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The States

West Virginia

The West Virginia file holds 84 instruments from the State's governor, health authorities, courts and agencies, 83 of them with the exhibit file held by The COVID Project. 119 records in the Library resolve to West Virginia in all, counting its metros, the agency clusters and the standing duties.

Code WVFirst closure or stay-at-home order Mar. 18, 2020 Ex. WV-002End of general restrictions Apr. 20, 2021Orders reaching 2021 Q3 19Primary source read 83 Confirmed from a secondary source 1
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The West Virginia file

The record in brief

West Virginia's regime was statewide and gubernatorial, built on a single predicate (the Proclamation of a State of Emergency of March 16, 2020, in force until January 1, 2023) and on one framework order, Executive Order 9-20 (March 23, 2020), which every later reopening order amended section by section until Executive Order 12-21 terminated the framework at 12:01 a.m. on April 20, 2021. The run-up to the second quarter of 2020 was compressed into six days: EO 2-20 (signed March 18, effective 12:00 a.m. March 18) closed casinos and confined every restaurant and bar in all 55 counties to take-away; EO 3-20 (effective March 19) closed fitness centers, gymnasiums and recreation centers; EO 6-20 (effective March 20) closed barber shops, nail salons and hair salons; EO 8-20 (effective March 21) closed the state park lodges and the Hatfield-McCoy Trail; EO 5-20 (March 19) authorized counties to restrict public access to courthouses; the Supreme Court of Appeals suspended trials and hearings from March 16 and declared a judicial emergency on March 22. EO 9-20, effective 8:00 p.m. March 24, 2020, placed all individuals under a general stay-at-home order, required every non-essential business to cease all activities except minimum basic operations and remote work, defined Essential Businesses and Operations by the CISA list plus twenty-five enumerated categories, closed all places of public amusement and malls, prohibited gatherings of more than ten people, and provided for enforcement by State and local law enforcement and licensing bodies. EO 14-20 (effective March 31) imposed a 14-day isolation on persons entering from areas of substantial community spread (Louisiana, New York, New Jersey, Connecticut, Italy and China named) with State Police monitoring and misdemeanor penalties under W. Va. Code 61-5-17; EO 15-20 closed private campgrounds to out-of-state arrivals; EO 16-20 (effective April 1) prohibited all elective medical procedures in hospitals, offices and clinics statewide. In April the Governor tightened the hotspot counties (EO 20-20 for Berkeley, Jefferson and Morgan; EO 21-20 for Harrison, Kanawha and Monongalia; EO 22-20 for Marion; EO 24-20 for Cabell, Ohio, Wayne and Wood; EO 25-20 for Jackson): gatherings cut to five persons, every essential employer ordered to have employees work from home to the maximum extent possible, and local health departments directed to set and enforce per-square-foot occupancy limits with National Guard and State Police support. Reopening ran week by week under West Virginia Strong: The Comeback. EO 28-20 (April 20) let hospitals and ambulatory surgical centers resume more urgent elective procedures on OHFLAC approval no earlier than April 28; EO 30-20 (effective April 30) terminated the elective-procedure ban for offices and clinics subject to Chapter 30 board guidance; EO 32-20 (signed April 30, effective 12:01 a.m. May 4) converted stay-at-home into safer-at-home, let small businesses of ten or fewer employees reopen at two customers per 1,000 square feet, allowed outdoor dining, reopened salons by appointment under Board guidance, raised the gathering cap to 25 and kept casinos and all places of public amusement closed; EO 36-20 (May 11) wellness centers and drive-ins; EO 37-20 (May 18) gyms; EO 39-20 (May 21) indoor dining at 50 percent of seating, retail and malls, and the end of the traveler-isolation order; EO 40-20 (May 26) bars at 50 percent, museums and zoos; EO 41-20 (May 30) spas, pools and indoor amusement; EO 42-20 (June 5) theaters and casinos and gatherings of 100; EO 43-20 (June 8) low-contact sports; EO 44-20 (June 10) campgrounds; EO 45-20 (June 22) graduations and racetracks; EO 49-20 (July 1) fairs and festivals. The third quarter of 2020 re-tightened: EO 50-20 (effective July 7) imposed the statewide indoor face-covering mandate on everyone age nine and over; EO 51-20 (effective July 14) cut gatherings from 100 to 25, re-closed fairs and festivals and prohibited live music indoors and outdoors; EO 52-20 and its successors (55-20, 58-20, 60-20, 62-20, 65-20) closed every bar in Monongalia County from July 14 to October 13 except for a two-day reopening; EO 56-20 (July 24) barred in-person K-12 instruction before September 8 and limited live music to solo outdoor and drive-in performances; EO 61-20 (August 13) prohibited nursing-home visitation except compassionate care; EO 68-20 (September 4) bound every public and private school to the DHHR County Alert System; EO 70-20 (September 16) cut gatherings to ten and prohibited travel sports in Red, Orange and Gold counties. The Monongalia County Health Officer's order of July 14, 2020 required businesses with three cases to close for deep cleaning and 14-day quarantine, and Morgantown's Emergency Ordinance 2020-5 (September 1) and City Manager's Order (September 11) capped gatherings at 25 and prohibited residential parties in student neighborhoods under misdemeanor penalties. The fourth quarter of 2020 was the winter re-tightening: EO 74-20 (October 6) allowed live music only outdoors or for broadcast; EO 77-20 (effective November 14) broadened the mask mandate to all confined indoor public spaces regardless of distancing and ordered every business that invites the public to require compliance, post signage and enforce it; EO 78-20 closed schools to in-person instruction November 26 through December 2; EO 79-20 required twice-weekly testing of every nursing-home and assisted-living worker; EO 80-20 barred all youth winter sports until at least January 11, 2021; the 25-person cap, the 50 percent seating limit and the County Alert System school rules ran through the quarter. The first quarter of 2021 relaxed in steps while every limit remained an order: EO 1-21 (January 19) reopened elementary and middle schools but kept Red-county high schools closed; EO 2-21 barred all sports practice until February 14 and competition until March 3; EO 5-21 (February 17) prohibited indoor vocal and wind performances; EO 6-21 (February 20) raised restaurants and bars to 75 percent and gatherings to 75; EO 8-21 (March 6) to 100 percent of seating subject to distancing and gatherings of 100; EO 9-21 (March 25) terminated the prohibited-activities section but deferred fairs, festivals and summer camps to May 1, 2021; EO 10-21 (March 24) opened all schools. The second quarter of 2021 ended the general restrictions: EO 12-21 (April 19, effective April 20) formally terminated EO 9-20 and sixty-odd companion orders, kept the face-covering order, the nursing-home testing order, the hospital and health-facility surge-plan orders (EO 28-20 and 30-20), the Red-county travel-sports prohibition and every regulatory suspension in force; EO 13-21 (April 30) confined twice-weekly testing to unvaccinated long-term-care staff; EO 16-21 (May 14) exempted the fully vaccinated from masks; EO 20-21 (June 18) terminated the Face Covering Order at 12:01 a.m. on June 20, 2021. In the third quarter of 2021 the State of Emergency and the instruments EO 12-21 preserved remained in force every day (the surge-plan orders on hospitals and health facilities, the unvaccinated-staff testing order for nursing homes and assisted living, the Red-county travel-sports prohibition, EO 10-21 on schools, the regulatory suspensions, the Insurance Commissioner's modified emergency orders), EO 23-21 (July 20, 2021) issued under the emergency and set October 1, 2021 as the end of the vehicle-inspection suspension, and no statewide capacity, gathering, mask, school-mask, health-care-worker or State-employee vaccination mandate was in force; the Governor terminated the State of Emergency by proclamation of November 12, 2022, effective January 1, 2023.

