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Ex. WV-001 Order Primary source read

Proclamation (State of Emergency)

A Proclamation by the Governor declaring a State of Emergency in all fifty-five counties

Governor Jim Justice · West Virginia (State)

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The record

Jurisdiction
West Virginia
Level
State
Authority
W. Va. Code 15-5-1 et seq.; 15-5-6 (proclamation of a state of emergency; emergency powers); 46A-6J-3 (price gouging)
Issued
2020-03-16 Mar. 16, 2020
Effective
2020-03-16
End
Terminated by Proclamation of Nov. 12, 2022 effective Jan. 1, 2023 (recited in Insurance Commissioner Emergency Order 23-EO-01 paragraph 5, Ex. WV-079) (read as 2022-11-12)
In force
Mar. 16, 2020 to Nov. 12, 2022
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Emergency declarationSupply chain
Addressees
  • all state agencies
  • DHHR
  • Division of Homeland Security and Emergency Management
  • National Guard
  • any person, business, or other entity selling food, essential consumer items and emergency supplies
Functions reached
  • predicate for all orders
  • SC supply chain (price controls on essential consumer items)
  • OF (agency rule suspensions)
Collection
West Virginia WV

Operative words

do hereby FIND AND DECLARE that a State of Emergency does exist in [all fifty-five counties]... said State of Emergency to remain in effect unless terminated by subsequent Proclamation. I therefore INVOKE the emergency powers set forth in section six, article five, chapter fifteen of the Code of West Virginia... Further, I hereby ORDER that it is unlawful for any person, business, or other entity to sell any food items, essential consumer items, and emergency supplies in a manner that violates the provisions of section three, article six J, chapter forty-six A of the Code of West Virginia. Finally, I hereby DELEGATE to all state agencies the ability to suspend rules, if strict compliance therewith would in any way prevent, hinder or delay necessary action in coping with the emergency.

Enforcement

Price-gouging prohibition under W. Va. Code 46A-6J-3 (recited); the proclamation is the legal predicate for every executive order under W. Va. Code 15-5-6

Notes

Recites the State of Preparedness of March 4, 2020. Every executive order from EO 2-20 through EO 23-21 and EO 7-22 recites this proclamation as its predicate; EO 23-21 (July 20, 2021) and EO 7-22 (Oct. 5, 2022) confirm it remained in force through the third quarter of 2021 and beyond.

Retrieval note

Read by OCR of the Governor's posted scan. The termination proclamation itself was not located in the Secretary of State Executive Journal sweeps (see WV-068).