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Ex. DUT-AL-018 Standing duty Primary source read

'Safer at Home' Statewide Public Health Order Frequently Asked Questions (undated; posted March 2020)

'Safer at Home' Statewide Public Health Order Frequently Asked Questions

Office of the Governor and Alabama Department of Public Health (FAQ posted on governor.alabama.gov for the State Health Officer's amended order of March 27, 2020) · Alabama (State)

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The record

Jurisdiction
Alabama
Level
State
Authority
Interpretive; the State Health Officer's order of March 27, 2020 (Ex. AL-011) under Ala. Code § 22-2-2(4)
Issued
2020-03-28 Mar. 28, 2020
Effective
2020-03-28
End
2020-04-04 5:00 p.m. (superseded by the Stay at Home Order, Ex. AL-013) (read as 2020-04-04)
In force
Mar. 28, 2020 to Apr. 4, 2020
Quarters
2020 Q2
Limitation types
Business closureGathering capHealth care ordersOperating condition
Addressees
  • specified businesses (every business and venue not listed for closure); owners or persons in control of premises; health care providers
Character
agency position statement
Collection
Standing duties: Alabama DUT-AL

Operative words

Businesses or venues not specifically listed in the order for closure may continue their normal operations, subject to the laws and regulations they must ordinarily follow as well as the other parts of the order.

Penalty

none stated in the FAQ itself; the order it construes carried Ala. Code § 22-2-14 through Ex. AL-007 (see Ex. DUT-AL-016)

What it required

The State's own construction of the March 27, 2020 order: every business not closed by the list stays open only 'subject to the laws and regulations they must ordinarily follow as well as the other parts of the order' (the ten-person non-work gathering rule and six-foot rule); a 'big box' store 'still must comply with the order's other provisions'; non-emergency dental, medical and surgical procedures are postponed; and the FAQ quotes the Attorney General's enforcement guidance for 'truly difficult cases.' Character as recorded: agency_position_statement (release, FAQ, memorandum or statement; order_operating_condition layer).

Retrieval note

An interpretive document without independent legal force; recorded for what it states about the conditional character of continued operation under the order and for its incorporation of the Attorney General's enforcement position. The title uses 'Safer at Home' for the March 27, 2020 order, a month before the order formally so named (Ex. AL-017); the text (paragraph 1 'non-work related gatherings' of 10; the retail closure list; postponed procedures) fixes it to the March 27 order.