The Record
The States
North Dakota

The States

North Dakota

Name: North Dakota: governmental orders, March 2020 through September 2021
Creator: The COVID Project

The North Dakota file holds 79 instruments from the State's governor, health authorities, courts and agencies, 79 of them with the exhibit file held by The COVID Project. 111 records in the Library resolve to North Dakota in all, counting its metros, the agency clusters and the standing duties.

Code NDFirst closure or stay-at-home order Mar. 20, 2020 Ex. ND-005End of general restrictions May 22, 2020Orders reaching 2021 Q3 5Primary source read 78 Confirmed from a secondary source 1

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The record in brief

North Dakota governed the pandemic through three instruments with the force of law: the Governor's executive orders under N.D.C.C. ch. 37-17.1 (which recite that 'Executive Orders have the force and effect of law under NDCC § 37-17.1-05(2)' and that violations are 'an infraction and subject to a one-thousand dollar fine', with 'all local, county and state law enforcement officers... authorized and directed to enforce'), the State Health Officer's disease-control orders under N.D.C.C. § 23-01-05(12) (enforced by the class B misdemeanor of § 23-07.6-02(3) and the infraction of § 23-07-21(1)), and the Supreme Court's administrative orders under N.D.C.C. § 27-02-27. Governor Burgum declared the state of emergency on March 13, 2020 (EO 2020-03, Ex. ND-001) and rescinded it on April 30, 2021 (EO 2021-09, Ex. ND-081). 2020 Q2 (with the March 13-31, 2020 run-up): EO 2020-04 closed every K-12 school from March 16 (Ex. ND-002); EO 2020-10 kept them closed 'until further notice' with distance learning compelled by April 1 and State aid conditioned on approved plans (Ex. ND-010), and the schools stayed closed to students through the end of the 2019-20 year. EO 2020-06 (March 19; effective noon March 20) closed every restaurant, bar, brewery and cafe to on-site patrons (take-out, delivery, curbside and off-sale permitted), closed every recreational facility, health club, athletic facility, theater and music or entertainment venue, directed all State agencies 'to accelerate the transition of non-essential staff members to remote, in-home worksite', and limited the Capitol and all State facilities to appointment-only access (Ex. ND-005); EO 2020-06.1 (March 27) added every salon, barber shop, tattoo, tanning and massage business from March 28 and the enforcement clause (Ex. ND-013); EOs 2020-06.2 and 06.3 carried the closures through April 30, 2020 (Exs. ND-017, ND-028). The State Health Officer's Confinement Order 2020-02 (March 28) quarantined for fourteen days everyone returning from international travel and from domestic hot spots (Ex. ND-014), and Order 2020-02.1 (April 8) quarantined 'any person who enters North Dakota traveling from another state or country, and who is not merely passing through' for fourteen days or the length of the visit, exempting only commuters, outdoor recreation and essential critical infrastructure workers (Ex. ND-021); the travel quarantine ran, narrowed to international travel from the summer, until Order 2020-02.4 revoked it on September 21, 2020 (Ex. ND-056). Isolation of positives (Orders 2020-05, 05.1, 05.2) and fourteen-day quarantine of household contacts (Order 2020-06) were compelled by order, with essential critical infrastructure workers exempt while asymptomatic (Exs. ND-019, ND-022, ND-026, ND-060). EO 2020-22 suspended long-term care visitation and excluded non-essential personnel and volunteers from April 6, 2020 (Ex. ND-020), modified to a phased Vulnerable Population Protection Plan on June 5, 2020 (Ex. ND-048) and rescinded March 12, 2021. The Supreme Court's Administrative Order 25 suspended all jury trials from March 16 to July 1, 2020, and AO 27 suspended eviction proceedings (Exs. ND-085, ND-086). Reopening began May 1, 2020 under EO 2020-06.4 as a conditional licence: the closed industries could reopen only if the ND Smart Restart standards 'must be adopted and rigorously followed' (restaurants and bars at 50 percent capacity with tables of ten and no standing at bars; salons with masked employees and spaced stations; fitness centers at one participant per 144 square feet without group sports; theaters at 20 then 65 percent), arenas and music and entertainment venues stayed closed until May 15, and State employees continued to telework (Exs. ND-034 to ND-043). EO 2020-06.7 (May 22, 2020) converted the standards to 'strongly encouraged' and reopened State facilities on June 1 with wellness screening: that is the instrument that ended the general business restrictions of 2020 (Ex. ND-045). 2020 Q3: the State emergency, the school-plan mandate of EO 2020-38 (every district must adopt a board-approved Health and Safety Plan before opening, Ex. ND-051), the travel quarantine to September 21, the isolation and household-quarantine orders, the phased long-term care restrictions, the driver-license grace regime (Exs. ND-049, ND-052) and the Smart Restart color-coded capacity recommendations (75 percent at green; 50 percent and a 250 cap at yellow in eight counties including Burleigh, Morton and Grand Forks from September 4, Ex. ND-053) were in force; a three-day statewide close-contact quarantine order was issued and revoked September 23-26 (Exs. ND-057, ND-058). 2020 Q4: on October 16 the State cut its recommended occupancy to 25 percent with a cap of 50 in sixteen 'high risk' counties including Cass (Ex. ND-059); Fargo's mayor imposed a citywide mask mandate under emergency powers on October 19 (Ex. ND-088); Grand Forks County's health officer issued an emergency mask order in November (Ex. ND-064); and on November 13 the State re-tightened: State Health Officer Order 2020-08 required face coverings in every indoor business and public setting from November 14 and made businesses responsible for compliance (Ex. ND-061), and EO 2020-43 (effective November 16) limited event venues to 25 percent of occupancy, bars and restaurants to 50 percent of licensed seating and 150 patrons with seated service only and in-person service only between 4:00 a.m. and 10:00 p.m., closed dance areas, and suspended all high school winter sports and K-12 extracurricular and community activities to December 14 (Exs. ND-062, ND-065, ND-067, ND-070). 2021 Q1: the mask order (extended by Order 2020-08.1) and the capacity limits (65 percent and 200 from January 8 under EO 2020-43.4) ran to 8:00 a.m. January 18, 2021, when EO 2020-43.5 rescinded them (Exs. ND-066, ND-072, ND-073, ND-074); the emergency and its residual orders continued. 2021 Q2: the Legislature enacted HB 1118 (April 22; statewide health-officer orders only during a declared emergency and only for its duration), HB 1175 (April 23; liability shield), HB 1323 (filed April 27; effective August 1: no statewide elected official or the State Health Officer may mandate masks) and HB 1465 (May 10; no State entity or private business may require patrons' vaccination documentation) (Exs. ND-078 to ND-082); EO 2021-09 ended the emergency and every remaining COVID-19 executive order on April 30, 2021 (Ex. ND-081). 2021 Q3: no State executive or health-officer order was in force; HB 1465 governed business admission practices and HB 1323 took effect August 1; North Dakota State University required face coverings in every classroom for the fall 2021 semester (Ex. ND-083); the State's own release of September 30, 2021 records hospital capacity 'reaching critical levels' (Ex. ND-084). North Dakota never preempted local orders: the State Health Officer's mask order expressly permitted political subdivisions to impose 'requirements beyond those contained in this Order', EO 2020-43 provided that 'More restrictive measures may be adopted by local government entities', and the Governor stated on January 15, 2021 that 'cities and counties may continue to have mask requirements in place, and the state supports those locally enacted protocols'.

The six quarters

What the record shows in force in North Dakota on the first day and the last day of each quarter. Every exhibit named here opens its record. The orders of March 13 to 31, 2020 belong to the second quarter of 2020, because wages paid after March 12, 2020 fall in that quarter.

Quarter	First day	Last day
2020 Q2Second quarter of 2020The quarter nationally →	April 1, 2020: state of emergency (ND-001); every restaurant, bar, brewery and cafe closed to on-site patrons, every recreational facility, health club, athletic facility, theater and entertainment venue closed, every salon, barber, tattoo, tanning and massage business closed, State staff ordered to remote worksites and State facilities appointment-only under EO 2020-06.2 through April 20 (ND-017; extended through April 30 by ND-028); all K-12 schools closed to students until further notice with compelled distance learning from April 1 (ND-010, ND-015); fourteen-day quarantine of all returning international travelers and travelers from domestic hot spots (ND-014), broadened April 8 to every person entering the State (ND-021); Supreme Court jury trials suspended and evictions suspended (ND-085, ND-086); health facility licensing suspended and telehealth compelled (ND-004, ND-006).	June 30, 2020: state of emergency; EO 2020-06.7 in force (industry standards 'strongly encouraged'; State facilities open since June 1 with wellness screening) (ND-045); schools closed to students for the year with summer programs only under DPI guidelines (ND-040, ND-044); travel quarantine in force for international travel (Order 2020-02.2, superseded July 28 by 02.3; ND-056); isolation and household-contact quarantine orders (ND-022, ND-026, ND-032); long-term care visitation restricted under the phased VP3 (ND-048); Smart Restart capacity recommendations at the green level (75 percent) (ND-047); AO 25 jury-trial suspension to July 1, 2020 (ND-085).
2020 Q3Third quarter of 2020The quarter nationally →	July 1, 2020: state of emergency; Smart Restart recommendations (green: 75 percent occupancy; large gatherings 75 percent up to 500) (ND-047); international-travel quarantine (Order 2020-02.2/02.3) (ND-056); isolation and household quarantine orders (ND-022, ND-026); VP3 long-term care restrictions (ND-048); driver-license and registration grace to Aug. 31 (ND-049); telehealth and licensing suspensions (ND-006, ND-018); jury trials resumed only from July 1 under AO 25 (ND-085).	September 30, 2020: state of emergency; EO 2020-38 Health and Safety Plan mandate governing every school (ND-051); travel quarantine revoked Sept. 21 (ND-056); close-contact quarantine order issued Sept. 23 and revoked Sept. 26 (ND-057, ND-058); household-contact quarantine and isolation orders in force (ND-026, ND-022); eight counties (Barnes, Benson, Burleigh, Grand Forks, McLean, Morton, Stark, Williams) at yellow with 50 percent and a 250-person recommendation since Sept. 4 (ND-053); VP3 restrictions (ND-048); phased driver-license renewal schedule (ND-052).
2020 Q4Fourth quarter of 2020The quarter nationally →	October 1, 2020: as at Sept. 30, plus the Governor's Oct. 1 quarantine-guidance exception for masked close contacts; Fargo's mayoral mask mandate followed on Oct. 19 (ND-088) and the State's Oct. 16 guideline cut to 25 percent occupancy and a 50-person cap in sixteen high-risk counties (ND-059).	December 31, 2020: state of emergency; State Health Officer Order 2020-08.1 requiring face coverings in every indoor business and public setting, businesses responsible for compliance (ND-066); EO 2020-43.2 as amended by 43.3: event venues 25 percent of occupancy under the tiered caps, bars and restaurants 50 percent of licensed seating and 150 patrons, seated service only, dance areas closed, masks for owners, staff and patrons, normal hours restored Dec. 22 (ND-067, ND-070); isolation order 2020-05.2 (ten days) and household quarantine (ND-060, ND-026); VP3 long-term care restrictions (ND-048); EO 2020-45 dealer relief (ND-069); Fargo mask mandate (ND-088); Grand Forks County health officer mask order (ND-064); district court jury-trial suspensions in three judicial districts from Nov. 20-25 and AO 33 face coverings (ND-087).
2021 Q1First quarter of 2021The quarter nationally →	January 1, 2021: identical to December 31, 2020 (masks statewide; 50 percent/150 and 25 percent capacity limits to Jan. 8; then 65 percent/200 and 50 percent under EO 2020-43.4 from Jan. 8) (ND-066, ND-067, ND-072).	March 31, 2021: state of emergency (ND-001) with residual orders: EO 2020-05.1 licensing and telehealth (ND-006), 2020-09 (ND-009), 2020-14/14.1 (ND-012, ND-024), 2020-16 remote meetings (ND-016), 2020-20/20.1 (ND-018), 2020-21.1/21.2 isolation and quarantine as directed by the State Health Officer (ND-025, ND-032), 2020-29 Medicaid (ND-030), 2020-38 school plans (ND-051), 2020-40 (ND-054), 2020-42 (ND-055), 2020-43.5 (ND-074); State Health Officer isolation order 2020-05.2 and household-quarantine order 2020-06 'effective until revocation' (ND-060, ND-026); mask order expired Jan. 18 and capacity limits rescinded Jan. 18 (ND-073, ND-074); long-term care visitation orders rescinded Mar. 12 (ND-048); court AO 33 face coverings (ND-087).
2021 Q2Second quarter of 2021The quarter nationally →	April 1, 2021: as at March 31, 2021 (state of emergency and residual orders; no statewide business or mask restrictions) (ND-001, ND-077).	June 30, 2021: no state of emergency (rescinded Apr. 30, EO 2021-09, ND-081); no State executive or health-officer order; HB 1118 in force (ND-078); HB 1175 in force (ND-079); HB 1465 in force since May 10 barring vaccination-documentation requirements by State entities and private businesses (ND-082); HB 1323 enacted and awaiting its Aug. 1 effective date (ND-080); the federal layer (CDC conveyance mask order, TSA directives, OSHA Healthcare ETS from June 21, 2021, CMS conditions) governed transit, health care and federal facilities in the State.
2021 Q3Third quarter of 2021The quarter nationally →	July 1, 2021: no State order; HB 1465 (ND-082) and HB 1118 (ND-078) in force; federal instruments in force; local school boards and the University System setting fall 2021 rules.	September 30, 2021: no State order; HB 1323 in force since Aug. 1 (ND-080); HB 1465 (ND-082); NDSU classroom face-covering requirement for the fall semester (ND-083); State and hospital leaders' Sept. 30 statement that hospital capacity was 'reaching critical levels' (ND-084); federal instruments (CDC conveyance mask order and TSA SD 1582/84-21-01 series; OSHA Healthcare ETS, 29 C.F.R. § 1910.502; CMS QSO memoranda and 42 C.F.R. § 483.80(h); FMCSA and DHS land-border notices on the Canadian border) in force in the State.

