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Ex. DUT-NY-004 Standing duty Primary source read

N.Y. Public Health Law § 206 (Commissioner; general powers and duties)

Commissioner; general powers and duties

New York State Legislature (Public Health Law, article 2, title 1); Commissioner of Health · New York (State)

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The record

Jurisdiction
New York
Level
State
Authority
N.Y. Const. art. XVII, § 3; police power; L. 1953, ch. 879, as amended
Effective
standing; text in force throughout March 2020 to September 2021
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
Emergency declarationStanding duty
Addressees
  • the Commissioner and Department of Health; through their orders, regulations and guidance, every employer and every owner or person in control of premises
Character
statutory duty
Collection
Standing duties: New York DUT-NY

Operative words

1. The commissioner shall: (a) take cognizance of the interests of health and life of the people of the state, and of all matters pertaining thereto and exercise the functions, powers and duties of the department prescribed by law; (b) exercise general supervision over the work of all local boards of health and health officers... (d) investigate the causes of disease, epidemics, the sources of mortality, and the effect of localities, employments and other conditions, upon the public health.

Penalty

None in the section itself; the orders, regulations and determinations issued under it are enforced through §§ 12, 12-b, 16 and 229

What it required

The Commissioner to act on epidemics and on 'the effect of... employments and other conditions, upon the public health,' the statutory charge under which the Department of Health issued the COVID-19 guidance that the Governor's directives made binding on every reopened business and under which the Commissioner issued the 2021 determinations and emergency rules (Exs. NY-071 to NY-075).

Retrieval note

The whole section (long) rendered; the pleaded words are in subdivision 1. The Commissioner's Determinations of Aug. 26-Sept. 2, 2021 (Exs. NY-073 to NY-075) and the emergency rules 10 NYCRR 2.60, 2.61 and 2.62 (Exs. NY-071, NY-072) recite §§ 206 and 225 as authority (per the State Register texts in the library).