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Ex. DUT-AL-007 Standing duty Primary source read

Ala. Admin. Code ch. 420-4-1 (Notifiable Diseases), rules 420-4-1-.02 (Definitions) and 420-4-1-.05 (Control Procedures)

Alabama Department of Public Health Administrative Code, Chapter 420-4-1, Notifiable Diseases (text as repealed and re-adopted effective June 30, 2011, definitions amended effective December 31, 2014)

Alabama State Board of Health (State Committee of Public Health), Alabama Department of Public Health · Alabama (State)

The COVID Project

The record

Jurisdiction
Alabama
Level
State
Authority
Ala. Code §§ 22-2-2(6), 22-11A-1 et seq. (recited in the rules' statutory-authority lines)
Issued
2011-05-26 May 26, 2011
Effective
standing (read as 2011-05-26)
End
standing (this text to April 14, 2024) (read as 2024-04-14)
In force
Standing since May 26, 2011 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Business closureQuarantine and isolationStanding duty
Addressees
  • persons generally (persons potentially capable of transmitting a notifiable disease); owners or persons in control of any 'building, place, property or appurtenance' subject to quarantine
Character
statutory authority
Collection
Standing duties: Alabama DUT-AL

Operative words

The State Health Officer, or his or her designee, may order any person or persons to restrict their activities and not engage in certain specified activities or enter certain places while they are potentially capable of transmitting a notifiable disease... [Rule.02(10):] Quarantine may refer to the restriction of access to or egress from any building, place, property or appurtenance.

Penalty

Ala. Code § 22-2-14 (misdemeanor; each day a separate offense)

What it required

The State Health Officer's control procedures for any notifiable disease include isolation (r..05(1)(a)), orders restricting persons from 'certain specified activities' and from entering 'certain places' (r..05(1)(b)), and quarantine 'in their own dwelling or such other facility' (r..05(1)(c)); 'quarantine' extends to buildings, places and property; these rules carry the force of law under § 22-2-2(6) and the § 22-2-14 penalty. Character as recorded: statutory_authority (enabling power; binds through the orders issued under it).

Retrieval note

The exhibit is the Department's own posted copy of the chapter as adopted in 2011 (with the 2014 definitional amendment), which is the text that governed in 2020-2021. The current official text (Legislature's administrative-code service, revision effective April 14, 2024) carries r..05(1)(a)-(c) in the same words; it was read at https://admincode.legislature.state.al.us/api/rule/420-4-1-.05 and is not filed as a separate exhibit. COVID-19 was made an 'immediate, extremely urgent' notifiable disease by Emergency Rule 420-4-1, Appendix 1 ER, March 6, 2020 (Ex. AL-081); the statewide order of March 19-20, 2020 was adopted as Emergency Rule 420-4-1-.13 ER of this same chapter (Ex. AL-007).