The end of general restrictions

The day the general business restrictions ended in North Dakota, the instrument that ended them, and what the record shows still in force afterward. The end of the general orders is not the end of the record: sector rules, standing duties and the federal layer continue past it.

End of general restrictions

May 22, 2020

2020-05-22 (mandatory business conditions); 2021-01-18 (winter capacity limits and mask order); 2021-04-30 (state of emergency and all residual executive orders)

Instrument Spring 2020: Executive Order 2020-06.7 (May 22, 2020), converting the mandatory ND Smart Restart reopening conditions of EO 2020-06.4 to 'strongly encouraged' and reopening State facilities June 1, 2020 (the closure orders themselves expired April 30, 2020 under EO 2020-06.3). Winter 2020-21: Executive Order 2020-43.5 (Jan. 16, 2021), rescinding the venue and bar-restaurant capacity limits effective 8:00 a.m. January 18, 2021, the same morning State Health Officer Order 2020-08.1 (face coverings) expired at 12:01 a.m. Emergency layer: Executive Order 2021-09 (Apr. 30, 2021).

What remained in force

After May 22, 2020: the state of emergency; school closure and distance learning (EO 2020-10) through the school year and the Health and Safety Plan mandate for 2020-21 (EO 2020-38); the travel quarantine (to Sept. 21, 2020); isolation and household-quarantine orders; long-term care visitation restrictions under VP3 (to Mar. 12, 2021); appointment-only State facilities until June 1, 2020; driver-license and registration grace orders; Smart Restart capacity recommendations by county risk level; court emergency orders (jury trials suspended to July 1, 2020; evictions suspended under AO 27). After January 18, 2021: the state of emergency and residual orders (EOs 2020-05.1, 09, 14, 14.1, 16, 20, 21.1, 21.2, 29, 38, 40, 42, 08.3, 43.5), the State Health Officer isolation (2020-05.2) and household-quarantine (2020-06) orders 'effective until revocation', long-term care VP3 restrictions to March 12, 2021, court AO 33 face coverings, local mask mandates (Fargo; Grand Forks County). After April 30, 2021: HB 1118 and HB 1465 (from May 10, 2021), HB 1323 (from Aug. 1, 2021), the federal layer, campus and school-district requirements, tribal orders.

Preemption of local orders

None during the period of State orders. State Health Officer Order 2020-08 ¶ 10 (Nov. 13, 2020) and Order 2020-08.1 ¶ 10 (Dec. 9, 2020): 'Nothing in this Order should be construed to prohibit or prevent political subdivisions from implementing, within their jurisdictions and pursuant to applicable law and authority, requirements beyond those contained in this Order. Political subdivisions may not relax or reduce this Order's requirements.' EO 2020-43 and its amendments: 'More restrictive measures may be adopted by local government entities.' EO 2020-14.1 (Apr. 9, 2020) preserved 'the authority of local health officers to issue confinement orders' and of local boards of health 'to adopt quarantine and sanitary measures'. Governor's release of Jan. 15, 2021: 'cities and counties may continue to have mask requirements in place, and the state supports those locally enacted protocols'; release of Apr. 21, 2021: 'local measures or orders may still be in place'. Legislative limits of 2021 reach the State, not its subdivisions: HB 1118 (Apr. 22, 2021) confines statewide State Health Officer orders to a declared emergency and requires county-limited orders otherwise; HB 1323 (effective Aug. 1, 2021) provides that 'A statewide elected official or the state health officer may not mandate an individual in this state use a face mask', naming no city, county, school district or university. HB 1465 (May 10, 2021) bars 'a state government entity [and] any of its subdivisions' and private businesses from requiring vaccination documentation, except during a declared emergency and except for health care providers; the State Board of Higher Education is carved out to the extent it adopts its own documentation policies.

Third quarter of 2021

July 1 through September 30, 2021, the last claimable quarter: the instruments the record shows in force in North Dakota. An order in force on any day of the quarter is an order in force during it. The quarter nationally →

In force (7)

ND-082 HB 1465 (eff. May 10, 2021): no State entity or subdivision and no private business may require patrons' vaccination documentation (health care providers excepted)
ND-080 HB 1323 (eff. Aug. 1, 2021): no statewide elected official or the State Health Officer may mandate face coverings (a limit on the State, leaving local and campus requirements lawful)
ND-078 HB 1118 (eff. Apr. 22, 2021): statewide State Health Officer orders only during a declared emergency (the structural reason no statewide health-officer order existed in Q3 2021)
ND-083 North Dakota State University fall 2021 face-covering requirement in all classroom settings (State institution; Fargo)
ND-084 Governor's and hospital leaders' Sept. 30, 2021 statement of hospital capacity 'reaching critical levels' (facts and circumstances; no State order)
Federal layer in force in North Dakota: CDC conveyance mask order, 86 Fed. Reg. 8025, and TSA SD 1582/84-21-01A/-01B (airports in Fargo, Bismarck, Grand Forks, Minot, Williston, Dickinson, Jamestown, Devils Lake; intercity buses); OSHA COVID-19 Healthcare ETS, 29 C.F.R. § 1910.502 (June 21, 2021; compliance July 6 and 21, 2021), binding every hospital, clinic, nursing home and home health agency; CMS QSO-20-39-NH (rev. Apr. 27, 2021) and 42 C.F.R. § 483.80(h) staff testing; the DHS land-border notices closing the Canadian ports of entry to non-essential travel through Oct. 21, 2021 (the Governor's own releases of July 21, Aug. 21 and Sept. 22, 2021 object to each extension); CDC eviction moratorium to Aug. 26, 2021; Safer Federal Workforce Task Force rules at federal installations (Minot and Grand Forks Air Force Bases)
Local and tribal instruments known to exist but not verified in this session (describe by category only): school-district face-covering requirements adopted for the 2021-22 year in the Fargo metropolitan area; tribal governments' mask requirements and quarantine rules on the Standing Rock, Turtle Mountain, Spirit Lake and Fort Berthold reservations (the Standing Rock Sioux Tribe's site carried 'SRST Isolation and Updated Quarantine Guidelines' in September 2021)

Sector chronology

How the orders reached each kind of business in North Dakota, sector by sector, in the order the record gives. Open a sector to read its chronology; every exhibit named opens its record.

Restaurants and bars

Closed to on-site patrons noon Mar. 20-Apr. 30, 2020 (EO 2020-06, 06.1, 06.2, 06.3; off-sale, take-out, curbside and delivery permitted); reopened May 1 only under mandatory Smart Restart standards (50 percent capacity, tables of ten, no standing at bars, six feet between groups, four-hour daily closure for cleaning) (EO 2020-06.4; ND-035); standards 'strongly encouraged' from May 22 (EO 2020-06.7); recommended 75 percent at green from June 1, 50 percent and 250 cap at yellow in eight counties from Sept. 4, 25 percent and 50 cap in sixteen high-risk counties from Oct. 16 (recommendations); mandatory 50 percent of licensed seating and 150 patrons, seated service only, in-person service 4:00 a.m.-10:00 p.m., dance areas closed, masks Nov. 16, 2020-Jan. 7, 2021 (EO 2020-43 to 43.3; hours restored Dec. 22); 65 percent and 200 patrons Jan. 8-18, 2021 (EO 2020-43.4); all limits rescinded 8:00 a.m. Jan. 18, 2021 (EO 2020-43.5); Fargo mask mandate from Oct. 19, 2020 and Fargo's alcohol-retail moratorium extension tied to the City emergency (ND-088).

Retail

No statewide closure of retail; Smart Restart Standards for All Industries mandatory for reopening industries May 1-22, 2020 and recommended for all others (occupancy limited to six-foot distancing, marked lines, signage, contactless payment); recommended occupancy caps by county risk level Oct. 16, 2020 onward; statewide mask order binding every indoor business with a duty on the business to require masks of workers, customers and visitors Nov. 14, 2020-Jan. 18, 2021 (Orders 2020-08, 08.1); HB 1465 bars vaccination-proof entry requirements from May 10, 2021.

Personal care

Salons, barbers, cosmetologists, estheticians, manicurists, tattoo, body art, tanning and massage closed 12:00 a.m. Mar. 28-Apr. 30, 2020 (EO 2020-06.1, 06.2, 06.3); reopened May 1 only under mandatory standards (employees must wear masks at all times, clients to the extent possible, spaced stations, appointment systems) (EO 2020-06.4 ¶¶ 2-4; ND-036); recommended 50 percent of certificate of occupancy at moderate and 75 percent at low risk (Smart Restart plan); statewide masks Nov. 14, 2020-Jan. 18, 2021 (service exception only for the client while receiving a service that cannot be performed masked).

Fitness and entertainment

Recreational facilities, health clubs, athletic facilities, theaters, movie theaters and music or entertainment venues closed noon Mar. 20-Apr. 30, 2020; fitness centers and movie theaters reopened May 1 under mandatory standards (one participant per 144 square feet, no group sports over ten, no high-exhalation classes, no 24-hour access; theaters 20 then 65 percent with two empty seats between parties) (ND-037, ND-043); arenas and music and entertainment venues remained closed until May 15, 2020 (EO 2020-06.4 ¶ 9, 06.6 ¶ 10); all high school winter sports and all association, community and club sports for youth and adults suspended Nov. 16-Dec. 14, 2020 with practices suspended to Nov. 30 (EO 2020-43, 43.1).

Hotels and short-term rentals

No lodging closure; the travel quarantine confined every non-exempt person entering the State from another state or country for fourteen days or the length of the visit from Apr. 8, 2020 (international and hot-spot travelers from Mar. 28), with hotels, motels and rented lodging named as places of confinement (Orders 2020-02, 02.1, 02.2, 02.3 to Sept. 21, 2020); banquet, ballroom and event venues limited to 25 percent (Nov. 16, 2020-Jan. 7, 2021) and 50 percent (Jan. 8-18, 2021) with seated food and beverage service only; Smart Restart gathering tiers governed group business as recommendations from May 2020.

