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Ex. DUT-MI-016 Standing duty Primary source read

MCL 333.2235, Delegation of department powers and functions to local health departments

Public Health Code sec. 2235: the department may authorize a local health department to exercise a power or function of the department (the recited basis of local enforcement of every MDHHS epidemic order)

Michigan Legislature (Public Health Code, 1978 PA 368, Part 22) · Michigan (State)

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The record

Jurisdiction
Michigan
Level
State
Authority
Public Health Code Part 22
Issued
1978-09-30 Sept. 30, 1978
Effective
1978-09-30
End
standing (read as 2021-09-30)
In force
Standing since Sept. 30, 1978 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Standing duty
Addressees
  • local health departments (as enforcing authorities); persons and businesses subject to the delegated enforcement
Character
statutory authority
Collection
Standing duties: Michigan DUT-MI

Operative words

the department may authorize a local health department to exercise a power or function of the department where not otherwise prohibited by law or rule.

Penalty

Enforcement of MCL 333.2261 and 333.2262 penalties by local health departments; MCL 333.2461 local civil penalties

What it required

Supplied the delegation under which every MDHHS gathering and face-covering order provided that 'local health departments are authorized to carry out and enforce the terms of this order' (Exs. MI-050 sec. 6(b); MI-060 sec. 8(b)), placing 45 county and district health departments behind the orders' civil and criminal penalties; subsection (2) makes the local health department 'the primary organization responsible for the organization, coordination, and delivery' of department programs in its area. Character as recorded: statutory_authority (enabling power; binds through the orders issued under it).