The six quarters

What the record shows in force in West Virginia on the first day and the last day of each quarter. Every exhibit named here opens its record. The orders of March 13 to 31, 2020 belong to the second quarter of 2020, because wages paid after March 12, 2020 fall in that quarter.

QuarterFirst dayLast day
2020 Q2Second quarter of 2020The quarter nationally →April 1, 2020: State of Emergency (WV-001); EO 9-20 stay-at-home in force since 8:00 p.m. March 24 (WV-009): all non-essential businesses ceased except minimum basic operations and remote work, all places of public amusement and malls closed, gatherings over ten prohibited; EO 2-20 restaurants and bars take-away only, casinos closed (WV-002); EO 3-20 gyms closed (WV-003); EO 6-20 salons and barber shops closed (WV-006); EO 8-20 lodges and Hatfield-McCoy Trail closed (WV-008); EO 14-20 14-day isolation for arrivals from high-spread areas and state park campgrounds closed (WV-012); EO 15-20 private campgrounds closed to out-of-state arrivals from 12:00 a.m. April 1 (WV-013); EO 16-20 all elective medical procedures prohibited from 12:00 a.m. April 1 (WV-014); EO 7-20 and 10-20 regulatory suspensions (WV-007, WV-010); judicial emergency (WV-070); Insurance Commissioner 20-EO-01, 02, 03 (WV-075, 076, 077); ABCA off-premises sales notice (WV-074).June 30, 2020: State of Emergency; EO 9-20 as amended by EO 32-20 (safer-at-home) and EO 36-20 through 45-20: restaurants and bars limited to 50 percent of indoor seating (WV-033, WV-034); non-essential businesses other than small businesses of ten or fewer employees and the sectors reopened by order remained subject to section 2 suspension language as amended (WV-033); gatherings capped at 100 (WV-036); amusement rides, carnivals, fairs, indoor concert and music halls and adult entertainment venues closed (WV-039); face coverings not yet mandated; EO 28-20 and 30-20 surge-plan conditions on hospitals and health-care facilities (WV-023, WV-024); campground stays for out-of-state arrivals limited to seven days (WV-038); Supreme Court Resumption of Operations protocols with jury trials permitted from June 29 (WV-073); state park lodges' closure lifted in Week 5 per the Governor's announcement.
2020 Q3Third quarter of 2020The quarter nationally →July 1, 2020: State of Emergency; EO 9-20 as amended: 50 percent seating in restaurants and bars, gatherings of 100, fairs and festivals permitted from 12:01 a.m. July 1 under EO 49-20 (WV-040); indoor concert and music halls and adult entertainment venues closed; EO 28-20 and 30-20 health-facility conditions; regulatory suspensions; Insurance Commissioner orders.September 30, 2020: State of Emergency; EO 50-20 statewide indoor face-covering mandate (WV-041); EO 51-20 gatherings capped at 25, fairs, festivals and concerts prohibited and live music prohibited (WV-042), as modified by EO 56-20 (solo outdoor and drive-in performances only; WV-044); EO 70-20 gatherings of ten and travel sports prohibited in Red, Orange and Gold counties (WV-047); EO 65-20 Monongalia County bars closed (WV-043 series; reopened October 13 by WV-050); EO 61-20 nursing-home visitation prohibited except compassionate care (WV-045) with OHFLAC reopening phases keyed to the County Alert System (WV-080); EO 68-20 and 71-20 schools bound to the County Alert System (WV-046, WV-048); 50 percent seating in restaurants and bars; Morgantown Emergency Ordinance 2020-5 and City Manager's Order (WV-083, WV-084); Monongalia County Health Officer order of July 14 (WV-082).
2020 Q4Fourth quarter of 2020The quarter nationally →October 1, 2020: same as September 30, 2020, with EO 73-20 (delinquent-tax auctions relocated for distancing; WV-000 not saved) and EO 74-20 pending (issued October 5, effective October 6; WV-049).December 31, 2020: State of Emergency; EO 77-20 face coverings required in all confined indoor public spaces regardless of distancing, businesses required to enforce (WV-051); gatherings capped at 25 statewide and ten in Red, Orange and Gold counties (WV-042, WV-047); restaurants and bars at 50 percent of seating; indoor live music prohibited except for broadcast (WV-049); fairs, festivals, indoor concert halls closed (WV-042 section 4 as amended); EO 79-20 twice-weekly testing of all nursing-home and assisted-living staff (WV-053); EO 80-20 youth winter sports barred until at least January 11, 2021 (WV-054); schools under the County Alert System (WV-046) with the Thanksgiving remote period ended December 3 (WV-052); EO 61-20 visitation order and OHFLAC phases (WV-045, WV-080).
2021 Q1First quarter of 2021The quarter nationally →January 1, 2021: same as December 31, 2020.March 31, 2021: State of Emergency; EO 77-20 face-covering mandate (WV-051); gatherings capped at 100 (EO 8-21; WV-060); restaurants and bars up to 100 percent of seating only to the extent distancing between common groups permits (WV-060); prohibited-activities section terminated March 25 but fairs, festivals and summer camps deferred to May 1, 2021 (EO 9-21; WV-061); travel sports prohibited in Red counties (EO 8-21); all schools open in person coordinating with local health departments (EO 10-21; WV-062); EO 79-20 nursing-home staff testing (WV-053); EO 28-20 and 30-20 health-facility conditions; Senate Bill 12 enacted March 16 (effective June 2; WV-081).
2021 Q2Second quarter of 2021The quarter nationally →April 1, 2021: same as March 31, 2021.June 30, 2021: State of Emergency; EO 12-21 had terminated EO 9-20 and all capacity and gathering limits on April 20 (WV-063); Face Covering Order terminated 12:01 a.m. June 20 by EO 20-21 (WV-066); EO 13-21 twice-weekly testing of unvaccinated nursing-home and assisted-living staff (WV-064); EO 28-20 and 30-20 health-facility surge-plan conditions (WV-023, WV-024); Red-county travel-sports prohibition (WV-063 paragraph 6); EO 10-21 (WV-062); regulatory suspensions (WV-007, WV-010, WV-011, WV-015, WV-025); Insurance Commissioner orders as modified (WV-076, WV-077, WV-078); Senate Bill 12 in effect from June 2 (WV-081).
2021 Q3Third quarter of 2021The quarter nationally →July 1, 2021: State of Emergency (WV-001); EO 13-21 (WV-064); EO 28-20 and EO 30-20 (WV-023, WV-024); Red-county travel-sports prohibition (WV-063 paragraph 6); EO 10-21 (WV-062); EO 7-20 including the vehicle-inspection suspension (WV-007); EO 10-20 sections 7, 8 and 11, EO 13-20, EO 17-20, EO 31-20 and the other regulatory suspensions (WV-010, WV-011, WV-015, WV-025); Insurance Commissioner 20-EO-02 and 20-EO-03 as modified by 20-EO-09 (WV-076, WV-077, WV-078); Supreme Court remote-proceedings rule suspension (WV-073); Senate Bill 12 (WV-081). Not in force: any stay-home, closure, capacity, gathering, mask, school-mask, travel-quarantine, health-care-worker or State-employee vaccination mandate.September 30, 2021: same as July 1, 2021, plus EO 23-21 (July 20, 2021), which recited the continuing State of Emergency and terminated the vehicle-inspection suspension effective October 1, 2021 (WV-067). The State of Emergency continued to January 1, 2023 (WV-068, verified_secondary).