Offices and telework

State telework mandate: 'All state agencies and offices are directed to accelerate the transition of non-essential staff members to remote, in-home worksite' (EO 2020-06 ¶ 3, Mar. 19, 2020, continued through Apr. 30 by 06.2 and 06.3); 'All state employees who have been teleworking since March 20, 2020, will continue to telework until further notice' (EO 2020-06.4 ¶ 10, 06.5 ¶ 11, 06.6 ¶ 11); from June 1, 2020 State employees 'may continue to telework or may return to work at state facilities, subject to the ND Smart Restart state facility protocols' (EO 2020-06.7 ¶ 11); State Capitol and all State facilities appointment-only Mar. 20-May 31, 2020, reopened June 1 with wellness screening; open-meeting and agency-hearing statutes suspended for remote proceedings (EOs 2020-16, 2020-25, 2020-11). No private-sector telework order; the Smart Restart Standards for All Industries governed private offices that reopened closed functions.

Manufacturing

No statewide closure; entire workforces confined by State Health Officer confinement orders after workplace exposure (LM Power (ND), Inc., Grand Forks, fourteen days from Apr. 16, 2020; ND-031); household-contact quarantine and isolation orders removed exposed and infected workers for fourteen and ten days throughout 2020 and to Apr. 30, 2021; the State's own finding of supply-chain disruption (EO 2020-11); standards recommended; masks required in every indoor business Nov. 14, 2020-Jan. 18, 2021.

Construction

No statewide closure or job-site order; the Smart Restart Standards for All Industries (distancing, screening, sanitation) recommended; NDDOT in-person hearings suspended and highway load restrictions lifted for supply-chain relief (EO 2020-11, Mar. 24-Dec. 18, 2020); Public Service Commission permit hearings moved to remote means (EO 2020-25, Apr. 8, 2020-Feb. 19, 2021); local building offices under appointment-only access in the spring of 2020 (State facilities by order; local practice not verified).

Real estate

Eviction proceedings suspended statewide by Supreme Court AO 27 from March 2020 (hearing deadline extended to 45 days; testimony by electronic means), repealed effective Apr. 1, 2021; the mask order forbade landlords from requiring masks in living units but required accommodation processes in common areas and required 'workers entering another person's living unit for a business purpose' to mask; State land auctions moved to remote means (EO 2020-25); no showing or recorder-closure order located.

Hospitals and long-term care

Facility licensing rules suspended and replaced by State Health Officer emergency requirements (EO 2020-05, Mar. 19, 2020); long-term care visitation suspended and non-essential personnel and volunteers excluded Apr. 6, 2020 (EO 2020-22), phased under the Vulnerable Population Protection Plan from June 5, 2020 (EO 2020-22.1), rescinded Mar. 12, 2021; isolation orders on positives with the Nov. 9, 2020 exemption allowing asymptomatic positive health care workers to staff COVID units (Order 2020-05.2); Medicaid disaster amendments and Appendix K (EO 2020-29); workers' compensation presumption for first responders, health care and funeral workers (EO 2020-12 series, to Feb. 22, 2021); OSHA Healthcare ETS from June 21, 2021; Sept. 30, 2021 State statement of critical hospital capacity.

Dental and elective health care

No statewide order suspending elective or dental procedures was located; the State suspended live-patient dental licensing examinations because they could not proceed (EO 2020-40, Sept. 3, 2020); telehealth compelled and cost sharing waived (EO 2020-05.1, Mar. 20, 2020, through Apr. 30, 2021; parity codified by HB 1465 § 2); out-of-state licensure suspended (EO 2020-05); in-person continuing education and fingerprint checks suspended (EO 2020-20); the statewide mask order excused the patient only during a dental or medical procedure that could not be performed masked (Order 2020-08 ¶ 6(h)).

Schools

All K-12 schools closed Mar. 16-20, 2020 (EO 2020-04), then 'until further notice' with distance learning compelled by Apr. 1 (EO 2020-10, 10.1) through the 2019-20 year; graduations permitted under DPI guidelines from May 6; summer programs from June 1 under guidelines (EOs 2020-04.2, 04.3); every district required to adopt a board-approved Health and Safety Plan before opening 2020-21, with distance learning permitted under filed plans (EO 2020-38, July 15, 2020); high school winter sports and extracurricular activities suspended Nov. 16-Dec. 14, 2020 (EO 2020-43); substitute-teacher limits suspended (EO 2020-42); no State masking or quarantine order for 2021-22 (HB 1323 barred State mandates; local boards decided; district requirements in the Fargo area not verified in this session).

Child care

Never closed; re-regulated: DHS Modified Operating Procedures 'must be followed' by participating licensed and self-declared providers (distancing, group size, sanitation, staffing adjustments, daily health screening) with licensing inspection and training rules suspended (EO 2020-27, effective Apr. 2, 2020, to Dec. 18, 2020); school facilities authorized for K-5 child care of teachers and health, safety and lifeline workers (EO 2020-10.1).

Worship and gatherings

No statewide gathering cap by order in spring 2020; State recommendations of ten persons (recited in EOs 2020-16 and 2020-25) and the Smart Restart gathering tiers (50 percent up to 250 from May 15; 75 percent up to 500 from June 1; cut Sept. 4 and Oct. 16, 2020); banquet, ballroom, wedding and event venues limited by order to 25 percent of occupancy under the tiered caps Nov. 16, 2020-Jan. 7, 2021 and 50 percent Jan. 8-18, 2021 (EO 2020-43 to 43.4), with religious events, governmental meetings and academic instruction exempt from the venue limits; the mask order applied to religious services except while participating in the service with distancing.

Courts and public offices

Supreme Court AO 25: judicial emergency Mar. 16, 2020; all jury trials suspended to Apr. 24, then July 1, 2020; presumptive continuances; guardianship reviews suspended to June 1, 2020; AO 26-31 electronic-hearing procedures; district orders suspended jury trials again in the Northeast, Southwest and South Central districts from Nov. 20-25, 2020; AO 33 face coverings in courthouses (in force by Dec. 2020; repealed effective May 1, 2024); State Capitol and all State facilities appointment-only Mar. 20-May 31, 2020; NDDOT driver-license sites and in-person hearings closed or suspended with license and registration validity extended by order to Aug. 31 and then Dec. 31, 2020 (EOs 2020-07, 2020-11, 2020-36, 2020-36.1).

Travel and quarantine

State Health Officer Confinement Orders: 2020-02 (Mar. 28, 2020; international travel and domestic hot spots); 2020-02.1 (Apr. 8; any person entering from another state or country, not merely passing through, exempting commuters and essential critical infrastructure workers); 2020-02.2 (Apr.-May 2020; narrowed); 2020-02.3 (July 28; international travel); 2020-02.4 (Sept. 21, 2020; revoked). Isolation of positives (Orders 2020-05, 05.1, 05.2) and household-contact quarantine (Order 2020-06) throughout; close-contact quarantine by order Sept. 23-26, 2020; the Governor's Oct. 1, 2020 guidance excused masked close contacts. Canadian border: federal DHS notices closed the ports of entry to non-essential travel Mar. 21, 2020-Nov. 8, 2021 (federal exhibits; the Governor objected to the extensions of July 21, Aug. 21 and Sept. 22, 2021).

Face coverings

No statewide mask order before Nov. 14, 2020; mandatory Smart Restart standards required masked employees in salons and encouraged coverings for close-contact workers May 1-22, 2020; Fargo mayoral mandate Oct. 19, 2020 (no penalty); Grand Forks County health officer emergency mask order Nov. 2020; State Health Officer Order 2020-08 (Nov. 14, 2020) and 08.1 (Dec. 9, 2020) required face coverings in every indoor business and public setting and made businesses responsible, to 12:01 a.m. Jan. 18, 2021 (sixty-five days; an infraction under N.D.C.C. § 23-07-21(1)); EO 2020-43 required masks of owners, staff and patrons of venues, bars and restaurants; AO 33 required face coverings in courthouses; HB 1323 barred State mask mandates from Aug. 1, 2021 while leaving local, school and campus requirements untouched; NDSU required classroom face coverings for fall 2021.

Vaccination mandates

None issued by the State for health care workers or State employees. HB 1465 (May 10, 2021) prohibited State entities and their subdivisions from requiring vaccination documentation for access to property, funds or services and prohibited private businesses from requiring patrons' vaccination documentation (health care providers excepted; inapplicable during a declared emergency; EUA vaccines only). The State supported litigation against the federal contractor, OSHA and CMS mandates in October-November 2021 (Governor's releases of Oct. 29, Nov. 5 and Nov. 11, 2021; post-period). NDSU offered a $100 incentive for students fully vaccinated by Oct. 15, 2021.

Standing duties

The statutes, codes and penalty provisions of North Dakota that stood before March 2020 and ran through every claimable quarter. They are the reason nothing an employer did under the orders was voluntary. Read the North Dakota duties →

North Dakota's compulsion ran on four standing tracks, none written for COVID-19 and none dependent on the life of an executive order. First, the disease-control statutes. The State Health Officer held, throughout the claimable quarters, the power under N.D.C.C. 23-01-05(12) to 'issue any orders related to disease control measures deemed necessary to prevent the spread of communicable diseases' (recited verbatim in State Health Officer Order 2020-08, Ex. ND-061; the current text, as narrowed by HB 1118 in April 2021, is at Ex. DUT-ND-001); the Department's rules 'have the force and effect of law' (23-01-04); every local board of health 'may adopt such quarantine and sanitary measures as in its judgment tend to prevent the spread of such disease' and 'take such other measures as it deems necessary for the safety of the inhabitants' (23-07-06), and every place 'in which exists any contagious or infectious disease' is 'under the control and subject to the regulations of the local board of health' (23-07-13) (Ex. DUT-ND-002). The penalty section makes 'a person... guilty of an infraction' who 'violates or fails to obey... any order issued by any state, district, county, or municipal health officer' or 'any quarantine law or regulation' (23-07-21), and the confinement chapter commands that 'Persons subject to isolation or quarantine shall obey the health officer's rules and orders,' on pain of a class B misdemeanor (23-07.6-02(3); Ex. DUT-ND-003); confinement 'may include confinement to private homes or other private and public premises,' and the State Health Officer used it against an entire workforce (Ex. ND-031). Local boards of health hold rule, confinement, decontamination, sanitary and abatement powers, may order 'the owner or occupant' to abate 'any nuisance, source of filth, or cause of sickness' at the owner's expense, and a violation of 'any order, ordinance, or rule prescribed by any board of health or health officer' is a class B misdemeanor (23-35-08, -09, -13; Ex. DUT-ND-004). Second, the Emergency Services Act: the Governor's 'Executive orders, proclamations, and regulations have the force of law'; the Governor may 'Control ingress and egress in a designated disaster or emergency area, the movement of persons within the area, and the occupancy of premises therein'; and 'Any person who willfully violates any provision of an executive order or proclamation issued by the governor pursuant to this chapter is guilty of an infraction' (37-17.1-05(2), (6)(g), (8); Ex. DUT-ND-005), which every closure and capacity order recited as 'an infraction and subject to a one-thousand dollar fine' with 'All local, county and state law enforcement officers... authorized and directed to enforce' (Ex. ND-013, ND-017, ND-028, ND-038, ND-062). An infraction carries a fine of one thousand dollars and, on a third conviction within a year, sentencing as a class B misdemeanor; a class B misdemeanor carries thirty days and one thousand five hundred dollars for an individual and twenty thousand dollars for an organization (12.1-32-01, -01.1; Ex. DUT-ND-006). Third, the workplace duty. North Dakota has no State OSHA plan; every North Dakota employer was bound directly by 29 U.S.C. 654(a)(1) to furnish 'a place of employment which [is] free from recognized hazards that are causing or are likely to cause death or serious physical harm' (Ex. DUT-ND-008), by OSHA's COVID-19 guidance (Ex. FED-088, FED-089) and, for health care, by the Healthcare Emergency Temporary Standard from June 21, 2021 (Ex. SEC-04-014); and Workforce Safety and Insurance holds 'full power and jurisdiction over and supervision of every place of employment subject to this title' and 'may issue and enforce all rules and safety regulations' (65-03-01; Ex. DUT-ND-007). Fourth, the liability shield: HB 1175 (Apr. 23, 2021), retroactive to January 1, 2020, grants immunity for an act or omission 'in substantial compliance or... consistent with a federal or state statute, regulation, or order related to COVID-19 which was applicable to the person or activity at issue at the time of the alleged exposure' (Ex. ND-079), making compliance with the COVID-19 orders the legislated safe harbor for every claimable quarter. The sanitary code bound the businesses the orders closed or limited: every food and lodging establishment 'must be operated with strict regard for the health, safety, and comfort of its patrons,' on pain of a class B misdemeanor and license discipline (23-09-09, -18, -21, -22; Ex. DUT-ND-009), under the 2017 FDA Model Food Code adopted by reference (Ex. DUT-ND-012); an act or omission that 'endangers the comfort, repose, health, or safety of others' is a nuisance and maintaining a public nuisance is a class A misdemeanor (42-01-01, -15; Ex. DUT-ND-010); and every health officer 'shall order [the] removal' of 'any insanitary condition dangerous to public health' by written notice to 'the owner or agent of the property' (N.D. Admin. Code 33-06-03-02; Ex. DUT-ND-011). The reopening of May 1, 2020 was a licence on conditions: the ND Smart Restart standards 'must be adopted and rigorously followed' (Ex. ND-038), the standards themselves said 'Adhere to CDC Guidelines,' 'Limit the number of people occupying the facility,' 'Encourage use of cloth face coverings' and 'Restrooms... shall remain open' (Ex. ND-034), became 'strongly encouraged' on May 22, 2020 (Ex. ND-045), and returned as commands in November 2020: 'Businesses must require that all persons, including their workers, customers, and visitors, wear face coverings' (Ex. ND-061, ND-066) and seated service, closed dance areas and occupancy caps that 'must' be observed (Ex. ND-062). Each instrument is a governmental command or a governmental condition of operating; none is an election by the employer.

