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

W. Va. Code § 16-3-1

State Director of Health authority to quarantine and to enforce regulations; State Board of Health authority to issue regulations to control infectious or contagious diseases

West Virginia Legislature (codified statute) · West Virginia (State)

The COVID Project

The record

Jurisdiction
West Virginia
Level
State
Authority
W. Va. Code § 16-3-1
Issued
2026-09-29 Sept. 29, 2026
Effective
In force throughout 2020 Q2 to 2021 Q3 (read as 2026-09-29)
End
standing
In force
Standing since Sept. 29, 2026 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Business closureGathering capStanding duty
Addressees
  • persons generally; owners and operators of any 'factory... or other place whatsoever' and of private property subject to entry and inspection
Character
statutory authority
Collection
Standing duties: West Virginia DUT-WV

Operative words

The state director of health is empowered to establish and strictly maintain quarantine at such places as he may deem proper and forbid and prevent the assembling of the people in any place, when... the public health and safety so demand,... and... shall have the power to enforce these regulations by detention and arrest, if necessary.

Penalty

Enforcement 'by detention and arrest'; violation of the Bureau's rules or orders punishable under W. Va. Code § 16-1-18 (fine of $50 to $500; Ex. DUT-WV-007) and 64 C.S.R. 7 § 24.1 (misdemeanor, each violation a separate offense; Ex. DUT-WV-015)

What it required

Submission by every person and every place to State quarantine, to prohibitions on assembling 'in any place,' and to the Board of Health's disease-control rules, enforceable 'by detention and arrest,' with the director empowered 'to enter into any town, city, factory, railroad train, steamboat or other place whatsoever' to inspect 'sanitary and hygienic conditions' and to 'take charge of any epidemic.' Character as recorded: statutory_authority (enabling power; binds through the orders issued under it).

Retrieval note

The 'state director of health' is today the Commissioner of the Bureau for Public Health (W. Va. Code § 16-1-6; Ex. DUT-WV-006). 64 C.S.R. 7 recites § 16-3-1 as its first authority (Ex. DUT-WV-015 § 1.2). The section's power to 'forbid and prevent the assembling of the people in any place' is the statutory root of every West Virginia gathering limit.