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Ex. DUT-RI-004 Standing duty Primary source read

R.I. Gen. Laws § 23-1-21

Immediate compliance order

Rhode Island General Assembly (codified statute administered by the Director of Health) · Rhode Island (State)

The COVID Project

The record

Jurisdiction
Rhode Island
Level
State
Authority
R.I. Gen. Laws tit. 23, ch. 1
Effective
standing
End
standing (read as 2021-09-30)
In force
Standing (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; every 'covered entity' and 'establishment' under 216-RICR-50-15-7
Character
statutory authority
Collection
Standing duties: Rhode Island DUT-RI

Operative words

Whenever the director determines that there exists a violation of any law, rule, or regulation within the jurisdiction of the director which requires immediate action to protect the health, welfare, or safety of the public or any member of the public, the director may, without prior notice of violation or hearing, issue an immediate compliance order stating the existence of the violation and the action he or she deems necessary.

Penalty

R.I. Gen. Laws § 23-1-25 (Ex. DUT-RI-014): violation of a compliance order, fine to $300 or ninety days, or both, each day a separate offense; enforcement in Superior Court under § 23-1-23

What it required

The Director of Health may, without prior notice or hearing, order any person in violation of a health law or rule to take 'the action he or she deems necessary,' effective on service, with no right to a hearing on the immediate order; this was the closure vehicle of the Safe Activities regulation (§ 7.5(A): 'an immediate compliance order, as provided for in R.I. Gen. Laws § 23-1-21, effecting the closure of the establishment') and the compliance-order power the executive orders vested in the Enforcement Task Force. Character as recorded: statutory_authority (enabling power; binds through the orders issued under it).

Retrieval note

EO 20-32 ¶ 18 (Ex. RI-017): 'The Task Force, through RIDOH, shall issue compliance orders under Chapter 1 of Title 23.' EO 21-68 ¶ 11 (Ex. RI-043) repeats the direction on June 18, 2021. § 23-8-4 (Ex. DUT-RI-005) makes quarantine orders subject to 'the procedures for compliance order and immediate compliance orders set forth in §§ 23-1-20 -- 23-1-24.'.