{"id":"DUT-UT-001","kind":"duty","level":"state","jurisdiction":"Utah","state":"UT","metro":"","industry":"","agency":"","eco":"","issuer":"Utah Legislature (Utah Code Title 26, Utah Health Code, Chapter 1, Department of Health Organization; version effective May 14, 2019)","authority":"Police power of the State; Utah Code Title 26 (Utah Health Code)","instrument":"Utah Code section 26-1-30","title":"Powers and duties of department","dateIssued":"2019-05-14","effective":"2019-05-14","end":"standing (this version superseded May 5, 2021; the May 5, 2021 version, read on the Legislature\u0027s site, carries subsections (10) to (12) unchanged and adds the opening words \u0027Subject to the restrictions in this title\u0027)","startDate":"2019-05-14","endDate":"2021-05-05","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["QUAR","CLOSE","GATH","DUTY"],"addressees":["persons generally; owners or persons in control of premises (physical control over property); public places and gatherings; the Department as ordering authority"],"clause":"(10) establish, maintain, and enforce isolation and quarantine, and for this purpose only, exercise physical control over property and individuals as the department finds necessary for the protection of the public health; (11) close theaters, schools, and other public places and forbid gatherings of people when necessary to protect the public health; (12) abate nuisances when necessary...","enforcement":"Violation of a lawful order of the Department is a class B misdemeanor (class A on a subsequent violation within two years) and carries a civil penalty of up to $10,000 per violation, each day a separate violation (Utah Code section 26-23-6, Ex. DUT-UT-003)","functions":[],"notes":"The Department of Health \u0027shall exercise\u0027 the powers to enforce isolation and quarantine with physical control over property and individuals, to close public places and forbid gatherings, to abate sources of infectious disease, and to \u0027establish, maintain, and enforce rules necessary or desirable... to prevent disease and illness\u0027 (subsection (4)), the powers every State Public Health Order in the library recites as its authority. Character as recorded: statutory_authority (enabling power; binds through the orders issued under it).","sourceUrl":"https://le.utah.gov/xcode/Title26/Chapter1/C26-1-S30_2019051420190514.pdf","snapshot":"","fileExists":true,"fileBytes":10710,"grade":"primary","character":"statutory_authority","description":"","collection":"DUT-UT","url":"/library/DUT-UT-001","exhibitUrl":"/exhibit/DUT-UT-001","citation":"Utah Legislature (Utah Code Title 26, Utah Health Code, Chapter 1, Department of Health Organization; version effective May 14, 2019), Utah Code section 26-1-30 (standing) (Ex. DUT-UT-001)","stateName":"Utah","related":["UT-002","UT-005","UT-010","UT-026","UT-031","UT-032","UT-042","DUT-UT-003"]}