The end of general restrictions

The day the general business restrictions ended in West Virginia, the instrument that ended them, and what the record shows still in force afterward. The end of the general orders is not the end of the record: sector rules, standing duties and the federal layer continue past it.

End of general restrictions

Instrument Executive Order 12-21 (Gov. Jim Justice), signed April 19, 2021, terminations effective 12:01 a.m. April 20, 2021 (Ex. WV-063), following EO 8-21 (100 percent of seating subject to distancing, gatherings of 100, effective March 6, 2021; Ex. WV-060) and EO 9-21 (prohibited-activities section terminated effective March 25, 2021; Ex. WV-061)

What remained in force

The State of Emergency Proclamation of March 16, 2020 (to January 1, 2023); the Face Covering Order (EO 77-20 as amended by EO 12-21 and EO 16-21) until 12:01 a.m. June 20, 2021 (EO 20-21); EO 79-20 twice-weekly testing of nursing-home and assisted-living staff until April 30, 2021, then EO 13-21 testing of unvaccinated staff (no terminating order located through September 30, 2021); EO 28-20 and EO 30-20 surge-capacity and PPE-preparedness plan requirements on hospitals, ambulatory surgical centers and health-care facilities; the Red-county travel-sports prohibition (EO 8-21 as restated in EO 12-21 paragraph 6); EO 10-21 (schools open in person, coordinating with local health departments); EO 82-20 (vaccination task force); the regulatory-suspension orders EO 7-20, 10-20 (sections 7, 8, 11), 11-20, 13-20, 17-20, 19-20, 26-20, 31-20, 54-20, 63-20, 66-20, 72-20, 73-20, 83-20 and EO 11-21; EO 4-20 and 57-20 (unemployment) to June 1, 2021; the Insurance Commissioner's Emergency Orders 20-EO-02, 20-EO-03, 20-EO-05, 20-EO-06a, 20-EO-07, 20-EO-08 and 20-EO-10 as modified by 20-EO-09 (to March 24, 2023); the Supreme Court's suspension of rules limiting remote proceedings (Resumption of Operations order, May 6, 2020, surviving the judicial emergency).

Preemption of local orders

West Virginia did not preempt or bar local COVID-19 orders during 2020 or 2021; the State enlisted local authority. EO 5-20 (March 19, 2020) declared that counties 'have the authority under state law to issue orders and guidance and to take other actions as necessary to protect the public health, safety, and welfare' and to restrict public access to courthouses (Ex. WV-005). EO 9-20 paragraph 7 provided that the order 'may be enforced by State and local law enforcement and by state and local regulatory and/or licensing bodies' (Ex. WV-009). The hotspot orders EO 20-20, 21-20, 22-20 and 24-20 (April 3-10, 2020) directed local health departments 'to establish and enforce protocols to limit occupancy of any such business and entity that remains open to the public... on an individual-per-square-foot-basis, to be determined in the discretion of such local health department' with National Guard and State Police support (Ex. WV-017, WV-018, WV-019, WV-021). EO 10-21 (March 24, 2021) directed schools to 'coordinate with their local health departments to manage any limitations on in-person instruction' (Ex. WV-062). EO 16-21 (May 14, 2021) preserved the authority of 'private entities and businesses as well as public school systems and institutions of higher learning' to require face coverings (Ex. WV-065). Local instruments issued under this structure include the Monongalia County Health Officer's order of July 14, 2020 (Ex. WV-082), Morgantown Emergency Ordinance 2020-5 (September 1, 2020; Ex. WV-083) and the Morgantown City Manager's Order of September 10, 2020 (Ex. WV-084). The Supreme Court of Appeals' administrative orders superseded local judicial administrative orders (Ex. WV-070, WV-073). The one structural limit on local health authority came from the Legislature: Senate Bill 12 (2021 Reg. Sess., ch. 213; approved March 16, 2021; effective June 2, 2021) amended W. Va. Code 16-2-11 to require that rules of a local board of health be approved, disapproved or amended and approved by the appointing county commission or municipality, to provide an emergency-rule process, and to permit the state health officer to set policies binding local departments during a statewide public health emergency (Ex. WV-081). No 2020 or 2021 West Virginia statute or executive order barred county or municipal mask, gathering or business orders; W. Va. Code 15-5-6(k) (current text) bars only enforcement actions by health officers 'not authorized by statute.'

Third quarter of 2021

July 1 through September 30, 2021, the last claimable quarter: the instruments the record shows in force in West Virginia. An order in force on any day of the quarter is an order in force during it. The quarter nationally →

In force (12)

  • WV-001 Proclamation of a State of Emergency (Mar. 16, 2020), in force through Jan. 1, 2023
  • WV-064 EO 13-21 (Apr. 30, 2021): unvaccinated nursing-home and assisted-living doctors, nurses, staff and employees tested at least twice weekly until a subsequent order
  • WV-023 EO 28-20 (Apr. 20, 2020): hospitals and ambulatory surgical centers must maintain OHFLAC-approved plans to adjust services to any surge, with 14-day PPE inventories and conservation plans (kept in force by EO 12-21 paragraph 2(h))
  • WV-024 EO 30-20 (Apr. 27, 2020): health-care facilities to have adequate PPE and be prepared to contribute in a surge (kept in force by EO 12-21 paragraph 2(i))
  • WV-063 EO 12-21 paragraph 6: travel sports teams and travel leagues prohibited from bringing players or spectators together in any county in the Red category of the DHHR County Alert System
  • WV-062 EO 10-21 (Mar. 24, 2021): schools open in person, coordinating with local health departments on any limitations (kept in force by EO 12-21 paragraph 2(t))
  • WV-007 EO 7-20 regulatory suspensions (medical licensure, telemedicine, vehicle inspection deadlines to Oct. 1, 2021, ABCA renewals, agency hearing deadlines); WV-010 EO 10-20 sections 7, 8, 11; WV-011 EO 13-20; WV-015 EO 17-20; WV-025 EO 31-20; EO 11-20, 19-20, 26-20, 54-20, 63-20, 66-20, 72-20, 73-20, 83-20, 11-21 (not saved; listed in EO 12-21 paragraph 2)
  • WV-067 EO 23-21 (July 20, 2021): issued under the State of Emergency; vehicle-inspection deadline suspension terminated effective Oct. 1, 2021
  • WV-076, WV-077, WV-078 Insurance Commissioner Emergency Orders 20-EO-02 and 20-EO-03 as modified by 20-EO-09 (Oct. 15, 2020), plus 20-EO-05, 20-EO-06a, 20-EO-07, 20-EO-08, 20-EO-10 (not saved), all in force until rescinded by 23-EO-01 on Mar. 24, 2023 (WV-079)
  • WV-073 Supreme Court of Appeals Resumption of Operations order (May 6, 2020): suspension of rules limiting remote, telephonic or video proceedings 'shall survive the expiration of the judicial emergency, and will remain in effect until otherwise ordered'
  • WV-081 Senate Bill 12 (eff. June 2, 2021): local board of health rules subject to approval by county commissions and municipalities; state health officer policies binding on local departments during a statewide public health emergency
  • Federal layer in force in West Virginia (see FED-A and FED-B): CDC conveyance mask order 86 Fed. Reg. 8025 and TSA security directives; OSHA Healthcare ETS 29 C.F.R. 1910.502 from June 21, 2021; presidential entry proclamations and DHS land-border notices; HHS public health emergency renewals

Sector chronology

How the orders reached each kind of business in West Virginia, sector by sector, in the order the record gives. Open a sector to read its chronology; every exhibit named opens its record.

