Winter Quarter, 2004
Syllabus

Before we turn to the courts to help us resolve an environmental health problem, we should be sure that we have tried everything within our power and authority. As we have seen in the previous lessons the administrative agency has been given considerable power and discretion in dealing with public health problems. In this lesson we will look at some of the more common instruments and procedures for ensuring that the requirements of the code are met.

Lesson Objectives

At the completion of this lesson you should:

1. Know the administrative options generally available to resolve environmental health problems;
2. Be able to determine which of these options are available for a given program; and,
3. Be able to select the most appropriate course of action to resolve a given problem.

Lesson Assignment

1. Grad: Chapter 15 ’Äî Administrative Hearings, pp. 288-307.
2. Statutes & Regulations:
• OSHAct, ¬ß10, Procedures for Enforcement (29 USC 659).
• FDCAct, ¬ß304, Seizure (21 USC 334).
3. Required Readings:
• Reading #7 - Dept. of Environmental Quality v. Chemical Waste, Storage and Disposal, Inc., 528 F.2d. 1076.
• Reading #10 - Yaffee v. City of Ft. Smith, 10 S.W.2d., 886.
• Reading #20 - FDA Food Service Sanitation Manual, ¬ß¬ß10-103 & 10-104.
• Reading #26 - City of Rome v. New York State Health Dept., 411 N.Y.S.2d. 61 (1978).
• Reading #27 - Commonwealth v. Sadecky, 398 A.2d. 1073.
• Reading #28 - Dworkin v. Town of Lakeview, 327 S.W.2d. 351.
4. Optional Readings:
   • APHA-CDC Recommended Housing Ordinance, ¬ßXVI, pp. 55-58

Lesson Outline

1. Compliance Procedures
   1. Revocation of Permits/Licenses
   2. Seizure of goods/products
   3. Condemnation of property
   4. Assessment of Penalties
2. Administrative Hearings
   1. Nature
   2. Types of Hearings
   3. Procedures
   4. Effect
3. Summary Abatement of Nuisances
   1. Authority
   2. Grounds
   3. Procedures
   4. Effect

Lecture Slides

References / Additional Readings

1. Gellhorn E, Levin RM. "Settlement, Negotiation and Alternative Dispute Resolution", Chapter 5, Section A in Administrative Law and Process in a Nutshell, West Publishing Co., 1990, pp. 162-167.
2. Gellhorn E, Levin RM. "Procedural Due Process", Chapter 6 in Administrative Law and Process in a Nutshell, West Publishing Co., 1990, pp. 194-241.
3. Cantrell, Richard D., "A Method for Investigation of Complaints", Journal of Environmental Health, 1980, 43(1):14-18.
4. Tennessee Code Annotated, Section 39-2903.

For Extended Degree Students Only

Key Points

Progress Assessment Exercise

Please proceed to Lesson 11. Judicial Remedies