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

W. Va. Code § 16-2-13

Local health officer; powers and duties

West Virginia Legislature (codified statute) · West Virginia (State)

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The record

Jurisdiction
West Virginia
Level
State
Authority
W. Va. Code § 16-2-13
Issued
2026-09-29 Sept. 29, 2026
Effective
In force throughout 2020 Q2 to 2021 Q3 (read as 2026-09-29)
End
standing
In force
Standing since Sept. 29, 2026 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Business closureStanding dutyOperating condition
Addressees
  • local health officers; every 'individual or entity' within the service area on which restrictions or limitations are placed
Character
statutory duty
Collection
Standing duties: West Virginia DUT-WV

Operative words

(a) A local health officer... shall administer and enforce state rules, local rules, and local health department rules... (5)... removal of any restrictions or limitations placed on an individual or entity for public health purposes... (c) A local health officer shall perform enforcement activity.... (e) A local health officer may issue a health order.

Penalty

Obstruction and willful violation prosecuted under W. Va. Code § 16-2-15 (Ex. DUT-WV-005)

What it required

Enforcement by the local health officer of State and local public health rules against every person and entity in the service area, including 'restrictions or limitations placed on an individual or entity for public health purposes' that remain until the officer determines 'sufficient corrections have been made,' and the issuance of health orders.

Retrieval note

Subsections (d) and (e) ('may issue guidance'; 'may issue a health order') appear in the current text; the record does not date their insertion. The Monongalia County Health Officer's July 14, 2020 order (Ex. WV-082) exercised the (b)(5) restriction power and recited the § 16-2-15 penalty on its face.