446.

Lesson Outline

1. Purpose
   1. Notice of condition
   2. 2Requirement to abate
2. Authority
   1. Statutory
   2. Limits
3. Content
   1. Description of location
   2. Description of problem
   3. Requirement for abatement
   4. Time limits
   5. Right of appeal
4. Service
   1. In person
   2. By mail
   3. Posting
   4. Publication

Lecture Slides

References / Additional Readings

1. Gellhorn E, Levin RM. "Supervision", Chapter 5, Section E in Administrative Law and Process in a Nutshell, West Publishing Co., 1990, pp. 177-179.
2. Gellhorn E, Levin RM. "Publicity", Chapter 5, Section E in Administrative Law and Process in a Nutshell, West Publishing Co., 1990, pp. 179-183.
3. Gellhorn E, Levin RM. "Advice and Declaratory Orders", Chapter 5, Section F in Administrative Law and Process in a Nutshell, West Publishing Co., 1990, pp. 183-191.
4. APHA-CDC Recommended Housing Ordinance, §§ XIV, pp. 51-52.
5. Toxic Substances Control Act ’Äî ¬ß7 & ¬ß11 (15 USC 2601 et. seq.).
6. OSHA, Field Operations Manual, Chapter X, pp 1-6.
7. Kane, Mary Kay, Civil Procedures in a Nutshell, West Publishing Co., St. Louis, 1980, pp. 58-59.

For Extended Degree Students Only

Key Points

Progress Assessment Exercise

Please proceed to Lesson 9. Embargoes, Seizures and Condemnations