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Ex. DUT-MT-001 Standing duty Primary source read

Mont. Code Ann. 50-1-202

General powers and duties (Department of Public Health and Human Services)

Montana Legislature (Montana Code Annotated, Title 50, ch. 1) · Montana (State)

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The record

Jurisdiction
Montana
Level
State
Authority
Mont. Code Ann. Title 50 (Health and Safety), ch. 1 (Administration of Public Health Laws), part 2 (Department)
Issued
2026-09-28 Sept. 28, 2026
Effective
standing (read as 2026-09-28)
End
standing
In force
Standing since Sept. 28, 2026 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Business closureQuarantine and isolationStanding duty
Addressees
  • persons generally; owners or persons in control of premises; all businesses (as the objects of inspection, correction orders, quarantine and nuisance abatement)
Character
statutory duty
Collection
Standing duties: Montana DUT-MT

Operative words

the department... shall: (a) make inspections for conditions of public health importance and issue written orders for correction, destruction, or removal of the condition;... (d) identify, assess, prevent, and mitigate conditions of public health importance through:... (iii) isolation and quarantine measures;... (v) abatement of public health nuisances; (vi) inspections

Penalty

Enforcement through 50-1-103 (injunction; prosecution) (DUT-MT-004), 50-1-104 (misdemeanor for violating a department rule with no specified penalty; read, not saved) and 50-2-124(2) (misdemeanor; DUT-MT-007)

What it required

DPHHS holds a mandatory ('shall') charge to inspect for conditions of public health importance, issue written correction orders, impose isolation and quarantine measures and abate public health nuisances, and under (1)(g) to 'bring and pursue actions necessary to abate, restrain, or prosecute the violation of public health laws and rules'; every 2020 Directive recited this section as its public-health authority and directed local agencies to assist under 50-1-202(2)(a).

Retrieval note

Subsection (1)(p) directs the department to 'adopt and enforce rules regarding: (i) the reporting and control of communicable diseases' (ARM Title 37, ch. 114). Subsection (2)(a) gives the department 'the power to use personnel of local public health agencies to assist in the administration of laws relating to public health services'. The Directives quoted this section's 'written orders for correction' and 'abatement of public health nuisances' (Ex. MT-009, MT-013, MT-016, MT-018).