The COVID Project
The record
- Jurisdiction
- Michigan
- Level
- State
- Authority
- Const. 1963, art. 4, sec. 51; Public Health Code Part 22
- Issued
- 1978-09-30 Sept. 30, 1978
- Effective
- 1978-09-30
- End
- standing (read as 2021-09-30)
- In force
- Standing since Sept. 30, 1978 (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
- Business closureStanding duty
- Addressees
- persons generally; owners or persons in control of premises ('a person authorized to avoid, correct, or remove the imminent danger'); governmental entities (subsection (5)(c))
- Character
- statutory duty
- Collection
- Standing duties: Michigan DUT-MI
Operative words
Upon a determination that an imminent danger to the health or lives of individuals exists in this state, the director immediately shall inform the individuals affected by the imminent danger and issue an order that shall be delivered to a person authorized to avoid, correct, or remove the imminent danger or be posted at or near the imminent danger.
Penalty
Circuit-court restraint or mandatory order on failure to comply promptly (subsection (2)); MCL 333.2261 misdemeanor; MCL 333.2262 civil fine
What it required
Required the person authorized to avoid, correct or remove an imminent danger (including the owner or operator of premises) to take the immediate action the director's order specified, which 'may specify action to be taken or prohibit the presence of individuals' at the danger, with circuit-court enforcement on non-compliance and the director's power to 'take full charge of the administration of applicable state and local health laws' where conditions 'constitute a menace to the public health' (subsections (2), (3)).
Retrieval note'Imminent danger' is defined as 'a condition or practice exists that could reasonably be expected to cause death, disease, or serious physical harm immediately or before the imminence of the danger can be eliminated through enforcement procedures otherwise provided' (subsection (5)(b)). The section is the State-level counterpart of the local health officer's power in MCL 333.2451 (Ex. DUT-MI-006).