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Ex. DUT-AL-002 Standing duty Primary source read

Ala. Code § 22-2-14

Penalty for violation of State Board of Health rules or regulations

Legislature of Alabama (Code of Alabama 1975, Title 22) · Alabama (State)

The COVID Project

The record

Jurisdiction
Alabama
Level
State
Authority
Code of Alabama 1975, § 22-2-14
Effective
standing
End
standing (read as 2021-09-30)
In force
Standing (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Standing duty
Addressees
  • persons generally (every natural and juridical person, including employers and operators of premises)
Character
order penalty
Collection
Standing duties: Alabama DUT-AL

Operative words

Any person who knowingly violates or fails or refuses to obey or comply with any rule or regulation adopted and promulgated by the State Board of Health of this state shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than $25.00 nor more than $500.00 and, if the violation... is a continuing one, each day's violation, or failure or refusal shall constitute a separate offense

Penalty

misdemeanor; fine of $25 to $500; each day's continuing violation a separate offense

What it required

Obedience to every rule of the State Board of Health, including the State Health Officer's COVID-19 orders once adopted as Emergency Rule 420-4-1-.13 ER on March 20, 2020 (Ex. AL-007), on pain of a misdemeanor conviction with each day of a continuing violation a separate offense.

Retrieval note

The Attorney General's guidance of March 21, 2020 (Ex. DUT-AL-016) quotes the section in full and states that the March 20, 2020 order 'is now enforceable under Section 22-2-14'; the guidance of April 5, 2020 (Ex. DUT-AL-017) states that knowing violation of the Stay at Home Order 'is a Class C misdemeanor punishable by a fine of up to $500.00' and that 'each day's violation is a separate offense.' The penalty applied to the orders through their adoption as Board rules (Ex. AL-007) before the Governor added the Emergency Management Act penalty on July 15, 2020 (Ex. AL-026); both channels then ran together to April 9, 2021 (Safer Apart) and May 31, 2021 (last order, Ex. AL-051).