The question these duties answer

Whether the measures employers took beyond the four corners of the emergency orders were voluntary within Notice 2021-20 Q&A-14, or were the discharge of standing duties imposed by North Dakota and federal law.

By character

4 Sanitary code duty
3 Statutory duty
2 Order penalty
2 Workplace duty
1 Agency interpretation
1 Statutory authority

Exhibits

Ex. DUT-ND-001 Ex. DUT-ND-002 Ex. DUT-ND-003 Ex. DUT-ND-004 Ex. DUT-ND-005 Ex. DUT-ND-006 Ex. DUT-ND-007 Ex. DUT-ND-008 Ex. DUT-ND-009 Ex. DUT-ND-010 Ex. DUT-ND-011 Ex. DUT-ND-012 Ex. DUT-ND-013

The North Dakota duties, read in full 22 duty records in the Library →

On the calendar

Every dated instrument in the North Dakota file across the nineteen months from March 2020 through September 2021, in the order it took effect. A bar takes the color of the instrument's first limitation type and runs from its effective month through its end month; a fading edge marks an instrument whose end the record does not date. Point at a bar for its dates; open the bar for the record.

Emergency declaration 10Business closure 5Telework mandate 6Capacity limit 18Gathering cap 18Face-covering requirement 14Travel and quarantine 3Schools and child care 10Health care orders 13Curfew and hours 3Alcohol and bars 9Events and venues 7Courts and public offices 16Workplace rules 11Vaccination or testing 2Quarantine and isolation 13Supply chain 1Other 23

Instrument

2020 Q2

2020 Q3

2020 Q4

2021 Q1

2021 Q2

2021 Q3

Mar

Apr

May

June

July

Aug

Sept

Oct

Nov

Dec

Jan

Feb

Mar

Apr

May

June

July

Aug

Sept

Ex. ND-001 Executive Order 2020-03Governor Doug Burgum · Mar. 13, 2020

Executive Order 2020-03

Ex. ND-008 Executive Order 2020-08Governor Doug Burgum · Mar. 13, 2020

Executive Order 2020-08

Ex. ND-002 Executive Order 2020-04Governor Doug Burgum · Mar. 16, 2020

Executive Order 2020-04

Ex. ND-003 Executive Order 2020-04.1Governor Doug Burgum · Mar. 16, 2020

Executive Order 2020-04.1

Ex. ND-085 Administrative Order 25, Coronavirus Pandemic (Declaration of Judicial…North Dakota Supreme Court (Jensen, C.J.) · Mar. 16, 2020

Administrative Order 25…

Ex. ND-086 North Dakota Court System, 'Emergency Order and Pandemic Response'…North Dakota Court System (Supreme Court and… · Mar. 16, 2020

North Dakota Court System…

Ex. ND-004 Executive Order 2020-05Governor Doug Burgum · Mar. 19, 2020

Executive Order 2020-05

Ex. ND-005 Executive Order 2020-06Governor Doug Burgum · Mar. 20, 2020

Executive Order 2020-06

Ex. ND-006 Executive Order 2020-05.1Governor Doug Burgum · Mar. 20, 2020

Executive Order 2020-05.1

Ex. ND-007 Executive Order 2020-07 (Mar. 20, 2020)Governor Doug Burgum · Mar. 20, 2020

Executive Order 2020-07…

Ex. ND-009 Executive Order 2020-09Governor Doug Burgum · Mar. 21, 2020

Executive Order 2020-09

Ex. ND-010 Executive Order 2020-10Governor Doug Burgum · Mar. 22, 2020

Executive Order 2020-10

Ex. ND-011 Executive Order 2020-11Governor Doug Burgum · Mar. 24, 2020

Executive Order 2020-11

Ex. ND-012 Executive Order 2020-14Governor Doug Burgum · Mar. 26, 2020

Executive Order 2020-14

Ex. ND-014 State Health Officer Confinement Order 2020-02State Health Officer Mylynn Tufte, North Dakota… · Mar. 28, 2020

State Health Officer…

Ex. ND-015 Executive Order 2020-10.1Governor Doug Burgum · Mar. 30, 2020

Executive Order 2020-10.1

Ex. ND-016 Executive Order 2020-16Governor Doug Burgum · Mar. 30, 2020

Executive Order 2020-16

Ex. ND-017 Executive Order 2020-06.2Governor Doug Burgum · Apr. 1, 2020

Executive Order 2020-06.2

Ex. ND-018 North Dakota EO 2020-20 (Apr. 3, 2020; to Apr. 30, 2021)Governor Doug Burgum · Apr. 3, 2020

North Dakota EO 2020-20…

Ex. ND-019 Executive Order 2020-21Governor Doug Burgum · Apr. 6, 2020

Executive Order 2020-21

Ex. ND-020 Executive Order 2020-22Governor Doug Burgum · Apr. 6, 2020

Executive Order 2020-22

Ex. ND-022 State Health Officer Confinement Order 2020-05State Health Officer Mylynn Tufte, North Dakota… · Apr. 8, 2020

State Health Officer…

Ex. ND-023 Executive Order 2020-25Governor Doug Burgum · Apr. 8, 2020

Executive Order 2020-25

Ex. ND-024 Executive Order 2020-14.1Governor Doug Burgum · Apr. 9, 2020

Executive Order 2020-14.1

Ex. ND-025 Executive Order 2020-21.1Governor Doug Burgum · Apr. 10, 2020

Executive Order 2020-21.1

Ex. ND-026 State Health Officer Confinement Order 2020-06State Health Officer Mylynn Tufte, North Dakota… · Apr. 10, 2020

State Health Officer…

Ex. ND-028 Executive Order 2020-06.3Governor Doug Burgum · Apr. 15, 2020

Executive Order 2020-06.3

Ex. ND-029 Executive Order 2020-12.1Governor Doug Burgum · Apr. 16, 2020

Executive Order 2020-12.1

Ex. ND-031 State Health Officer Confinement Order (LM Power (ND), Inc., Grand…State Health Officer Mylynn Tufte, North Dakota… · Apr. 16, 2020

State Health Officer…

Ex. ND-030 Executive Order 2020-29Governor Doug Burgum · Apr. 17, 2020

Executive Order 2020-29

Ex. ND-032 Executive Order 2020-21.2Governor Doug Burgum · Apr. 21, 2020

Executive Order 2020-21.2

Ex. ND-033 State Health Officer Order 2020-07State Health Officer Mylynn Tufte, North Dakota… · Apr. 26, 2020

State Health Officer Order…

Ex. ND-035 ND Smart Restart industry-specific standards: Restaurants, Bars…Department of Commerce and State Health Officer… · May 1, 2020

ND Smart Restart…

Ex. ND-036 ND Smart Restart industry-specific standards: Hair Salons…Department of Commerce and State Health Officer… · May 1, 2020

ND Smart Restart…

Ex. ND-037 ND Smart Restart industry-specific standards: Fitness CentersDepartment of Commerce and State Health Officer… · May 1, 2020

ND Smart Restart…

Ex. ND-043 ND Smart Restart industry-specific standards: Movie TheatersDepartment of Commerce and State Health Officer… · May 1, 2020

ND Smart Restart…

Ex. ND-039 Executive Order 2020-06.5Governor Doug Burgum · May 6, 2020

Executive Order 2020-06.5

Ex. ND-040 Executive Order 2020-04.2Governor Doug Burgum · May 11, 2020

Executive Order 2020-04.2

Ex. ND-041 ND Smart Restart Plan (version of May 15, 2020): color-coded health…Governor Doug Burgum; Department of Commerce… · May 15, 2020

ND Smart Restart Plan…

Ex. ND-042 Executive Order 2020-06.6Governor Doug Burgum · May 15, 2020

Executive Order 2020-06.6

Ex. ND-044 Executive Order 2020-04.3Governor Doug Burgum · May 19, 2020

Executive Order 2020-04.3

Ex. ND-045 Executive Order 2020-06.7Governor Doug Burgum · May 22, 2020

Executive Order 2020-06.7

Ex. ND-046 ND Smart Restart standards: Banquets, Ballrooms, Weddings and Event…Department of Commerce and State Health Officer… · May 29, 2020

ND Smart Restart standards…

Ex. ND-047 Governor's release, 'Burgum announces move to next phase of ND Smart…Office of Governor Doug Burgum (news release) · June 1, 2020

Governor's release, 'Burgum…

Ex. ND-048 Executive Order 2020-22.1Governor Doug Burgum · June 5, 2020

Executive Order 2020-22.1

Ex. ND-049 Executive Order 2020-36Governor Doug Burgum · June 23, 2020

Executive Order 2020-36

Ex. ND-050 Executive Order 2020-08.2Governor Doug Burgum · July 26, 2020

Executive Order 2020-08.2

Ex. ND-052 Executive Order 2020-36.1Governor Doug Burgum · Aug. 10, 2020

Executive Order 2020-36.1

Ex. ND-054 Executive Order 2020-40Governor Doug Burgum (for the Board of Dental… · Sept. 3, 2020

Executive Order 2020-40

Ex. ND-055 Executive Order 2020-42Governor Doug Burgum · Sept. 3, 2020

Executive Order 2020-42

Ex. ND-053 Governor's release, 'Burgum announces changes to COVID-19 risk levels…Office of Governor Doug Burgum (news release) · Sept. 4, 2020

Governor's release, 'Burgum…

Ex. ND-056 State Health Officer Order 2020-02.4Interim State Health Officer Paul Mariani, M.D.… · Sept. 21, 2020

State Health Officer Order…

Ex. ND-057 State Health Officer Confinement Order 2020-06.1Interim State Health Officer Paul Mariani, M.D.… · Sept. 23, 2020

