{"id":"DUT-TN-016","kind":"duty","level":"state","jurisdiction":"Tennessee","state":"TN","metro":"","industry":"","agency":"","eco":"","issuer":"Herbert H. Slatery III, Attorney General and Reporter, State of Tennessee","authority":"Tenn. Code Ann. sec. 8-6-109; construing 2021 Tenn. Pub. Acts ch. 550 and Tenn. Code Ann. secs. 68-2-601, 68-2-603, 68-2-609","instrument":"Tenn. Att\u0027y Gen. Op. No. 21-15","title":"Authority Issues Involving County Health Departments","dateIssued":"2021-05-26","effective":"2021 (opinion)","end":"n/a (opinion)","startDate":"2021-05-26","endDate":"2021-09-30","quarters":["2021Q2","2021Q3"],"types":["DUTY","QUAR","CLOSE"],"addressees":["county health officers and directors; persons and public establishments within the county"],"clause":"Public Chapter 550 gives the county health officer - not the county mayor - authority to issue county-wide health mandates necessary to protect the general health and safety of the citizens of the county.... Tenn. Code Ann. § 68-2-609 now provides: The county health officer is empowered to order: (1) The quarantine of any place or person, if the county health officer finds that quarantine is necessary to protect the public health from an epidemic; (2) The closure of any public establishment, facility or building if the county health officer finds unsanitary conditions of such a nature and extent to significantly threaten the public health","enforcement":"Enforcement by the county health director (sec. 68-2-603(b), Ex. DUT-TN-004)","functions":[],"notes":"Confirmed that after Public Chapter 550 (Ex. TN-065) the county health officer held the authority to issue county-wide health mandates by rule, that sec. 68-2-609 empowers the officer to order quarantine and closure of public establishments, that the county health director retained the power to enforce those rules, and that the validity of any particular mandate depends on its terms and on State law including the Commissioner\u0027s rules. Character as recorded: agency_interpretation (Attorney General opinion).","sourceUrl":"https://www.tn.gov/content/dam/tn/attorneygeneral/documents/ops/2021/op21-15.pdf","snapshot":"","fileExists":true,"fileBytes":657814,"grade":"primary","character":"agency_interpretation","description":"","collection":"DUT-TN","url":"/library/DUT-TN-016","exhibitUrl":"/exhibit/DUT-TN-016","citation":"Herbert H. Slatery III, Attorney General and Reporter, State of Tennessee, Tenn. Att\u0027y Gen. Op. No. 21-15 (May 26, 2021) (Ex. DUT-TN-016)","stateName":"Tennessee","related":["TN-065","DUT-TN-004","DUT-TN-003"]}