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Ex. DUT-VT-002 Standing duty Primary source read

18 V.S.A. sec. 127 (Emergency health orders)

Emergency health orders

Vermont General Assembly (Title 18, chapter 3) · Vermont (State)

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The record

Jurisdiction
Vermont
Level
State
Authority
police power of the State; 18 V.S.A. sec. 2(4) ('Health officer' means the Commissioner of Health, the Commissioner's designee, or a local or district health officer)
Effective
standing; 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
Business closureQuarantine and isolationStanding duty
Addressees
  • persons generally; owners or persons in control of premises; specified businesses (any place of assemblage, food or lodging establishment)
Character
statutory authority
Collection
Standing duties: Vermont DUT-VT

Operative words

A health officer may, without a prior hearing, issue an emergency health order when necessary to prevent, remove, or destroy an imminent and substantial public health hazard or to mitigate an imminent and substantial significant public health risk. Such order may include any actions available under section 126 of this title. An emergency health order shall be effective upon actual notice

Penalty

18 V.S.A. sec. 130 (civil penalties up to $10,000 per violation per day; injunction) and sec. 131 (criminal fine up to $5,000 per day; refusal: up to $25,000 or six months, or both)

What it required

Any person to whom a health officer (the Commissioner, the Commissioner's designee or a local health officer) directs an emergency health order to take, immediately upon actual notice and without a prior hearing, any of the section 126 actions, including quarantine, isolation, closure and prohibition of assemblage, against an imminent and substantial public health hazard. Character as recorded: statutory_authority (enabling power; binds through the orders issued under it).

Retrieval note

Current text rendered September 29, 2026; subsection (a) is the 1985 text. Subsection (c) gives the person 'the opportunity for a hearing within five business days after the issuance of such order' (before the Commissioner for a State order; before the selectboard for a local order). Local health officers exercised this power in 2020-2021 in consultation with the Department, as 18 V.S.A. sec. 602a(a)(4) requires (Ex. DUT-VT-008).