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Ex. DUT-WV-023 Standing duty Primary source read

Executive Order 32-20 (Safer at Home Order), § 2 and para. y (cross-reference to Ex. WV-026; not re-saved)

Small businesses reopened on conditions: 'must ensure that proper social distancing and hygiene practices are maintained, and must limit occupancy... to no more than two (2) individual members of the public per 1,000 square feet'; barbers and cosmetologists 'in accordance with guidance... including ensuring all staff and employees wear masks'

Governor Jim Justice · West Virginia (State)

The COVID Project

The record

Jurisdiction
West Virginia
Level
State
Authority
Exec. Order 32-20 § 2, para. y (W. Va. Apr. 30, 2020) (Ex. WV-026)
Issued
2020-04-30 Apr. 30, 2020
Effective
2020-05-04 12:01 a.m. (read as 2020-05-04)
End
Superseded by later amendments; formally terminated 12:01 a.m. Apr. 20, 2021 (EO 12-21) (read as 2021-04-20)
In force
May 4, 2020 to Apr. 20, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitation types
Business closureWorkplace rulesOperating conditionOther
Addressees
  • specified businesses: small businesses of ten or fewer employees; barber shops, nail salons and hair salons; restaurants (outdoor service only); non-essential businesses generally (continued suspension)
Character
order operating condition
Collection
Standing duties: West Virginia DUT-WV

Operative words

must ensure that proper social distancing and hygiene practices are maintained, and must limit occupancy by the public, if any, to no more than two (2) individual members of the public per 1,000 square feet... y.... may operate in accordance with guidance and best practices... by the West Virginia Board of Barbers and Cosmetologists, including ensuring all staff and employees wear masks

Penalty

EO 9-20 para. 7 enforcement by law enforcement and licensing bodies (the Board of Barbers and Cosmetologists for para. y)

What it required

Continued operation of small businesses conditioned on distancing and hygiene practices and a two-per-1,000-square-feet occupancy cap; personal-care businesses conditioned on the licensing Board's guidance including staff masks and appointment-only service; all individuals 'strongly encouraged' to stay home (the safer-at-home verb, recorded as a recommendation). The operating verbs are 'must ensure,' 'must limit,' 'in accordance with... including ensuring.'

Retrieval note

The order recites that the Comeback plan was 'developed with consideration of the Federal Guidelines' (Opening Up America Again, Apr. 16, 2020), an incorporation of federal guidance by recital.