Restaurants and bars

Take-away only from 12:00 a.m. Mar. 18, 2020 (EO 2-20, WV-002); outdoor dining from May 4 (EO 32-20, WV-026); indoor dining at 50 percent of seating from May 21 (EO 39-20, WV-033); bars at 50 percent from May 26 (EO 40-20, WV-034); Monongalia County bars closed July 14 to Oct. 13, 2020 (EO 52-20 series, WV-043, WV-050); live music prohibited July 14 (EO 51-20, WV-042), solo outdoor and drive-in only July 24 (WV-044), outdoor with guidance Oct. 6 (WV-049), indoor vocal and wind performances prohibited Feb. 17, 2021 (WV-057), all live music resumed Mar. 25, 2021 (WV-061); 75 percent Feb. 20, 2021 (WV-058); 100 percent subject to distancing Mar. 6, 2021 (WV-060); framework terminated Apr. 20, 2021 (WV-063); masks required of patrons not eating or drinking Nov. 14, 2020 to June 20, 2021 (WV-051, WV-066); ABCA off-premises beer and wine sales authorized Mar. 18, 2020 (WV-074).

Retail

Non-essential retail ceased all activities but minimum basic operations from 8:00 p.m. Mar. 24, 2020 (EO 9-20 section 2, WV-009); malls closed except stores with direct outdoor entrances providing essential goods (section 4); small retailers of ten or fewer employees at two customers per 1,000 square feet from May 4 (WV-026); all retail and malls reopened May 21 with distancing and hygiene requirements (EO 39-20 section 3(cc), WV-033); hotspot-county per-square-foot occupancy limits Apr. 4 to May 19, 2020 (WV-017, WV-018, WV-019, WV-021); mask enforcement duty on every business inviting the public Nov. 14, 2020 to June 20, 2021 (WV-051); framework terminated Apr. 20, 2021 (WV-063).

Personal care

Barber shops, nail salons and hair salons closed 12:00 a.m. Mar. 20, 2020 (EO 6-20, WV-006); reopened May 4 by appointment only under Board of Barbers and Cosmetologists guidance with staff masks and customers waiting in vehicles (EO 32-20 paragraph 2, WV-026); tanning May 21 (WV-033); spas and massage May 30 (EO 41-20, WV-035); dog groomers May 4 (WV-026); limited salon services inside nursing homes only in OHFLAC Phase Orange or better (WV-080).

Fitness and entertainment

Fitness centers, gymnasiums and recreation centers closed 12:00 a.m. Mar. 19, 2020 (EO 3-20, WV-003); casinos closed Mar. 18 (WV-002); all places of public amusement, theaters, bowling alleys, arcades, racetracks, museums and zoos closed Mar. 24 (WV-009 section 4); wellness centers with licensed providers and drive-in theaters May 11 (WV-030); gyms May 18 (WV-031); museums and zoos May 26 (WV-034); pools, bowling, rinks and limited video lottery May 30 (WV-035); theaters, casinos and bingo June 5 (WV-036); low-contact sports June 8 and 22 (WV-037); racetracks with spectators June 22 (WV-039); fairs, festivals and amusement parks July 1 (WV-040), re-closed July 14 (WV-042), resumed May 1, 2021 (WV-061); indoor concert and music halls closed July 1, 2020 to Mar. 25, 2021 (WV-040, WV-061); youth winter sports barred Nov. 13, 2020 to Jan. 11, 2021 (WV-054) and all sports practice barred to Feb. 14 and competition to Mar. 3, 2021 (WV-056); face coverings in gyms Nov. 14, 2020 with the active-exercise exception from Apr. 20, 2021 (WV-051, WV-063).

Hotels and short-term rentals

Hotels and motels Essential 'to the extent used for lodging and delivery or carry-out food' (EO 9-20 section 3(w)); state park lodges closed Mar. 21 (EO 8-20, WV-008) into Week 5 (May 26); state park campgrounds closed Mar. 31 (EO 14-20, WV-012), private campgrounds closed to out-of-state arrivals Apr. 1 (EO 15-20, WV-013), residents-only campgrounds May 21 (WV-033), out-of-state stays up to seven days from June 10 (EO 44-20, WV-038); bar areas of hotels in Monongalia County restricted July 14 to Oct. 13, 2020 (WV-043); 14-day isolation of arriving travelers Mar. 31 to May 21, 2020 (WV-012, WV-033).

Offices and telework

EO 9-20 section 2 (Mar. 24, 2020): non-essential businesses limited to 'the minimum necessary activities to facilitate employees of the business being able to continue to work remotely from their residences,' home-based businesses permitted, and 'small businesses that do not invite in the general public and which have five or less employees in the office may continue to operate' (WV-009); professional services (legal, accounting, insurance, real estate) designated Essential (section 3(u)); hotspot counties Apr. 4 to May 19, 2020: 'All Essential Businesses and Operations conducted by both private and public employers... shall order their employees and/or contractors, to the maximum extent possible, to work from their home or residence, or to otherwise work remotely' (WV-017, WV-018, WV-019, WV-021); ten-or-fewer-employee small-business rule May 4 (WV-026); indoor face coverings in offices where distancing not possible July 7, 2020 and in all confined indoor spaces except a physically separated office Nov. 14, 2020 to June 20, 2021 (WV-041, WV-051, WV-066); WorkForce West Virginia in-person contact suspended (WV-004).

Manufacturing

Manufacturing for critical products and supply chains designated Essential (EO 9-20 section 3(h)); all other manufacturing ceased but minimum basic operations Mar. 24 to May 4, 2020 (section 2, WV-009), then permitted as small businesses of ten or fewer employees May 4 (WV-026) and generally from May 21 as non-essential businesses' section 2 language was narrowed to businesses that 'have more limited customer interaction' (WV-033); hotspot telework directive (WV-017 to WV-021); indoor face coverings July 7, 2020 to June 20, 2021 (WV-041, WV-051).

Construction

Construction designated Essential Infrastructure 'construed broadly' (EO 9-20 section 3(f), WV-009), critical trades (section 3(l)) and hardware and supply stores (section 3(k)); hotspot-county telework directive applied to essential employers' office functions Apr. 4 to May 19, 2020 (WV-017 to WV-021); face-covering mandate indoors July 7, 2020 to June 20, 2021; county courthouse and permit-office access restricted under EO 5-20 (WV-005) and the judicial emergency.

Real estate

Real estate services including appraisal and title designated Essential (EO 9-20 section 3(u)); county courthouses and clerks' offices subject to county access restrictions (EO 5-20, WV-005) and the judicial emergency staying non-emergency proceedings Mar. 23 to May 15, 2020 (WV-070 to WV-073); delinquent-tax redemption and sale deadlines suspended (EO 19-20, EO 73-20; not saved as exhibits); remote notarization for court reporters and notaries authorized by EO 11-20 (not saved).

