Term
State Law vs. Delegated Authority from Federal Government
pg. 313, 314 |
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Definition
Although the federal government does not possess police power, it does possess delegated powers to
give to each state a form of police powers. State and local agencies derive their power by the delegation
from the state legislature via federal powers. Delegating powers usually puts special limits for the power
to exercise.
Technical development can increase or decrease the strictness of a particular law. Public health law and
the federal government does not exercise police power. Although the federal government can exert
enormous regulatory power and leadership through it's power to regulate interstate commerce, the
Federal government have the levying power to tax and to spend money for the public's general welfare.
There is the direct exercise of federal power; this is the federal government's jurisdiction in public health
to:
1. Direct regulation: to regulate interstate and foreign commerce.
2. Instrumentalities of the state: the power to tax and to spend money for general welfare.
Federal agencies have federal enforcement officers. Violations cited of applicable laws result in federal
crimes which are to be tried before federal courts. The federal government can exercise power through
the states by offering grants in aid. Grants in aid are federal programs such as slum clearance, research,
training, urban renewal and public housing, etc. All state and local governments must make an application
for the available grants. In order to obtain federal funds, the agency applying must indicate the readiness
and the ability to contribute funds of it's own to the proposed program on the basis of some financial
matching formula. The proof must be set to show that the proposed programs live up to the proposed
programs standards. When the Federal government approves the program and funding, it provides most
of the major funds for the project. Emphasis must be given to the state or local agency and must conform
to the federal standards in order to receive continued funding. No state or local agency is obligated to
participate in this grant in aid programs, but if they do, they must accept the conditions and the standards
set by the federal government. |
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Term
Local vs. State Jurisdiction
pg. 310/311 |
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Definition
LOCAL GOVERNMENT AUTHORITY
1. JURISDICTIONAL
Local cities have defined boundaries and territories within the state.
2. JURISDICTION AND AUTHORITY GRANTED BY STATE
Delegated Authority
The Health Departments have this authority to maintain order. It is a legal power which is handed down
by the state to the local jurisdictions and agencies.
3. THE HOME RULE POWER
A constitutional provision or the type of legislative action which results in providing local cities and towns
with a measure of self government.
DELEGATION OF AUTHORITY TO AGENCIES
1. Authority granted by the state.
2. Jurisdiction - local area (city or county).
3. Health department has delegated powers.
4. The delegation of authority to agencies is through the state legislature.
THE EXTENT OF DELEGATION AND JURISDICTION
1. EXPRESS AUTHORITY
Stated in black and white (written law).
2. IMPLIED AUTHORITY
Power given to the agency which follows the expressed authority.
Ex. given..pg311 |
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Term
Authority of the Health Officer to:
Enforce Laws, Regulations, Codes and Ordinances |
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Definition
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Term
Authority of the Health Officer to:
Inspect facilities/private and public property |
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Definition
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Term
Authority of the Health Officer to:
Issue and Condition Permits to Operated |
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Definition
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Term
Authority of the Health Officer to:
Impound, Embargo, Seize, Condemn Property |
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Definition
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