The COVID Project
The record
- Jurisdiction
- Arizona
- Level
- State
- Authority
- Ariz. Const. art. IV
- Effective
- in force throughout 2020 Q2 to 2021 Q3
- End
- standing (read as 2021-09-30)
- In force
- Standing (a statutory duty; in force throughout the six quarters)
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Workplace rulesQuarantine and isolationStanding duty
- Addressees
- the Director of the Department of Health Services; persons and premises subject to the rules and emergency measures (food establishments, employers, the public)
- Character
- statutory authority
- Collection
- Standing duties: Arizona DUT-AZ
Operative words
the director may define and prescribe emergency measures for detecting, reporting, preventing and controlling communicable or infectious diseases or conditions if the director has reasonable cause to believe that a serious threat to public health and welfare exists. Emergency measures are effective for not longer than eighteen months.
Penalty
Violation of a provision of title 36, ch. 1, art. 1 or 'a regulation adopted pursuant to this article' is a class 3 misdemeanor, each day a separate offense (A.R.S. § 36-140; quoted in Ex. DUT-AZ-020 and read on azleg.gov, not separately saved; see record DUT-AZ-021); sanitary violations carry the civil penalties of A.R.S. § 36-183.04
What it required
Charged the ADHS Director to 'enforce the laws relating to health and sanitation,' to examine premises on reasonable cause, to prescribe by rule the measures 'including isolation or quarantine' reasonably required to control communicable disease and the sanitary standards for food establishments abatable as public nuisances, and, in subsection H, to prescribe binding emergency measures against communicable disease. Character as recorded: statutory_authority (enabling power; binds through the orders issued under it).
Retrieval noteSubsection H is the recited authority for ADHS Emergency Measure 2020-02 (Aug. 10, 2020; Ex. AZ-029, reciting 'A.R.S. 36-136(H)'), EM 2020-04 (school face coverings; Ex. AZ-031), EM 2021-01 (Ex. AZ-039) and EM 2021-02 (Ex. AZ-042). Subsection I(4) is the standing authority for the food-establishment sanitation rules (9 A.A.C. 8) under which county environmental health departments inspected restaurants throughout the period.