Hospitals and long-term care

Hospitals under EO 16-20 then EO 28-20 surge plans with 14-day PPE inventories (WV-014, WV-023) continuing through Q3 2021; testing of every nursing-home resident and worker ordered Apr. 17, 2020 (EO 27-20, WV-022) and of assisted-living and residential-care residents and staff and child-care staff May 6 (EO 35-20, WV-029); nursing-home visitation prohibited except compassionate care from Aug. 13, 2020 (EO 61-20, WV-045) under OHFLAC phases keyed to the County Alert System (WV-080); twice-weekly staff testing from Nov. 13, 2020 (EO 79-20, WV-053), confined to unvaccinated staff from Apr. 30, 2021 (EO 13-21, WV-064) and in force through Q3 2021; Insurance Commissioner 20-EO-07 on testing of long-term-care residents and staff (not saved).

Dental and elective health care

All elective medical procedures prohibited in hospitals, offices and clinics from 12:00 a.m. Apr. 1, 2020 (EO 16-20, WV-014); hospitals and ambulatory surgical centers may resume more urgent elective procedures on OHFLAC approval no earlier than Apr. 28 (EO 28-20, WV-023); offices and clinics of all Chapter 30 licensees, including dentists, may resume from Apr. 30, 2020 under Board guidance (EO 30-20, WV-024); Board of Dentistry licensure and provisional-license suspensions (EO 31-20, WV-025); telemedicine licensure suspensions (EO 7-20, WV-007; EO 17-20, WV-015); EO 28-20 and 30-20 plan requirements kept in force through Q3 2021 (WV-063).

Schools

Schools closed by the Governor's Mar. 13, 2020 announcement (not saved; recited in the Husch Blackwell and Wikipedia trackers); educational institutions limited to distance learning, research and food pick-up Mar. 24 (EO 9-20 section 3(o), WV-009); in-person instruction barred before Sept. 8, 2020 (EO 56-20, WV-044); schools bound to the County Alert System Sept. 4 (EO 68-20, WV-046; EO 71-20, WV-048); remote Nov. 26 to Dec. 2, 2020 (EO 78-20, WV-052); elementary and middle in person Jan. 19, 2021, Red-county high schools closed (EO 1-21, WV-055; EO 7-21, WV-059); all schools in person Mar. 24, 2021 coordinating with local health departments (EO 10-21, WV-062, in force through Q3 2021); no statewide mask mandate for 2021-22 (State Board of Education left masking to counties; not saved).

Child care

Child care centers and day care homes designated Essential (EO 9-20 section 3(e), WV-009); testing of all licensed child-care-center staff ordered May 6, 2020 (EO 35-20, WV-029); Insurance Commissioner 20-EO-08 on child-care provider testing (not saved); day-care reopening in Week 1 of the Comeback (Apr. 30, 2020; press, not saved).

Worship and gatherings

Religious gatherings, weddings and funerals designated Essential (EO 9-20 section 3(n), WV-009) with a six-foot distancing proviso; all other gatherings over ten prohibited Mar. 24 (section 5); five persons in hotspot counties Apr. 4 to May 19 (WV-017 to WV-021); 25 from May 4 (WV-026); 100 from June 5 (WV-036); 25 from July 14 (WV-042); ten in Red, Orange and Gold counties from Sept. 16 (WV-047); 75 from Feb. 20, 2021 (WV-058); 100 from Mar. 6, 2021 (WV-060); caps terminated Apr. 20, 2021 (WV-063); face coverings indoors July 7, 2020 to June 20, 2021 (WV-041, WV-051, WV-066); Morgantown 25-person cap and residential party ban Sept. 1 to Dec. 15, 2020 (WV-083, WV-084).

Courts and public offices

Supreme Court of Appeals: trials continued and hearings postponed or held remotely Mar. 16 to Apr. 10, 2020 (WV-069); judicial emergency Mar. 23 to Apr. 10, extended to May 1 and May 15 with all jury trials stayed and deadlines and limitations periods tolled (WV-070, WV-071, WV-072); resumption of in-person hearings May 18, grand juries June 15, jury trials June 29, 2020, remote-technology rule suspensions surviving (WV-073); counties authorized to restrict courthouse access Mar. 19 (WV-005); WorkForce West Virginia in-person contact suspended (WV-004); primary election moved to June 9, 2020 (EO 18-20, WV-016); DMV vehicle-inspection deadlines suspended Mar. 19, 2020 to Oct. 1, 2021 (WV-007, WV-067).

Travel and quarantine

EO 14-20 (effective Mar. 31, 2020): 14-day isolation on entry for all individuals 'travelling from areas with substantial community spread of COVID-19, including without limitation Louisiana, New York, New Jersey, Connecticut, Italy, and China,' applied retroactively, with State Police monitoring and misdemeanor penalties, commercial activity and commuters exempt (WV-012); terminated 12:01 a.m. May 21, 2020 (EO 39-20 paragraph 4, WV-033); out-of-state campground arrivals barred Apr. 1 to June 10, 2020 (WV-013, WV-038); travel sports teams barred from Red, Orange and Gold counties Sept. 16, 2020 (WV-047) and from Red counties through Q3 2021 (WV-063).

Face coverings

EO 50-20 (effective 12:01 a.m. July 7, 2020): all individuals age nine and over in confined indoor spaces when unable to distance (WV-041); EO 77-20 (effective 12:01 a.m. Nov. 14, 2020): in all confined indoor public spaces regardless of distancing, with businesses required to enforce and post signage (WV-051); amended Apr. 20, 2021 to except active physical activity (WV-063) and May 14, 2021 to exempt the fully vaccinated (WV-065); terminated 12:01 a.m. June 20, 2021 (EO 20-21, WV-066); Monongalia County Health Officer's July 14, 2020 order tied business closures to case counts and complaints of not enforcing the Governor's mask order (WV-082).

Vaccination mandates

None issued by the State of West Virginia for health-care workers or State employees in 2020 or 2021; EO 13-21 (Apr. 30, 2021) conditioned relief from twice-weekly testing on full vaccination for nursing-home and assisted-living staff (WV-064); EO 16-21 and EO 20-21 conditioned mask relief on vaccination status (WV-065, WV-066); the Governor announced in October 2021 a bill to require exemptions from workplace vaccine mandates (press release title in the archived 2021 index; not saved).

