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Ex. DUT-DE-011 Standing duty Primary source read

DPH Enforcement Actions: COVID-19 Enforcement Actions (administrative penalty letters and cease-and-desist notices to businesses, Aug.-Dec. 2020)

DPH Enforcement Actions - COVID-19 Enforcement Actions (Delaware Health and Social Services)

Department of Health and Social Services, Division of Public Health (Public Health Authority) · Delaware (State)

The COVID Project

The record

Jurisdiction
Delaware
Level
State
Authority
Twenty-Seventh Modification § A.5 (Ex. DE-031): the Public Health Authority 'is authorized to impose occupancy and other restrictions on any business that it finds to be non-compliant'; 20 Del. C. §§ 3115(b), 3143; 16 Del. C. §§ 107, 122
Issued
2020-12-22 Dec. 22, 2020
Effective
2020-08-14 (first listed action) (read as 2020-08-14)
End
list continued into 2021; the capture records actions to Dec. 10, 2020 (read as 2020-12-10)
In force
Aug. 14, 2020 to Dec. 10, 2020
Quarters
2020 Q32020 Q4
Limitation types
Capacity limitFace-covering requirementWorkplace rulesOperating condition
Addressees
  • specified businesses (every business found non-compliant)
Character
order penalty
Collection
Standing duties: Delaware DUT-DE

Operative words

COVID-19 Enforcement Actions... 12/10/2020 - Public Health Issues Administrative Penalty to Allison's CardSmart in Milford... 10/13/2020 - Public Health Issues Administrative Penalty to Atlantic Sands Hotel in Rehoboth... 09/04/2020 - Public Health Issues Administrative Penalty to Drop Squad in Wilmington

Penalty

administrative penalty letters; cease and desist; closure pending a DPH-approved reopening plan

What it required

The State's own enforcement record: DPH issued administrative penalties and cease-and-desist notices to retailers, restaurants, bars, a hotel, a gas station, an auto-parts store, a sports facility and fraternal posts for non-compliance with the State of Emergency's business requirements, which shows that the protocols were enforced obligations, not voluntary measures.

Retrieval note

Some lines of the rendered page interleave the site's navigation text with the entries; the dated entries (e.g., 11/23/2020 Sully's Irish Pub, Middletown; 11/23/2020 Grotto Pizza, Wilmington; 11/18/2020 Tom's Bullpen, Dover; 10/15/2020 American Legion Post 28, Millsboro; 10/07/2020 Klondike Kate's, Newark; 09/09/2020 Bethany Auto Parts and Marine) remain legible.