State Health Officer…

Ex. ND-058 State Health Officer Order 2020-06.2State Health Officer Dirk D. Wilke, J.D.… · Sept. 26, 2020

State Health Officer Order…

Ex. ND-059 Governor's release, 'Burgum announces changes to county risk levels…Office of Governor Doug Burgum (news release) · Oct. 16, 2020

Governor's release, 'Burgum…

Ex. ND-088 Fargo Board of City Commissioners, Regular Meeting minutes of October…Mayor Timothy Mahoney (under the Mayoral… · Oct. 19, 2020

Fargo Board of City…

Ex. ND-060 State Health Officer Confinement Order 2020-05.2State Health Officer Dirk Wilke, J.D., M.B.A.… · Nov. 9, 2020

State Health Officer…

Ex. ND-063 Governor's release, 'Burgum announces new requirements for businesses…Office of Governor Doug Burgum (news release) · Nov. 14, 2020

Governor's release, 'Burgum…

Ex. ND-064 Grand Forks County Health Officer emergency order regarding masks…Grand Forks County Health Officer (Grand Forks… · Nov. 14, 2020

Grand Forks County Health…

Ex. ND-065 Executive Order 2020-43.1Governor Doug Burgum · Nov. 19, 2020

Executive Order 2020-43.1

Ex. ND-087 North Dakota Court System, 'Emergency Order and Pandemic Response'…North Dakota Court System (Supreme Court and… · Nov. 20, 2020

North Dakota Court System…

Ex. ND-066 State Health Officer Order 2020-08.1State Health Officer Dirk Wilke, J.D., M.B.A.… · Dec. 9, 2020

State Health Officer Order…

Ex. ND-067 Executive Order 2020-43.2 (Corrected)Governor Doug Burgum · Dec. 10, 2020

Executive Order 2020-43.2…

Ex. ND-068 Executive Order 2020-44Governor Doug Burgum · Dec. 18, 2020

Executive Order 2020-44

Ex. ND-069 Executive Order 2020-45Governor Doug Burgum (for NDDOT Motor Vehicle… · Dec. 18, 2020

Executive Order 2020-45

Ex. ND-070 Executive Order 2020-43.3Governor Doug Burgum · Dec. 22, 2020

Executive Order 2020-43.3

Ex. ND-071 Executive Order 2021-01Governor Doug Burgum · Jan. 7, 2021

Executive Order 2021-01

Ex. ND-072 Executive Order 2020-43.4Governor Doug Burgum · Jan. 8, 2021

Executive Order 2020-43.4

Ex. ND-073 Governor's release, 'Burgum urges vigilance to keep COVID-19 numbers…Office of Governor Doug Burgum (news release) · Jan. 18, 2021

Governor's release, 'Burgum…

Ex. ND-074 Executive Order 2020-43.5Governor Doug Burgum · Jan. 18, 2021

Executive Order 2020-43.5

Ex. ND-075 Executive Order 2021-04Governor Doug Burgum · Feb. 19, 2021

Executive Order 2021-04

Ex. ND-076 Executive Order 2021-05Governor Doug Burgum · Feb. 22, 2021

Executive Order 2021-05

Ex. ND-078 House Bill 1118 (2021), an emergency measureSixty-seventh Legislative Assembly (House Bill… · Apr. 22, 2021

House Bill 1118 (2021), an…

Ex. ND-077 Governor's release, 'Burgum to lift COVID-19 emergency declaration on…Office of Governor Doug Burgum (news release) · Apr. 30, 2021

Governor's release, 'Burgum…

Ex. ND-081 Executive Order 2021-09Governor Doug Burgum · Apr. 30, 2021

Executive Order 2021-09

Ex. ND-082 House Bill 1465 (2021), an emergency measureSixty-seventh Legislative Assembly (House Bill… · May 10, 2021

House Bill 1465 (2021), an…

Ex. ND-080 House Bill 1323 (2021)Sixty-seventh Legislative Assembly (House Bill… · Aug. 1, 2021

House Bill 1323 (2021)

Ex. ND-083 NDSU COVID-19 Updates: fall 2021 face-covering requirement (page as…North Dakota State University (institution of… · Aug. 23, 2021

NDSU COVID-19 Updates: fall…

Ex. ND-084 Governor's release, 'Strain on hospitals reaches tipping point…Office of Governor Doug Burgum (news release… · Sept. 30, 2021

Governor's release, 'Strain…

All instruments

Every record in the North Dakota file, in the order it took effect. Filter by quarter and by limitation type; sort by any column; open the exhibit ID for the record and the operative words, or the file where The COVID Project holds it.

Showing 79 of 79 instrumentsEvery record that resolves to North Dakota in the Library (111) →