Standing duties

The statutes, codes and penalty provisions of West Virginia that stood before March 2020 and ran through every claimable quarter. They are the reason nothing an employer did under the orders was voluntary. Read the West Virginia duties →

West Virginia's compulsion ran on four tracks, three of them standing law that predates COVID-19. First, the public health code: the State health director may 'establish and strictly maintain quarantine' and 'forbid and prevent the assembling of the people in any place,' enforceable 'by detention and arrest' (W. Va. Code 16-3-1); county and municipal boards may quarantine 'any and all persons and things likely to spread such infection,' and 'Every person who shall fail or refuse to comply with any order made by such board' commits a misdemeanor (16-3-2); local boards must provide 'response to epidemics' and 'Enforce the public health laws of this state' (16-2-11), the local health officer 'shall administer and enforce' the rules and 'may issue a health order' (16-2-13), and willful violation of the article or of 'any of the rules or orders adopted or issued pursuant to' it is a misdemeanor at $200 to $1,000, obstruction at $50 to $500 (16-2-15); the Commissioner enforces 'all laws of this state concerning public health' and the sanitary rules for 'workshops, factories, labor camps, places of entertainment, hotels... all other places open to the general public' (16-1-6), with a $50 to $500 penalty for violating any rule or order (16-1-18); the reportable-disease rule vests 'quarantine or placarding' in the Commissioner and makes any failure 'to act in accordance with this rule' a misdemeanor, each violation a separate offense (64 C.S.R. 7). Second, the Emergency Management Act, recited in every 2020-2021 executive order: the Governor controls 'the movement of persons and occupancy of premises' (15-5-6(g)(6)); emergency-services organizations have the 'duty... to execute and enforce' the Governor's orders (15-5-17); a peace officer 'may arrest without a warrant any person violating... any order, rule or regulation made pursuant to this article' (15-5-18); and the Governor's isolation order recited the obstruction statute's $50 to $500 fine or one year in jail (61-5-17; Ex. WV-012). Third, the workplace-safety duty: 'Every employer shall furnish employment which shall be reasonably safe... and shall do every other thing reasonably necessary to protect the life, health, safety, and welfare of such employees,' and 'safe' expressly 'shall include... conditions and methods of sanitation and hygiene reasonably necessary for the protection of the life, health, safety, or welfare of employees or the public' (21-3-1), a misdemeanor for each day of violation (21-3-14), beside the federal general duty clause that governs West Virginia's private-sector workplaces (29 U.S.C. 654(a)(1); Ex. DUT-AL-009). Fourth, the orders themselves let a business operate only on conditions: 'must ensure that proper social distancing and hygiene practices are maintained' (EO 9-20 sec. 2; EO 32-20; EO 39-20; EO 40-20; EO 42-20), 'must limit occupancy by the public... to no more than two (2) individual members of the public per 1,000 square feet' (EO 32-20), 'must operate in accordance with any requirements, limitations, or restrictions... issued or imposed from time to time' (EO 37-20), 'in accordance with the applicable guidelines for restaurants... A Guide to Safely Opening Restaurants and Bars' (EO 40-20), 'shall require compliance..., shall post adequate signage..., and shall enforce the same on their premises' (EO 77-20 para. 2), and every essential employer in twelve counties 'shall order their employees... to work from their home' (EO 20-20 to 24-20). The Governor's sector guides, incorporated by those clauses, state that 'Failure to adhere to these guidelines may result in suspension of a restaurant's or bar's license to operate or its ABCA license' and 'may result in appropriate enforcement measures,' and use 'must,' 'shall,' 'should' and 'strongly encouraged' item by item, recorded here exactly. The COVID-19 Jobs Protection Act (SB 277, ch. 1, Acts 2021, approved Mar. 19, 2021, retroactive to Jan. 1, 2020) is recorded exactly as written: its immunity in 55-19-4 is not conditioned on compliance and yields only to 'intentional conduct with actual malice' (55-19-7); what the Act does is define the protected conduct as 'Implementing policies and procedures designed to prevent or minimize the spread of COVID-19' and 'Actions taken in response to federal, state, or local orders, recommendations, or guidelines lawfully set forth in response to COVID-19' (55-19-3(1)(A), (I)), define 'Public health guidance' as the written COVID-19 guidance of the CDC, OSHA, the Office of the Governor and the State health department (55-19-3(14)), and find as legislative fact that 'all nonessential businesses were directed to cease all activities except for minimum basic operations' and that residents 'were directed to stay at home' (55-19-2(a)(4), (5)). The Monongalia County Health Officer closed businesses on three cases and inspected on complaints of 'not adequately enforcing the Governor's mask order' under W. Va. Code 16-2-15 (Ex. WV-082). On this record no West Virginia employer's distancing, sanitation, screening, occupancy or face-covering measure was a matter of volition: each was a condition of operating under an order, a duty under the public health and labor codes, or both.

The question these duties answer

Whether the measures employers took beyond the four corners of the Governor's executive orders were voluntary within Notice 2021-20 Q&A-14, or were the discharge of standing duties imposed by West Virginia law and of operating conditions written into the orders themselves.

By character

  • 8 Order operating condition
  • 6 Order penalty
  • 4 Statutory duty
  • 3 Guidance incorporated
  • 3 Workplace duty
  • 2 Liability shield condition
  • 2 Sanitary code duty
  • 2 Statutory authority
  • 1 Recommendation only

Exhibits

Ex. DUT-WV-001 Ex. DUT-WV-002 Ex. DUT-WV-003 Ex. DUT-WV-004 Ex. DUT-WV-005 Ex. DUT-WV-006 Ex. DUT-WV-007 Ex. DUT-WV-008 Ex. DUT-WV-009 Ex. DUT-WV-010 Ex. DUT-WV-011 Ex. DUT-WV-012 Ex. DUT-WV-013 Ex. DUT-WV-014 Ex. DUT-WV-015 Ex. DUT-WV-016 Ex. DUT-WV-017 Ex. DUT-WV-018 Ex. DUT-WV-019 Ex. DUT-WV-020 Ex. DUT-WV-021 Ex. DUT-WV-022 Ex. DUT-WV-023 Ex. DUT-WV-024 Ex. DUT-WV-025 Ex. DUT-WV-026 Ex. DUT-WV-027 Ex. DUT-WV-028 Ex. DUT-WV-029 Ex. DUT-WV-030 Ex. DUT-WV-031

The West Virginia duties, read in full31 duty records in the Library →

On the calendar

Every dated instrument in the West Virginia file across the nineteen months from March 2020 through September 2021, in the order it took effect. A bar takes the color of the instrument's first limitation type and runs from its effective month through its end month; a fading edge marks an instrument whose end the record does not date. Point at a bar for its dates; open the bar for the record.

Emergency declaration 5Stay-at-home 2Business closure 23Telework mandate 8Capacity limit 14Gathering cap 24Face-covering requirement 6Travel and quarantine 6Schools and child care 13Health care orders 15Alcohol and bars 10Events and venues 18Courts and public offices 10Workplace rules 27Vaccination or testing 3Quarantine and isolation 2Supply chain 3Other 13

All instruments

Every record in the West Virginia file, in the order it took effect. Filter by quarter and by limitation type; sort by any column; open the exhibit ID for the record and the operative words, or the file where The COVID Project holds it.

