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Ex. DUT-MN-001 Standing duty Primary source read

Minn. Stat. § 144.12, subd. 1 (2020)

Regulation, Enforcement, Licenses, Fees: Commissioner of Health's power to control communicable disease, disinfection and quarantine of persons and places by rule, license or other appropriate means

Minnesota Legislature (codified; administered by the Commissioner of Health) · Minnesota (State)

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The record

Jurisdiction
Minnesota
Level
State
Authority
Minn. Stat. § 144.12 (Regulation, enforcement, licenses, fees); rulemaking under Minn. Stat. ch. 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
Business closureQuarantine and isolationStanding duty
Addressees
  • persons generally; owners or persons in control of premises ('places'); specified businesses (hotels, resorts, lodging, camps under cl. (12))
Character
statutory authority
Collection
Standing duties: Minnesota DUT-MN

Operative words

The commissioner may control, by rule, by requiring the taking out of licenses or permits, or by other appropriate means, any of the following matters:... (7) the treatment, in hospitals and elsewhere, of persons suffering from communicable diseases,... the disinfection and quarantine of persons and places in case of those diseases, and the reporting of sicknesses and deaths from them

Penalty

Rules and orders adopted under § 144.12 are enforceable under § 144.99 (correction orders, administrative penalty orders up to $10,000 per violator, injunction, 72-hour cease-and-desist orders, license action) (DUT-MN-004); § 144.99 subd. 1 lists § 144.12 subd. 1 paragraphs (1), (2), (5), (6), (10), (12)-(15) and 'all rules, orders... issued by the department... for the preservation of public health'.

What it required

It vests the Commissioner of Health with standing power to control, by rule, permit or other appropriate means, the disinfection and quarantine of persons and places in cases of communicable disease and 'the prevention and control of communicable diseases' at tourist camps, hotels and resorts (cl. (12)), and it is the statutory authority recited for the Food Code and the communicable-disease rules. Character as recorded: statutory_authority (enabling power; binds through the orders issued under it).

Retrieval note

Official Publication of the State of Minnesota, Revisor of Statutes, 2020 edition. Clause (12) authorizes rules for 'the general sanitation of tourist camps, summer hotels, and resorts in respect to... the prevention and control of communicable diseases'. Minn. Stat. § 144.05 subd. 1(3) (read, not saved) adds the commissioner's general duty to 'establish and enforce health standards for the protection and the promotion of the public's health'.