Exhibit	Instrument	Issuer	Level	Effective	End	Quarters	Limitations	Source	File
Ex. ND-001	Executive Order 2020-03Declaration of a state of emergency in response to the public health crisis resulting from the novel…	Governor Doug Burgum	State	Mar. 13, 2020	Apr. 30, 2021	2020 Q22020 Q32020 Q42021 Q12021 Q2	Emergency declaration	Primary source read	PDF 122 KB
Ex. ND-008	Executive Order 2020-08Suspension of unemployment insurance work-registration, work-search and requalification requirements for…	Governor Doug Burgum	State	Mar. 13, 2020	Dec. 31, 2020	2020 Q22020 Q32020 Q4	Other	Primary source read	PDF 137 KB
Ex. ND-002	Executive Order 2020-04Closure of all K-12 schools, public and non-public, March 16-20, 2020	Governor Doug Burgum	State	Mar. 16, 2020	Mar. 20, 2020	2020 Q2	Emergency declarationSchools and child care	Primary source read	PDF 115 KB
Ex. ND-003	Executive Order 2020-04.1Amended school-closure order; exempts residential schools and residential treatment programs	Governor Doug Burgum	State	Mar. 16, 2020	Mar. 22, 2020	2020 Q2	Schools and child care	Primary source read	PDF 135 KB
Ex. ND-085	Administrative Order 25, Coronavirus Pandemic (Declaration of Judicial Emergency), adopted March 16, 2020, amended March 17, April 15, May 20 and June 9, 2020 (text as amended June 9, 2020)Statewide judicial emergency: civil and criminal jury trials suspended (to April 24, then July 1, 2020)…	North Dakota Supreme Court (Jensen, C.J.)	Court	Mar. 16, 2020	July 1, 2020	2020 Q22020 Q3	Gathering capCourts and public offices	Primary source read	PDF 138 KB
Ex. ND-086	North Dakota Court System, 'Emergency Order and Pandemic Response' page (as archived April 17, 2020)Court system's official summary of the March 16, 2020 Emergency Order as amended March 17 and April 15, 2020…	North Dakota Court System (Supreme Court and presiding judges)	Court	Mar. 16, 2020	Sept. 30, 2020	2020 Q22020 Q3	Gathering capCourts and public offices	Primary source read	PDF 403 KB
Ex. ND-004	Executive Order 2020-05Suspension of licensure requirements for out-of-state health care and behavioral health professionals and of…	Governor Doug Burgum	State	Mar. 19, 2020	Feb. 22, 2021	2020 Q22020 Q32020 Q42021 Q1	Health care ordersOther	Primary source read	PDF 129 KB
Ex. ND-005	Executive Order 2020-06Closure of restaurants, bars and on-site dining to on-sale/on-site patrons; closure of recreational…	Governor Doug Burgum	State	Mar. 20, 2020	Apr. 30, 2020	2020 Q2	Business closureTelework mandateAlcohol and barsEvents and venuesCourts and public offices	Primary source read	PDF 109 KB
Ex. ND-006	Executive Order 2020-05.1Amended licensure suspension; telehealth: audio-only permitted, insurers must cover virtual check-ins and…	Governor Doug Burgum	State	Mar. 20, 2020	Apr. 30, 2021	2020 Q22020 Q32020 Q42021 Q12021 Q2	Health care ordersOther	Primary source read	PDF 177 KB
Ex. ND-007	Executive Order 2020-07 (Mar. 20, 2020)State agencies to identify regulatory provisions hindering service delivery; expired driver's licenses and…	Governor Doug Burgum	State	Mar. 20, 2020	June 23, 2020	2020 Q2	Courts and public officesOther	Primary source read	PDF 131 KB
Ex. ND-009	Executive Order 2020-09Pharmacists authorized to provide 30-day emergency refills and administer COVID-19 tests; payers to eliminate…	Governor Doug Burgum	State	Mar. 21, 2020	Apr. 30, 2021	2020 Q22020 Q32020 Q42021 Q12021 Q2	Health care orders	Primary source read	PDF 100 KB
Ex. ND-010	Executive Order 2020-10All K-12 school facilities closed to students until further notice; distance learning plans due March 27…	Governor Doug Burgum	State	Mar. 22, 2020	May 1, 2020	2020 Q22020 Q32020 Q4	Schools and child care	Primary source read	PDF 127 KB
Ex. ND-011	Executive Order 2020-11NDDOT in-person administrative hearings suspended; load restrictions removed on all State highways to relieve…	Governor Doug Burgum	State	Mar. 24, 2020	Dec. 18, 2020	2020 Q22020 Q32020 Q4	Courts and public officesSupply chain	Primary source read	PDF 127 KB
Ex. ND-012	Executive Order 2020-14Suspension of N.D.C.C. ch. 23-07.6 confinement procedure, authorizing the State Health Officer to issue…	Governor Doug Burgum	State	Mar. 26, 2020	Apr. 9, 2020	2020 Q22020 Q32020 Q42021 Q12021 Q2	Emergency declarationTravel and quarantineQuarantine and isolation	Primary source read	PDF 92 KB
Ex. ND-014	State Health Officer Confinement Order 2020-02Fourteen-day quarantine of all persons returning from international travel and from domestic travel to areas…	State Health Officer Mylynn Tufte, North Dakota Department of Health	State	Mar. 28, 2020	Apr. 8, 2020	2020 Q2	Travel and quarantineQuarantine and isolation	Primary source read	PDF 198 KB
Ex. ND-015	Executive Order 2020-10.1Schools closed to students until further notice; school facilities may provide K-5 child care for K-12…	Governor Doug Burgum	State	Mar. 30, 2020	Dec. 18, 2020	2020 Q22020 Q32020 Q4	Schools and child care	Primary source read	PDF 133 KB
Ex. ND-016	Executive Order 2020-16Open-meetings law suspended to the extent it requires a physical meeting room and speakerphone when governing…	Governor Doug Burgum	State	Mar. 30, 2020	Apr. 30, 2021	2020 Q22020 Q32020 Q42021 Q12021 Q2	Gathering capCourts and public offices	Primary source read	PDF 95 KB
Ex. ND-017	Executive Order 2020-06.2Business closures, State telework and appointment-only access to State facilities extended through April 20…	Governor Doug Burgum	State	Apr. 1, 2020	Apr. 30, 2020	2020 Q2	Business closureTelework mandateAlcohol and barsCourts and public offices	Primary source read	PDF 134 KB
Ex. ND-018	North Dakota EO 2020-20 (Apr. 3, 2020; to Apr. 30, 2021)Nationwide criminal history check requirement for health licensure suspended while fingerprinting unavailable…	Governor Doug Burgum	State	Apr. 3, 2020	Apr. 30, 2021	2020 Q22020 Q32020 Q42021 Q12021 Q2	Health care ordersWorkplace rules	Primary source read	PDF 169 KB
Ex. ND-019	Executive Order 2020-21Fourteen-day self-quarantine ordered for all persons testing positive and for their household members; leaving…	Governor Doug Burgum	State	Apr. 6, 2020	Apr. 21, 2020	2020 Q22020 Q32020 Q42021 Q12021 Q2	Quarantine and isolation	Primary source read	PDF 112 KB
Ex. ND-020	Executive Order 2020-22Visitation in long-term care facilities (skilled nursing and basic care) suspended except end-of-life or…	Governor Doug Burgum	State	Apr. 6, 2020	June 5, 2020	2020 Q22020 Q32020 Q42021 Q1	Health care orders	Primary source read	PDF 94 KB
Ex. ND-022	State Health Officer Confinement Order 2020-05Isolation of all persons who test positive for COVID-19 for at least seven days after symptom onset and 72…	State Health Officer Mylynn Tufte, North Dakota Department of Health	State	Apr. 8, 2020	May 23, 2020	2020 Q22020 Q32020 Q42021 Q12021 Q2	Quarantine and isolation	Primary source read	PDF 140 KB
Ex. ND-023	Executive Order 2020-25Public Service Commission permit hearings and University and School Lands auctions may be held remotely…	Governor Doug Burgum	State	Apr. 8, 2020	Feb. 19, 2021	2020 Q22020 Q32020 Q42021 Q1	Gathering capCourts and public offices	Primary source read	PDF 100 KB
Ex. ND-024	Executive Order 2020-14.1Amended suspension of N.D.C.C. ch. 23-07.6: local health officers' confinement authority and local boards of…	Governor Doug Burgum	State	Apr. 9, 2020	Apr. 30, 2021	2020 Q22020 Q32020 Q42021 Q12021 Q2	Emergency declarationQuarantine and isolation	Primary source read	PDF 109 KB
Ex. ND-025	Executive Order 2020-21.1Positives ordered to self-isolate and household contacts to self-quarantine 'as directed by order of the State…	Governor Doug Burgum	State	Apr. 10, 2020	Apr. 21, 2020	2020 Q22020 Q32020 Q42021 Q12021 Q2	Quarantine and isolation	Primary source read	PDF 133 KB
Ex. ND-026	State Health Officer Confinement Order 2020-06Fourteen-day quarantine of all household contacts of persons who test positive; essential critical…	State Health Officer Mylynn Tufte, North Dakota Department of Health	State	Apr. 10, 2020	Sept. 23, 2020	2020 Q22020 Q32020 Q42021 Q12021 Q2	Quarantine and isolation	Primary source read	PDF 295 KB
Ex. ND-028	Executive Order 2020-06.3Business closures, State telework and appointment-only access to State facilities extended through Thursday…	Governor Doug Burgum	State	Apr. 15, 2020	Apr. 30, 2020	2020 Q2	Business closureTelework mandateAlcohol and barsCourts and public offices	Primary source read	PDF 128 KB
Ex. ND-029	Executive Order 2020-12.1Workers' compensation eligibility for COVID-19 extended to funeral directors and funeral home employees…	Governor Doug Burgum	State	Apr. 16, 2020	Feb. 22, 2021	2020 Q22020 Q32020 Q42021 Q1	Health care ordersOther	Primary source read	PDF 97 KB
Ex. ND-031	State Health Officer Confinement Order (LM Power (ND), Inc., Grand Forks)Fourteen-day quarantine of all persons employed by LM Power (ND), Inc., Grand Forks, after workplace exposure	State Health Officer Mylynn Tufte, North Dakota Department of Health	State	Apr. 16, 2020	Apr. 30, 2020	2020 Q2	Business closureWorkplace rulesQuarantine and isolation	Primary source read	PDF 54 KB
Ex. ND-030	Executive Order 2020-29Suspension of Medicaid and human-services statutes necessary to operate the Medicaid State Plan disaster…	Governor Doug Burgum	State	Apr. 17, 2020	Apr. 30, 2021	2020 Q22020 Q32020 Q42021 Q12021 Q2	Health care orders	Primary source read	PDF 120 KB
Ex. ND-032	Executive Order 2020-21.2Isolation and quarantine of positives and household contacts as directed by State Health Officer orders…	Governor Doug Burgum	State	Apr. 21, 2020	Apr. 30, 2021	2020 Q22020 Q32020 Q42021 Q12021 Q2	Quarantine and isolation	Primary source read	PDF 127 KB
Ex. ND-033	State Health Officer Order 2020-07COVID-19 declared a 'post-mortem communicable disease'; N.D. Admin. Code ch. 33-05-02 applies to every death…	State Health Officer Mylynn Tufte, North Dakota Department of Health	State	Apr. 26, 2020	Apr. 22, 2021	2020 Q22020 Q32020 Q42021 Q12021 Q2	Health care ordersWorkplace rules	Primary source read	PDF 866 KB
Ex. ND-035	ND Smart Restart industry-specific standards: Restaurants, Bars, Breweries, Distilleries, Food Trucks (updated Apr. 28, 2020)Capacity limited to 50 percent of normal operating capacity; six feet between groups; tables of ten; no…	Department of Commerce and State Health Officer (ND Smart Restart), mandatory under EO 2020-06.4 ¶ 6	State	May 1, 2020	May 22, 2020	2020 Q2	Capacity limitAlcohol and barsWorkplace rules	Primary source read	PDF 145 KB
Ex. ND-036	ND Smart Restart industry-specific standards: Hair Salons, Barbershops, Nail Salons, Tanning Salons, Waxing Studios and Other Cosmetology Related Businesses (updated Apr. 28, 2020)Employees must wear face masks at all times; clients to wear masks to the extent possible; six feet between…	Department of Commerce and State Health Officer (ND Smart Restart), mandatory under EO 2020-06.4 ¶ 2	State	May 1, 2020	May 22, 2020	2020 Q2	Capacity limitFace-covering requirementWorkplace rules	Primary source read	PDF 232 KB
Ex. ND-037	ND Smart Restart industry-specific standards: Fitness CentersGroup classes limited to one participant per 144 square feet; group sports over ten participants discontinued…	Department of Commerce and State Health Officer (ND Smart Restart), mandatory under EO 2020-06.4 ¶ 5	State	May 1, 2020	May 22, 2020	2020 Q2	Capacity limitGathering capWorkplace rules	Primary source read	PDF 245 KB
Ex. ND-043	ND Smart Restart industry-specific standards: Movie TheatersTheater capacity limited to 20 percent of normal operating capacity at the higher risk level, 65 percent per…	Department of Commerce and State Health Officer (ND Smart Restart), mandatory under EO 2020-06.4 ¶ 7 and 06.5/06.6 ¶ 7	State	May 1, 2020	May 22, 2020	2020 Q2	Capacity limitFace-covering requirementWorkplace rules	Primary source read	PDF 255 KB
Ex. ND-039	Executive Order 2020-06.5Re-issue of the reopening conditions; high school graduation ceremonies permitted under DPI Smart Restart…	Governor Doug Burgum	State	May 6, 2020	May 15, 2020	2020 Q2	Business closureTelework mandateCapacity limitGathering capSchools and child careWorkplace rules	Primary source read	PDF 193 KB
Ex. ND-040	Executive Order 2020-04.2School facilities may offer on-site summer programs from June 1, 2020 under the DPI K-12 Smart Restart health…	Governor Doug Burgum	State	May 11, 2020	May 19, 2020	2020 Q2	Schools and child care	Primary source read	PDF 126 KB
