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Ex. DUT-PA-009 Standing duty Primary source read

Regulation (28 Pa. Code ch. 27, subch. A, sec. 27.8)

28 Pa. Code sec. 27.8, Criminal penalties for violating the act or this chapter

Pennsylvania Department of Health (regulation adopted with the Advisory Health Board) · Pennsylvania (State)

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The record

Jurisdiction
Pennsylvania
Level
State
Authority
35 P.S. secs. 521.16, 521.20
Issued
2002-01-25 Jan. 25, 2002
Effective
Standing regulation throughout 2020 and 2021 (read as 2002-01-25)
End
standing (read as 2021-09-30)
In force
Standing since Jan. 25, 2002 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Standing duty
Addressees
  • persons generally
Character
order penalty
Collection
Standing duties: Pennsylvania DUT-PA

Operative words

(a) A person who violates any provision of the act or this chapter shall, for each offense, upon conviction thereof in a summary proceeding..., be sentenced to pay a fine of not less than $25 and not more than $300, together with costs, and in default of payment of the fine and costs, shall be imprisoned in the county jail for a period not to exceed 30 days.

Penalty

Fine of $25 to $300 with costs per offense; imprisonment up to 30 days in default

What it required

Restated in the Department's own regulations the summary penalty for violating the Disease Prevention and Control Law or chapter 27 (which includes the sec. 27.60 control measures) and confirmed that prosecutions 'may be instituted by the Department, by a local health authority, or by any person having knowledge of a violation.'

Retrieval note

The Commonwealth's enforcement guidance (Ex. DUT-PA-010) quoted this subsection (citing it as '27 Pa. Code sec. 27.8(a)'; the regulation is in Title 28) among the penalties available to enforce the control measures the Governor and the Department ordered.