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Ex. DUT-AL-016 Standing duty Primary source read

Guidance for Law Enforcement: State Health Order (March 21, 2020)

Guidance for Law Enforcement: State Health Order

Attorney General Steve Marshall, Office of the Attorney General of Alabama · Alabama (State)

The COVID Project

The record

Jurisdiction
Alabama
Level
State
Authority
Ala. Code §§ 22-2-2(6), 22-2-8, 22-2-14; Ala. Admin. Code r. 420-1-2-.07(e) (recited)
Issued
2020-03-21 Mar. 21, 2020
Effective
2020-03-21
End
guidance of the period; the enforceability it describes ran with the orders adopted as Board rules (March 20, 2020 to May 31, 2021)
In force
Mar. 21, 2020 (no end date recorded; counted as in force for 120 days)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitation types
Business closureGathering capWorkplace rulesStanding duty
Addressees
  • persons generally; employers and businesses (the March 20 amendment 'clarif[ied] the intended application of the order for businesses and their employees'); prosecutors and law enforcement as the addressees
Character
agency position statement
Collection
Standing duties: Alabama DUT-AL

Operative words

The effect of the order and the promulgation of the emergency rule is that the March 20th order is now enforceable under Section 22-2-14... if a violator has been made aware of the state health order and the refusal to comply presents a threat to public health and safety, the penalties of Section 22-2-14 are available as an enforcement tool.

Penalty

Ala. Code § 22-2-14 as quoted (misdemeanor; $25 to $500; each day a separate offense)

What it required

The State's chief law officer instructed every prosecutor and law-enforcement agency that the State Health Officer's order, adopted as an emergency rule under §§ 22-2-2(6) and 22-2-8 with 'the force of law,' was a criminal offense to violate under § 22-2-14, quoting the penalty section in full, and that businesses and their employees were within the order as amended March 20, 2020. Character as recorded: agency_position_statement (release, FAQ, memorandum or statement; order_penalty layer).

Retrieval note

Posted by the Department of Public Health on its emergency-orders page beside the orders themselves. Category 7: an official statement of the period that the health directives bound businesses on pain of criminal penalty.