Showing 84 of 84 instrumentsEvery record that resolves to West Virginia in the Library (119) →
ExhibitInstrumentIssuerLevelEffectiveEndQuartersLimitationsSourceFile
Ex. WV-075Emergency Order 20-EO-01Declaration of a COVID-19 insurance emergency; suspension of claim-handling time frames under 114 CSR 14…Insurance Commissioner James A. DodrillSector regulatorMar. 13, 2020Oct. 15, 20202020 Q22020 Q32020 Q4Workplace rulesOtherPrimary source readPDF 254 KB
Ex. WV-001Proclamation (State of Emergency)A Proclamation by the Governor declaring a State of Emergency in all fifty-five countiesGovernor Jim JusticeStateMar. 16, 2020Nov. 12, 20222020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3Emergency declarationSupply chainPrimary source readPDF 142 KB
Ex. WV-069Administrative Order (COVID-19 precautions)Administrative Order continuing trials, postponing or remoting hearings and suspending rules limiting remote…Supreme Court of Appeals of West Virginia (Chief Justice Tim Armstead)CourtMar. 16, 2020Apr. 22, 20202020 Q2Courts and public officesPrimary source readPDF 484 KB
Ex. WV-002Executive Order 2-20Closure of casinos; restaurants and bars limited to take-awayGovernor Jim JusticeStateMar. 18, 2020May 14, 20202020 Q2Business closureGathering capAlcohol and barsPrimary source readPDF 156 KB
Ex. WV-074Administrative Notice for 175 CSR 4 (filed with the Secretary of State)Authorization of off-premises beer and wine sales by Class A on-premises licensees closed to on-premises…West Virginia Alcohol Beverage Control Administration (Commissioner Fredric L. Wooton), at the direction of the GovernorSector regulatorMar. 18, 2020not dated2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3Business closureAlcohol and barsPrimary source readPDF 187 KB
Ex. WV-076Emergency Order 20-EO-02Insurers to accommodate premium collection, cancellations, nonrenewals and claim documentation; workers'…Insurance Commissioner James A. DodrillSector regulatorMar. 18, 2020Sept. 30, 20212020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3Workplace rulesOtherPrimary source readPDF 278 KB
Ex. WV-003Executive Order 3-20Closure of fitness centers, gymnasiums and recreation centersGovernor Jim JusticeStateMar. 19, 2020May 11, 20202020 Q2Business closurePrimary source readPDF 108 KB
Ex. WV-004Executive Order 4-20Unemployment benefits for persons separated or prevented from working by COVID-19 or communicable disease…Governor Jim JusticeStateMar. 19, 2020June 1, 20212020 Q22020 Q32020 Q42021 Q12021 Q2Courts and public officesOtherPrimary source readPDF 167 KB
Ex. WV-005Executive Order 5-20County authority to restrict public access to courthouses and county facilitiesGovernor Jim JusticeStateMar. 19, 2020Apr. 20, 20212020 Q22020 Q32020 Q42021 Q12021 Q2Courts and public officesPrimary source readPDF 107 KB
Ex. WV-007Executive Order 7-20 (Mar. 19, 2020), sec. 14; WV-067 (EO 23-21, July 20, 2021)Suspension of regulatory statutes for the duration of the State of Emergency (medical licensure and…Governor Jim JusticeStateMar. 19, 2020Nov. 16, 20202020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3Health care ordersCourts and public officesOtherPrimary source readPDF 160 KB
Ex. WV-006Executive Order 6-20Closure of barber shops, nail salons and hair salonsGovernor Jim JusticeStateMar. 20, 2020May 4, 20202020 Q2Business closurePrimary source readPDF 98 KB
Ex. WV-008Executive Order 8-20Closure of state park lodges and the Hatfield-McCoy TrailGovernor Jim JusticeStateMar. 21, 2020May 21, 20202020 Q2Business closureTravel and quarantinePrimary source readPDF 102 KB
Ex. WV-010Executive Order 10-20Suspension of regulatory statutes (election administration; registered nurse and APRN licensure, CRNA…Governor Jim JusticeStateMar. 23, 2020Mar. 26, 20202020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3Health care ordersCourts and public officesOtherPrimary source readPDF 214 KB
Ex. WV-070Administrative Order: Judicial Emergency DeclaredJudicial emergency declared March 23 through April 10, 2020 in all 55 counties; proceedings and deadlines…Supreme Court of Appeals of West Virginia (Chief Justice Tim Armstead)CourtMar. 23, 2020May 1, 20202020 Q2Courts and public officesPrimary source readPDF 1.2 MB
Ex. WV-077Emergency Order 20-EO-03Workers' compensation: claim-handling time standards suspended; no termination of temporary total disability…Insurance Commissioner James A. DodrillSector regulatorMar. 23, 2020Oct. 15, 20202020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3Health care ordersWorkplace rulesOtherPrimary source readPDF 272 KB
Ex. WV-009Executive Order 9-20Stay at Home Order: general stay-at-home directive; closure of non-essential businesses; definition of…Governor Jim JusticeStateMar. 24, 2020May 4, 20202020 Q22020 Q32020 Q42021 Q12021 Q2Stay-at-homeBusiness closureTelework mandateGathering capSchools and child careEvents and venuesWorkplace rulesPrimary source readPDF 607 KB
Ex. WV-011Executive Order 13-20Suspension of income tax filing and payment deadlines to July 15, 2020; property tax delinquency deferred to…Governor Jim JusticeStateMar. 26, 2020Apr. 20, 20212020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3OtherPrimary source readPDF 88 KB
Ex. WV-012Executive Order 14-20Closure of state park campgrounds; 14-day isolation of individuals traveling from areas with substantial…Governor Jim JusticeStateMar. 31, 2020May 21, 20202020 Q2Business closureTravel and quarantineQuarantine and isolationPrimary source readPDF 89 KB
Ex. WV-015Executive Order 17-20Suspension of health regulatory statutes (CRNA administration of anesthesia; APRN prescriptive authority…Governor Jim JusticeStateMar. 31, 2020Apr. 20, 20212020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3Health care ordersPrimary source readPDF 167 KB
Ex. WV-013Executive Order 15-20Closure of private campgrounds to new arrivals from outside West VirginiaGovernor Jim JusticeStateApr. 1, 2020June 10, 20202020 Q2Business closureTravel and quarantinePrimary source readPDF 86 KB
Ex. WV-014Executive Order 16-20Prohibition of all elective medical procedures in hospitals, offices and clinicsGovernor Jim JusticeStateApr. 1, 2020Apr. 20, 20202020 Q2Health care ordersPrimary source readPDF 77 KB
Ex. WV-016Executive Order 18-20Postponement of the May 12, 2020 primary election to June 9, 2020 and of municipal electionsGovernor Jim JusticeStateApr. 1, 2020Apr. 20, 20212020 Q2Gathering capEvents and venuesCourts and public officesPrimary source readPDF 112 KB
Ex. WV-071Administrative Order: Judicial Emergency Declared, Amended OrderJudicial emergency extended through May 1, 2020; in-person proceedings and deadlines stayed; jury trials…Supreme Court of Appeals of West VirginiaCourtApr. 3, 2020Apr. 22, 20202020 Q2Courts and public officesPrimary source readPDF 1.6 MB
Ex. WV-017Executive Order 20-20Hotspot order for Berkeley, Jefferson and Morgan Counties: five-person gathering limit; mandatory remote work…Governor Jim JusticeStateApr. 4, 2020Apr. 24, 20202020 Q2Telework mandateCapacity limitGathering capWorkplace rulesPrimary source readPDF 169 KB