Ex. ND-041	ND Smart Restart Plan (version of May 15, 2020): color-coded health guidance (Red/Critical, Orange/High, Yellow/Moderate, Green/Low, Blue/New Normal) and industry capacity guidance by risk levelState reopening plan fixing the risk levels and the industry capacity guidance by level (e.g., banquets and…	Governor Doug Burgum; Department of Commerce; North Dakota Department of Health (ND Smart Restart plan)	State	May 15, 2020	Jan. 18, 2021	2020 Q22020 Q32020 Q42021 Q1	Capacity limitGathering capOther	Primary source read	PDF 1.4 MB
Ex. ND-042	Executive Order 2020-06.6Recreational and sports arenas and music and entertainment venues may begin to reopen under the ND Smart…	Governor Doug Burgum	State	May 15, 2020	May 22, 2020	2020 Q2	Telework mandateCapacity limitGathering capEvents and venuesCourts and public offices	Primary source read	PDF 198 KB
Ex. ND-044	Executive Order 2020-04.3School buildings may be used for limited summer programs and testing under DPI K-12 Smart Restart guidelines…	Governor Doug Burgum	State	May 19, 2020	Dec. 18, 2020	2020 Q22020 Q32020 Q4	Schools and child care	Primary source read	PDF 131 KB
Ex. ND-045	Executive Order 2020-06.7ND Smart Restart standards become 'strongly encouraged' for every industry; State Capitol and State facilities…	Governor Doug Burgum	State	May 22, 2020	Feb. 22, 2021	2020 Q22020 Q32020 Q42021 Q1	Telework mandateCourts and public officesWorkplace rulesOther	Primary source read	PDF 177 KB
Ex. ND-046	ND Smart Restart standards: Banquets, Ballrooms, Weddings and Event Venues (updated May 29, 2020)Event-venue standards: capacity limited to a percentage of normal operating capacity or a total cap by risk…	Department of Commerce and State Health Officer (ND Smart Restart)	State	May 29, 2020	Jan. 18, 2021	2020 Q22020 Q32020 Q42021 Q1	Capacity limitGathering capEvents and venues	Primary source read	PDF 239 KB
Ex. ND-047	Governor's release, 'Burgum announces move to next phase of ND Smart Restart plan' (May 29, 2020)Statewide move from moderate (yellow) to low (green) risk level effective June 1, 2020: recommended capacity…	Office of Governor Doug Burgum (news release)	State	June 1, 2020	Sept. 3, 2020	2020 Q22020 Q3	Capacity limitGathering capOther	Primary source read	PDF 162 KB
Ex. ND-048	Executive Order 2020-22.1Long-term care visitation may resume only under the phased approach of the Vulnerable Population Protection…	Governor Doug Burgum	State	June 5, 2020	Mar. 12, 2021	2020 Q22020 Q32020 Q42021 Q1	Health care orders	Primary source read	PDF 113 KB
Ex. ND-049	Executive Order 2020-36Driver's licenses and motor vehicle registrations expired on or after March 1, 2020 to be recognized through…	Governor Doug Burgum	State	June 23, 2020	Aug. 31, 2020	2020 Q22020 Q3	Courts and public offices	Primary source read	PDF 87 KB
Ex. ND-050	Executive Order 2020-08.2Unemployment work-registration and work-search requirements restored from July 26, 2020; employer non-charging…	Governor Doug Burgum	State	July 26, 2020	Dec. 31, 2020	2020 Q32020 Q4	Other	Primary source read	PDF 148 KB
Ex. ND-052	Executive Order 2020-36.1Phased driver's license renewal schedule (September 30, October 31, November 30, December 31, 2020) for…	Governor Doug Burgum	State	Aug. 10, 2020	Dec. 31, 2020	2020 Q32020 Q4	Courts and public offices	Primary source read	PDF 119 KB
Ex. ND-054	Executive Order 2020-40'Patient-based' requirement for dental clinical competency examinations suspended for initial dentist…	Governor Doug Burgum (for the Board of Dental Examiners)	Sector regulator	Sept. 3, 2020	Apr. 30, 2021	2020 Q32020 Q42021 Q12021 Q2	Health care ordersOther	Primary source read	PDF 87 KB
Ex. ND-055	Executive Order 2020-42Ten-consecutive-day limit on interim substitute teachers suspended where regularly licensed substitutes are…	Governor Doug Burgum	State	Sept. 3, 2020	Apr. 30, 2021	2020 Q32020 Q42021 Q12021 Q2	Schools and child careWorkplace rules	Primary source read	PDF 101 KB
Ex. ND-053	Governor's release, 'Burgum announces changes to COVID-19 risk levels for counties, appoints Mariani interim state health officer' (Sept. 3, 2020)Eight counties (Barnes, Benson, Burleigh, Grand Forks, McLean, Morton, Stark, Williams) moved to moderate…	Office of Governor Doug Burgum (news release)	State	Sept. 4, 2020	Oct. 14, 2020	2020 Q32020 Q4	Capacity limitGathering capOther	Primary source read	PDF 152 KB
Ex. ND-056	State Health Officer Order 2020-02.4Revocation of Confinement Order 2020-02.3 (July 28, 2020; quarantine after international travel); persons…	Interim State Health Officer Paul Mariani, M.D., North Dakota Department of Health	State	Sept. 21, 2020	Sept. 30, 2020	2020 Q3	Travel and quarantineQuarantine and isolation	Primary source read	PDF 31 KB
Ex. ND-057	State Health Officer Confinement Order 2020-06.1Fourteen-day quarantine of all close contacts (within six feet for a cumulative fifteen minutes in 24 hours)…	Interim State Health Officer Paul Mariani, M.D., North Dakota Department of Health	State	Sept. 23, 2020	Sept. 26, 2020	2020 Q3	Quarantine and isolation	Primary source read	PDF 1012 KB
Ex. ND-058	State Health Officer Order 2020-06.2Revocation of Order 2020-06.1 (close-contact quarantine); persons subject to it released	State Health Officer Dirk D. Wilke, J.D., M.B.A., North Dakota Department of Health	State	Sept. 26, 2020	Sept. 30, 2020	2020 Q3	Quarantine and isolation	Primary source read	PDF 507 KB
Ex. ND-059	Governor's release, 'Burgum announces changes to county risk levels, recommended gathering sizes to slow COVID-19' (Oct. 14, 2020)Revised ND Smart Restart guidelines effective Oct. 16, 2020, 5 p.m.: Critical (red) non-essential businesses…	Office of Governor Doug Burgum (news release)	State	Oct. 16, 2020	Nov. 16, 2020	2020 Q4	Capacity limitGathering capOther	Primary source read	PDF 110 KB
Ex. ND-088	Fargo Board of City Commissioners, Regular Meeting minutes of October 19, 2020: Mayoral mask mandate issued under emergency powers; Resolution Extending the Moratorium Pertaining to the Retail Sale of Alcoholic Beverages tied to the State of EmergencyFargo citywide mask mandate: 'every person within the City shall wear a face covering over the mouth and nose…	Mayor Timothy Mahoney (under the Mayoral Declaration of a State of Emergency of March 16, 2020, as approved and extended by the Board of City Commissioners); Fargo Board of City Commissioners	City	Oct. 19, 2020	Mar. 31, 2021	2020 Q42021 Q1	Emergency declarationFace-covering requirementAlcohol and bars	Primary source read	PDF 279 KB
Ex. ND-060	State Health Officer Confinement Order 2020-05.2Isolation of all positives for at least ten days after symptom onset and 24 hours fever-free; asymptomatic…	State Health Officer Dirk Wilke, J.D., M.B.A., North Dakota Department of Health	State	Nov. 9, 2020	Apr. 22, 2021	2020 Q42021 Q12021 Q2	Health care ordersQuarantine and isolation	Primary source read	PDF 121 KB
Ex. ND-063	Governor's release, 'Burgum announces new requirements for businesses, gatherings and masks, delays winter activities' (Nov. 13, 2020)Announcement of the statewide mask requirement and the capacity, hours and activity limits effective Nov. 14…	Office of Governor Doug Burgum (news release)	State	Nov. 14, 2020	Dec. 31, 2020	2020 Q4	Capacity limitGathering capFace-covering requirementCurfew and hours	Primary source read	PDF 258 KB
Ex. ND-064	Grand Forks County Health Officer emergency order regarding masks (November 2020), as noticed on the City of Grand Forks Public Health 'Health Officer Orders' pageCounty health officer emergency mask order for Grand Forks County	Grand Forks County Health Officer (Grand Forks Public Health)	County	Nov. 14, 2020	Dec. 31, 2020	2020 Q4	Face-covering requirement	Confirmed from a secondary source	PDF 99 KB
Ex. ND-065	Executive Order 2020-43.1Amended winter limits: dance areas closed and seated-service rule added for bars and restaurants; team…	Governor Doug Burgum	State	Nov. 19, 2020	Dec. 10, 2020	2020 Q4	Capacity limitGathering capFace-covering requirementSchools and child careCurfew and hoursAlcohol and barsEvents and venues	Primary source read	PDF 179 KB
Ex. ND-087	North Dakota Court System, 'Emergency Order and Pandemic Response' page (as archived December 1, 2020)Court system's summary as of December 2020: AO 33 Face Coverings; AO 25 amended through June 9, 2020; district…	North Dakota Court System (Supreme Court and presiding judges of the judicial districts)	Court	Nov. 20, 2020	Mar. 31, 2021	2020 Q42021 Q1	Gathering capFace-covering requirementCourts and public offices	Primary source read	PDF 448 KB
Ex. ND-066	State Health Officer Order 2020-08.1Statewide face-covering order re-issued and extended to January 18, 2021, 12:01 a.m.; same coverage, business…	State Health Officer Dirk Wilke, J.D., M.B.A., North Dakota Department of Health	State	Dec. 9, 2020	Jan. 18, 2021	2020 Q42021 Q1	Face-covering requirementWorkplace rules	Primary source read	PDF 183 KB
Ex. ND-067	Executive Order 2020-43.2 (Corrected)Venue (25 percent) and bar-restaurant (50 percent, 150 cap, 10:00 p.m. close, dance areas closed) limits…	Governor Doug Burgum	State	Dec. 10, 2020	Jan. 8, 2021	2020 Q42021 Q1	Capacity limitGathering capFace-covering requirementSchools and child careCurfew and hoursAlcohol and barsEvents and venues	Primary source read	PDF 192 KB
Ex. ND-068	Executive Order 2020-44Termination of thirty-one fulfilled COVID-19 executive orders (2020-04, 04.1, 06, 06.1, 06.2, 06.3, 06.4…	Governor Doug Burgum	State	Dec. 18, 2020	Dec. 31, 2020	2020 Q4	Emergency declarationOther	Primary source read	PDF 178 KB
Ex. ND-069	Executive Order 2020-45Minimum eight-vehicle sales requirement for automobile dealer license renewal suspended for the 2021 renewal…	Governor Doug Burgum (for NDDOT Motor Vehicle Division)	Sector regulator	Dec. 18, 2020	Dec. 31, 2020	2020 Q4	Other	Primary source read	PDF 94 KB
Ex. ND-070	Executive Order 2020-43.3In-person dining and service may resume normal business hours from 8:00 a.m. December 22, 2020; 50 percent/150…	Governor Doug Burgum	State	Dec. 22, 2020	Jan. 8, 2021	2020 Q42021 Q1	Capacity limitGathering capFace-covering requirementAlcohol and barsEvents and venues	Primary source read	PDF 163 KB
Ex. ND-071	Executive Order 2021-01Termination of EOs 2020-19.1 (school elections), 2020-36 and 2020-36.1 (driver's license and registration…	Governor Doug Burgum	State	Jan. 7, 2021	Mar. 31, 2021	2021 Q1	Courts and public officesOther	Primary source read	PDF 63 KB
Ex. ND-072	Executive Order 2020-43.4From 8:00 a.m. January 8, 2021: event venues limited to 50 percent of occupancy under the tiered caps; bars…	Governor Doug Burgum	State	Jan. 8, 2021	Jan. 18, 2021	2021 Q1	Capacity limitGathering capFace-covering requirementAlcohol and barsEvents and venues	Primary source read	PDF 164 KB
Ex. ND-073	Governor's release, 'Burgum urges vigilance to keep COVID-19 numbers trending downward as statewide mask requirement expires Monday' (Jan. 15, 2021)Mask order expires Jan. 18, 2021; capacity limits 'moving... to guidelines, or recommendations'; 'cities and…	Office of Governor Doug Burgum (news release)	State	Jan. 18, 2021	Mar. 31, 2021	2021 Q1	Capacity limitFace-covering requirementOther	Primary source read	PDF 138 KB
Ex. ND-074	Executive Order 2020-43.5Capacity limits and other restrictions on event venues and on bars, restaurants and food service rescinded…	Governor Doug Burgum	State	Jan. 18, 2021	Apr. 30, 2021	2021 Q12021 Q2	Capacity limitOther	Primary source read	PDF 84 KB
Ex. ND-075	Executive Order 2021-04Termination of EO 2020-25 (remote Public Service Commission hearings and land auctions)	Governor Doug Burgum	State	Feb. 19, 2021	Mar. 31, 2021	2021 Q1	Courts and public offices	Primary source read	PDF 68 KB
Ex. ND-076	Executive Order 2021-05Termination of EOs 2020-05 (licensure), 2020-12, 12.1, 12.2 (workers' compensation), 2020-26 (PPE transfers)…	Governor Doug Burgum	State	Feb. 22, 2021	Mar. 31, 2021	2021 Q1	Emergency declarationOther	Primary source read	PDF 142 KB
Ex. ND-078	House Bill 1118 (2021), an emergency measureState Health Officer statewide orders permitted only during a Governor-declared statewide emergency, with the…	Sixty-seventh Legislative Assembly (House Bill 1118); signed by Governor Burgum	State	Apr. 22, 2021	Sept. 30, 2021	2021 Q22021 Q3	Emergency declarationOther	Primary source read	PDF 58 KB
