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Ex. DUT-MI-002 Standing duty Primary source read

MCL 333.2251, Imminent danger to health or lives; order; menace to public health

Public Health Code sec. 2251: imminent-danger orders of the director; power to take full charge of State and local health laws

Michigan Legislature (Public Health Code, 1978 PA 368, Part 22) · Michigan (State)

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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
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).