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

902 KAR 2:210E (new emergency administrative regulation)

Covering the face in response to declared national or state public health emergency

Cabinet for Health and Family Services, Department for Public Health, Division of Epidemiology (Secretary Eric C. Friedlander; Governor Andy Beshear) · Kentucky (State)

The COVID Project

The record

Jurisdiction
Kentucky
Level
State
Authority
KRS 12.270(2), 39A.180, 194A.010, 194A.025, 194A.050(1); relates to KRS 39A.180, 211.180(1), 214.010, 214.645, 333.130; implementing EO 2020-586 (Ex. KY-022)
Issued
2020-08-07 Aug. 7, 2020
Effective
5:00 p.m. August 7, 2020 (Section 4(1)); LRC 'EFFECTIVE: August 10, 2020' (read as 2020-08-07)
End
Expiration under KRS 13A.190 unless withdrawn or superseded (Section 4(2)); the statewide face-covering requirement it implemented ended June 11, 2021 (Ex. KY-049) (read as 2021-06-11)
In force
Aug. 7, 2020 to June 11, 2021
Quarters
2020 Q32020 Q42021 Q12021 Q2
Limitation types
Business closureFace-covering requirementWorkplace rulesStanding duty
Addressees
  • owners, operators and employers of businesses and other public-facing entities; persons generally
Character
order penalty
Collection
Standing duties: Kentucky DUT-KY

Operative words

(3) Any owner, operator, or employer of a business or other public-facing entity who violates this administrative regulation by permitting an individual on the premises who is not wearing a face covering and who is not subject to any exemption shall be fined at the rates listed in subsection (2)(a) of this section. The business may also be subject to an order requiring immediate closure.

Penalty

warning, then $25, $50, $75 and $100 per offense (Section 3(2)(a)); the same schedule for the business, and an order requiring immediate closure (Section 3(3)); individuals enforced by State and local law enforcement 'as required by KRS 39A.180' (Section 3(1)(b))

What it required

Required each person in Kentucky to wear a face covering inside or in line at any retail establishment, grocery, pharmacy, salon, tattoo parlor, child care facility, restaurant or bar (when not seated and eating), health care setting or other indoor public space where six feet cannot be kept, and on transit and ride services (Section 2(2)); kept in force the 'sector-specific requirements mandating face coverings for employees' (Section 2(1)); made the owner, operator or employer liable to fines and immediate closure for permitting an unmasked person on the premises (Section 3(3)); and assigned enforcement against businesses to 'the Labor Cabinet, the Department for Public Health, another state regulatory agency, and each local health department' (Section 3(1)(a)).

Retrieval note

Replaced 902 KAR 2:190E (July 10, 2020), whose Section 3 business-closure penalty is quoted in Ex. KY-032 at 84-85; the Statement of Emergency records that 2:210E 'differs from... 902 KAR 2:190E' in the penalty schedule and the effective date. The LRC no longer serves the file (its URL returns an HTML page).