Ex. ND-077	Governor's release, 'Burgum to lift COVID-19 emergency declaration on April 30; vaccination efforts remain top priority' (Apr. 21, 2021)Announcement that the emergency declaration of March 13, 2020 ends April 30, 2021; 'The State of North Dakota…	Office of Governor Doug Burgum (news release)	State	Apr. 30, 2021	June 30, 2021	2021 Q2	Emergency declarationOther	Primary source read	PDF 71 KB
Ex. ND-081	Executive Order 2021-09Rescission of the COVID-19 public health emergency declared by EO 2020-03; all remaining COVID-19 executive…	Governor Doug Burgum	State	Apr. 30, 2021	June 30, 2021	2021 Q2	Emergency declaration	Primary source read	PDF 97 KB
Ex. ND-082	House Bill 1465 (2021), an emergency measureState entities and their subdivisions may not require vaccination documentation for access to State property…	Sixty-seventh Legislative Assembly (House Bill 1465); signed by Governor Burgum	State	May 10, 2021	Sept. 30, 2021	2021 Q22021 Q3	Health care ordersVaccination or testingOther	Primary source read	PDF 64 KB
Ex. ND-080	House Bill 1323 (2021)'A statewide elected official or the state health officer may not mandate an individual in this state use a…	Sixty-seventh Legislative Assembly (House Bill 1323); signed by Governor Burgum	State	Aug. 1, 2021	Sept. 30, 2021	2021 Q3	Face-covering requirementOther	Primary source read	PDF 51 KB
Ex. ND-083	NDSU COVID-19 Updates: fall 2021 face-covering requirement (page as archived Aug. 24, 2021)'Face coverings will be required in all classroom settings, and strongly recommended in all other indoor…	North Dakota State University (institution of the State Board of Higher Education)	State	Aug. 23, 2021	Sept. 30, 2021	2021 Q3	Face-covering requirementVaccination or testing	Primary source read	PDF 75 KB
Ex. ND-084	Governor's release, 'Strain on hospitals reaches tipping point; leaders urge public to help reduce need for hospitalization' (Sept. 30, 2021)State and hospital leaders warn 'that hospital capacity in North Dakota is reaching critical levels' on the…	Office of Governor Doug Burgum (news release, with chief medical officers of the State's largest hospitals)	State	Sept. 30, 2021	Sept. 30, 2021	2021 Q3	Health care ordersOther	Primary source read	PDF 253 KB
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Governor Doug Burgum, Executive Order 2020-03 (Mar. 13, 2020) (Ex. ND-001)
Governor Doug Burgum, Executive Order 2020-08 (Mar. 20, 2020) (Ex. ND-008)
Governor Doug Burgum, Executive Order 2020-04 (Mar. 15, 2020) (Ex. ND-002)
Governor Doug Burgum, Executive Order 2020-04.1 (Mar. 16, 2020) (Ex. ND-003)
North Dakota Supreme Court (Jensen, C.J.), Administrative Order 25, Coronavirus Pandemic (Declaration of Judicial Emergency), adopted March 16, 2020, amended March 17, April 15, May 20 and June 9, 2020 (text as amended June 9, 2020) (Mar. 16, 2020) (Ex. ND-085)
North Dakota Court System (Supreme Court and presiding judges), North Dakota Court System, 'Emergency Order and Pandemic Response' page (as archived April 17, 2020) (Apr. 17, 2020) (Ex. ND-086)
Governor Doug Burgum, Executive Order 2020-05 (Mar. 19, 2020) (Ex. ND-004)
Governor Doug Burgum, Executive Order 2020-06 (Mar. 19, 2020) (Ex. ND-005)
Governor Doug Burgum, Executive Order 2020-05.1 (Mar. 20, 2020) (Ex. ND-006)
Governor Doug Burgum, Executive Order 2020-07 (Mar. 20, 2020) (Ex. ND-007)
Governor Doug Burgum, Executive Order 2020-09 (Mar. 21, 2020) (Ex. ND-009)
Governor Doug Burgum, Executive Order 2020-10 (Mar. 22, 2020) (Ex. ND-010)
Governor Doug Burgum, Executive Order 2020-11 (Mar. 24, 2020) (Ex. ND-011)
Governor Doug Burgum, Executive Order 2020-14 (Mar. 26, 2020) (Ex. ND-012)
State Health Officer Mylynn Tufte, North Dakota Department of Health, State Health Officer Confinement Order 2020-02 (Mar. 28, 2020) (Ex. ND-014)
Governor Doug Burgum, Executive Order 2020-10.1 (Mar. 30, 2020) (Ex. ND-015)
Governor Doug Burgum, Executive Order 2020-16 (Mar. 30, 2020) (Ex. ND-016)
Governor Doug Burgum, Executive Order 2020-06.2 (Apr. 1, 2020) (Ex. ND-017)
Governor Doug Burgum, North Dakota EO 2020-20 (Apr. 3, 2020; to Apr. 30, 2021) (Ex. ND-018)
Governor Doug Burgum, Executive Order 2020-21 (Apr. 6, 2020) (Ex. ND-019)
Governor Doug Burgum, Executive Order 2020-22 (Apr. 6, 2020) (Ex. ND-020)
State Health Officer Mylynn Tufte, North Dakota Department of Health, State Health Officer Confinement Order 2020-05 (Apr. 8, 2020) (Ex. ND-022)
Governor Doug Burgum, Executive Order 2020-25 (Apr. 8, 2020) (Ex. ND-023)
Governor Doug Burgum, Executive Order 2020-14.1 (Apr. 9, 2020) (Ex. ND-024)
Governor Doug Burgum, Executive Order 2020-21.1 (Apr. 10, 2020) (Ex. ND-025)
State Health Officer Mylynn Tufte, North Dakota Department of Health, State Health Officer Confinement Order 2020-06 (Apr. 10, 2020) (Ex. ND-026)
Governor Doug Burgum, Executive Order 2020-06.3 (Apr. 15, 2020) (Ex. ND-028)
Governor Doug Burgum, Executive Order 2020-12.1 (Apr. 16, 2020) (Ex. ND-029)
State Health Officer Mylynn Tufte, North Dakota Department of Health, State Health Officer Confinement Order (LM Power (ND), Inc., Grand Forks) (Apr. 18, 2020) (Ex. ND-031)
Governor Doug Burgum, Executive Order 2020-29 (Apr. 17, 2020) (Ex. ND-030)
Governor Doug Burgum, Executive Order 2020-21.2 (Apr. 21, 2020) (Ex. ND-032)
State Health Officer Mylynn Tufte, North Dakota Department of Health, State Health Officer Order 2020-07 (Apr. 26, 2020) (Ex. ND-033)
Department of Commerce and State Health Officer (ND Smart Restart), mandatory under EO 2020-06.4 ¶ 6, ND Smart Restart industry-specific standards: Restaurants, Bars, Breweries, Distilleries, Food Trucks (updated Apr. 28, 2020) (Ex. ND-035)
Department of Commerce and State Health Officer (ND Smart Restart), mandatory under EO 2020-06.4 ¶ 2, ND Smart Restart industry-specific standards: Hair Salons, Barbershops, Nail Salons, Tanning Salons, Waxing Studios and Other Cosmetology Related Businesses (updated Apr. 28, 2020) (Ex. ND-036)
Department of Commerce and State Health Officer (ND Smart Restart), mandatory under EO 2020-06.4 ¶ 5, ND Smart Restart industry-specific standards: Fitness Centers (Apr. 28, 2020) (Ex. ND-037)
Department of Commerce and State Health Officer (ND Smart Restart), mandatory under EO 2020-06.4 ¶ 7 and 06.5/06.6 ¶ 7, ND Smart Restart industry-specific standards: Movie Theaters (May 15, 2020) (Ex. ND-043)
Governor Doug Burgum, Executive Order 2020-06.5 (May 6, 2020) (Ex. ND-039)
Governor Doug Burgum, Executive Order 2020-04.2 (May 11, 2020) (Ex. ND-040)
Governor Doug Burgum; Department of Commerce; North Dakota Department of Health (ND Smart Restart plan), ND Smart Restart Plan (version of May 15, 2020): color-coded health guidance (Red/Critical, Orange/High, Yellow/Moderate, Green/Low, Blue/New Normal) and industry capacity guidance by risk level (Ex. ND-041)
Governor Doug Burgum, Executive Order 2020-06.6 (May 15, 2020) (Ex. ND-042)
Governor Doug Burgum, Executive Order 2020-04.3 (May 19, 2020) (Ex. ND-044)
Governor Doug Burgum, Executive Order 2020-06.7 (May 22, 2020) (Ex. ND-045)
Department of Commerce and State Health Officer (ND Smart Restart), ND Smart Restart standards: Banquets, Ballrooms, Weddings and Event Venues (updated May 29, 2020) (Ex. ND-046)
Office of Governor Doug Burgum (news release), Governor's release, 'Burgum announces move to next phase of ND Smart Restart plan' (May 29, 2020) (Ex. ND-047)
Governor Doug Burgum, Executive Order 2020-22.1 (June 5, 2020) (Ex. ND-048)
Governor Doug Burgum, Executive Order 2020-36 (June 23, 2020) (Ex. ND-049)
Governor Doug Burgum, Executive Order 2020-08.2 (July 8, 2020) (Ex. ND-050)
Governor Doug Burgum, Executive Order 2020-36.1 (Aug. 10, 2020) (Ex. ND-052)
Governor Doug Burgum (for the Board of Dental Examiners), Executive Order 2020-40 (Sept. 3, 2020) (Ex. ND-054)
Governor Doug Burgum, Executive Order 2020-42 (Sept. 3, 2020) (Ex. ND-055)
Office of Governor Doug Burgum (news release), Governor's release, 'Burgum announces changes to COVID-19 risk levels for counties, appoints Mariani interim state health officer' (Sept. 3, 2020) (Ex. ND-053)
Interim State Health Officer Paul Mariani, M.D., North Dakota Department of Health, State Health Officer Order 2020-02.4 (Sept. 21, 2020) (Ex. ND-056)
Interim State Health Officer Paul Mariani, M.D., North Dakota Department of Health, State Health Officer Confinement Order 2020-06.1 (Sept. 23, 2020) (Ex. ND-057)
State Health Officer Dirk D. Wilke, J.D., M.B.A., North Dakota Department of Health, State Health Officer Order 2020-06.2 (Sept. 26, 2020) (Ex. ND-058)
Office of Governor Doug Burgum (news release), Governor's release, 'Burgum announces changes to county risk levels, recommended gathering sizes to slow COVID-19' (Oct. 14, 2020) (Ex. ND-059)
Mayor Timothy Mahoney (under the Mayoral Declaration of a State of Emergency of March 16, 2020, as approved and extended by the Board of City Commissioners); Fargo Board of City Commissioners, Fargo Board of City Commissioners, Regular Meeting minutes of October 19, 2020: Mayoral mask mandate issued under emergency powers; Resolution Extending the Moratorium Pertaining to the Retail Sale of Alcoholic Beverages tied to the State of Emergency (Oct. 19, 2020) (Ex. ND-088)
State Health Officer Dirk Wilke, J.D., M.B.A., North Dakota Department of Health, State Health Officer Confinement Order 2020-05.2 (Nov. 9, 2020) (Ex. ND-060)
Office of Governor Doug Burgum (news release), Governor's release, 'Burgum announces new requirements for businesses, gatherings and masks, delays winter activities' (Nov. 13, 2020) (Ex. ND-063)
Grand Forks County Health Officer (Grand Forks Public Health), Grand Forks County Health Officer emergency order regarding masks (November 2020), as noticed on the City of Grand Forks Public Health 'Health Officer Orders' page (Nov. 13, 2020) (Ex. ND-064)
Governor Doug Burgum, Executive Order 2020-43.1 (Nov. 19, 2020) (Ex. ND-065)
North Dakota Court System (Supreme Court and presiding judges of the judicial districts), North Dakota Court System, 'Emergency Order and Pandemic Response' page (as archived December 1, 2020) (Dec. 1, 2020) (Ex. ND-087)
State Health Officer Dirk Wilke, J.D., M.B.A., North Dakota Department of Health, State Health Officer Order 2020-08.1 (Dec. 9, 2020) (Ex. ND-066)
Governor Doug Burgum, Executive Order 2020-43.2 (Corrected) (Dec. 10, 2020) (Ex. ND-067)
Governor Doug Burgum, Executive Order 2020-44 (Dec. 18, 2020) (Ex. ND-068)
Governor Doug Burgum (for NDDOT Motor Vehicle Division), Executive Order 2020-45 (Dec. 18, 2020) (Ex. ND-069)
Governor Doug Burgum, Executive Order 2020-43.3 (Dec. 21, 2020) (Ex. ND-070)
Governor Doug Burgum, Executive Order 2021-01 (Jan. 7, 2021) (Ex. ND-071)
Governor Doug Burgum, Executive Order 2020-43.4 (Jan. 7, 2021) (Ex. ND-072)
Office of Governor Doug Burgum (news release), Governor's release, 'Burgum urges vigilance to keep COVID-19 numbers trending downward as statewide mask requirement expires Monday' (Jan. 15, 2021) (Ex. ND-073)
Governor Doug Burgum, Executive Order 2020-43.5 (Jan. 16, 2021) (Ex. ND-074)
Governor Doug Burgum, Executive Order 2021-04 (Feb. 19, 2021) (Ex. ND-075)
Governor Doug Burgum, Executive Order 2021-05 (Feb. 22, 2021) (Ex. ND-076)
Sixty-seventh Legislative Assembly (House Bill 1118); signed by Governor Burgum, House Bill 1118 (2021), an emergency measure (Apr. 22, 2021) (Ex. ND-078)
Office of Governor Doug Burgum (news release), Governor's release, 'Burgum to lift COVID-19 emergency declaration on April 30; vaccination efforts remain top priority' (Apr. 21, 2021) (Ex. ND-077)
Governor Doug Burgum, Executive Order 2021-09 (Apr. 30, 2021) (Ex. ND-081)
Sixty-seventh Legislative Assembly (House Bill 1465); signed by Governor Burgum, House Bill 1465 (2021), an emergency measure (May 7, 2021) (Ex. ND-082)
Sixty-seventh Legislative Assembly (House Bill 1323); signed by Governor Burgum, House Bill 1323 (2021) (Apr. 27, 2021) (Ex. ND-080)
North Dakota State University (institution of the State Board of Higher Education), NDSU COVID-19 Updates: fall 2021 face-covering requirement (page as archived Aug. 24, 2021) (Ex. ND-083)
Office of Governor Doug Burgum (news release, with chief medical officers of the State's largest hospitals), Governor's release, 'Strain on hospitals reaches tipping point; leaders urge public to help reduce need for hospitalization' (Sept. 30, 2021) (Ex. ND-084)