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Ex. DUT-UT-008 Standing duty Primary source read

Utah Code section 53-2a-209

Orders, rules, and regulations having force of law -- Filing requirements -- Suspension of state agency rules -- Suspension of enforcement of certain statutes during a state of emergency

Utah Legislature (Utah Code Title 53, Chapter 2a, Emergency Management Act, Part 2, Disaster Response and Recovery Act; version effective May 10, 2016) · Utah (State)

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The record

Jurisdiction
Utah
Level
State
Authority
Utah Code Title 53, Chapter 2a, Part 2
Issued
2016-05-10 May 10, 2016
Effective
2016-05-10
End
standing (this version superseded May 5, 2021; subsection (1) otherwise unchanged in the current text, read on the Legislature's site) (read as 2021-05-05)
In force
Standing since May 10, 2016 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Emergency declarationStanding duty
Addressees
  • persons generally; all businesses; municipalities and counties as issuing authorities
Character
statutory authority
Collection
Standing duties: Utah DUT-UT

Operative words

All orders, rules, and regulations promulgated by the governor, a municipality, a county, or other agency authorized by this part to make orders, rules, and regulations, not in conflict with existing laws except as specifically provided in this section, shall have the full force and effect of law during the state of emergency.

Penalty

The Act carries no free-standing criminal penalty; the Governor may 'employ measures and give direction to state and local officers and agencies... for the purpose of securing compliance' (section 53-2a-204(1)(b), Ex. DUT-UT-009); the Department of Health issued concurrent State Public Health Orders carrying the same restrictions under the Health Code, to which section 26-23-6 attaches (Exs. UT-031, UT-032, DUT-UT-003)

What it required

Every executive order of the Governor and every county or municipal emergency order issued under the Disaster Response and Recovery Act had 'the full force and effect of law during the state of emergency,' the provision every phase order in the library recites (Exs. UT-012, UT-015, UT-017, UT-020, UT-021, UT-029, UT-030) and the basis on which the Governor's Phased Guidelines orders bound 'individuals and businesses in Utah.' Character as recorded: statutory_authority (enabling power; binds through the orders issued under it).

Retrieval note

Official versioned PDF (header: 'Effective 5/10/2016 Superseded 5/5/2021'). Subsection (4) is the authority under which the Governor suspended enforcement of statutes (Ex. UT-006, UT-011). Ex. UT-029 (EO 2020-73) recites: 'Utah Code section 53-2a-209(1) provides that orders issued by the governor under Title 53, Chapter 2a, Part 2' have the full force and effect of law.