Ex. WV-018Executive Order 21-20Hotspot order for Harrison, Kanawha and Monongalia Counties: five-person gathering limit; mandatory remote…Governor Jim JusticeStateApr. 5, 2020May 4, 20202020 Q2Telework mandateCapacity limitGathering capWorkplace rulesPrimary source readPDF 177 KB
Ex. WV-019Executive Order 22-20Hotspot order for Marion CountyGovernor Jim JusticeStateApr. 9, 2020May 19, 20202020 Q2Telework mandateCapacity limitGathering capWorkplace rulesPrimary source readPDF 250 KB
Ex. WV-020Executive Order 23-20Golf course operating conditions; suspension of counseling licensure limits, municipal election dates and ABCA…Governor Jim JusticeStateApr. 10, 2020June 10, 20202020 Q2Alcohol and barsWorkplace rulesOtherPrimary source readPDF 249 KB
Ex. WV-021Executive Order 24-20Hotspot order for Cabell, Ohio, Wayne and Wood CountiesGovernor Jim JusticeStateApr. 11, 2020May 4, 20202020 Q2Telework mandateCapacity limitGathering capWorkplace rulesPrimary source readPDF 262 KB
Ex. WV-022Executive Order 27-20Testing of all nursing home residents and staff by DHHR and the National GuardGovernor Jim JusticeStateApr. 17, 2020Apr. 20, 20212020 Q2Health care ordersWorkplace rulesPrimary source readPDF 117 KB
Ex. WV-023Executive Order 28-20Amendment of EO 16-20: hospitals and ambulatory surgical centers may resume more urgent elective procedures on…Governor Jim JusticeStateApr. 20, 2020Sept. 30, 20212020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3Health care ordersWorkplace rulesSupply chainPrimary source readPDF 192 KB
Ex. WV-072Administrative Order: Judicial Emergency Declared, Second Amended OrderJudicial emergency extended through May 15, 2020; jury trials and grand jury proceedings stayed; deadlines and…Supreme Court of Appeals of West VirginiaCourtApr. 22, 2020May 15, 20202020 Q2Courts and public officesPrimary source readPDF 2.1 MB
Ex. WV-025Executive Order 31-20Suspension of dental and dental hygiene clinical-examination licensure requirements; provisional licenses…Governor Jim JusticeStateApr. 28, 2020Apr. 20, 20212020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3Health care ordersPrimary source readPDF 132 KB
Ex. WV-024Executive Order 30-20Termination of the elective-procedure prohibition for all facilities except OHFLAC-regulated hospitals and…Governor Jim JusticeStateApr. 30, 2020Sept. 30, 20212020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3Health care ordersWorkplace rulesSupply chainPrimary source readPDF 246 KB
Ex. WV-026Executive Order 32-20Safer at Home Order: amendment of EO 9-20 (safer-at-home directive; small businesses of ten or fewer…Governor Jim JusticeStateMay 4, 2020Apr. 20, 20212020 Q22020 Q32020 Q42021 Q12021 Q2Stay-at-homeBusiness closureCapacity limitGathering capAlcohol and barsEvents and venuesWorkplace rulesPrimary source readPDF 703 KB
Ex. WV-027Executive Order 33-20Termination of hotspot provisions for Kanawha, Ohio and Jackson CountiesGovernor Jim JusticeStateMay 4, 2020June 30, 20202020 Q2Telework mandateCapacity limitGathering capPrimary source readPDF 121 KB
Ex. WV-028Executive Order 34-20Termination of Executive Order 24-20Governor Jim JusticeStateMay 5, 2020June 30, 20202020 Q2Telework mandateCapacity limitGathering capPrimary source readPDF 128 KB
Ex. WV-029Executive Order 35-20Testing of all residents and staff of assisted living residences and residential care communities and of all…Governor Jim JusticeStateMay 6, 2020Apr. 20, 20212020 Q2Schools and child careHealth care ordersWorkplace rulesPrimary source readPDF 133 KB
Ex. WV-073Administrative Order: Resumption of Operations, with COVID-19 Resumption of Operations ProtocolsJudicial emergency continued through May 15, 2020; in-person hearings from May 18, grand juries from June 15…Supreme Court of Appeals of West VirginiaCourtMay 6, 2020Sept. 30, 20212020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3Courts and public officesWorkplace rulesPrimary source readPDF 5.4 MB
Ex. WV-030Executive Order 36-20Week 3 of The Comeback: wellness centers operated with licensed providers; drive-in theaters; malls' small…Governor Jim JusticeStateMay 11, 2020Apr. 20, 20212020 Q2Business closureEvents and venuesWorkplace rulesPrimary source readPDF 278 KB
Ex. WV-031Executive Order 37-20Termination of the gym closure; fitness centers, gymnasiums and recreation centers may resume under guidanceGovernor Jim JusticeStateMay 18, 2020Apr. 20, 20212020 Q2Business closureWorkplace rulesPrimary source readPDF 214 KB
Ex. WV-032Executive Order 38-20Termination of hotspot orders EO 20-20, 21-20 and 22-20Governor Jim JusticeStateMay 19, 2020June 30, 20202020 Q2Telework mandateCapacity limitGathering capPrimary source readPDF 136 KB
Ex. WV-033Executive Order 39-20Week 4 of The Comeback: indoor dining at 50 percent of seating; retail and malls reopen; tanning; outdoor…Governor Jim JusticeStateMay 21, 2020Apr. 20, 20212020 Q22020 Q32020 Q42021 Q1Business closureCapacity limitTravel and quarantineWorkplace rulesPrimary source readPDF 411 KB
Ex. WV-034Executive Order 40-20Week 5 of The Comeback: bars at 50 percent of indoor seating; museums and zoos reopenGovernor Jim JusticeStateMay 26, 2020Apr. 20, 20212020 Q22020 Q32020 Q42021 Q1Business closureCapacity limitAlcohol and barsPrimary source readPDF 556 KB
Ex. WV-035Executive Order 41-20Week 6 of The Comeback: spas and massage businesses, swimming pools, places of indoor amusement (bowling…Governor Jim JusticeStateMay 30, 2020Apr. 20, 20212020 Q22020 Q32020 Q42021 Q1Business closureWorkplace rulesPrimary source readPDF 433 KB
Ex. WV-036Executive Order 42-20Gathering limit raised from 25 to 100; movie theaters, casinos and bingo halls reopenGovernor Jim JusticeStateJune 5, 2020July 14, 20202020 Q22020 Q3Business closureGathering capWorkplace rulesPrimary source readPDF 421 KB
Ex. WV-037Executive Order 43-20Low-contact sports and school athletics: practices from June 8, competitions with spectators from June 22…Governor Jim JusticeStateJune 8, 2020Apr. 20, 20212020 Q22020 Q3Gathering capSchools and child careEvents and venuesPrimary source readPDF 353 KB
Ex. WV-038Executive Order 44-20Termination of EO 15-20 and of the state-park campground residency limit; out-of-state campground stays…Governor Jim JusticeStateJune 10, 2020Apr. 20, 20212020 Q22020 Q32020 Q42021 Q1Travel and quarantinePrimary source readPDF 382 KB
Ex. WV-039Executive Order 45-20Graduation ceremonies; racetracks with spectators; prohibited activities narrowed to amusement rides…Governor Jim JusticeStateJune 22, 2020Apr. 20, 20212020 Q22020 Q3Business closureSchools and child careEvents and venuesPrimary source readPDF 241 KB
Ex. WV-040Executive Order 49-20Fairs, festivals, amusement parks and parades may resume; indoor concert and music halls and adult…Governor Jim JusticeStateJuly 1, 2020July 14, 20202020 Q3Business closureGathering capEvents and venuesPrimary source readPDF 337 KB
Ex. WV-041Executive Order 50-20Statewide indoor face-covering requirement for individuals age nine and overGovernor Jim JusticeStateJuly 7, 2020Nov. 14, 20202020 Q32020 Q4Face-covering requirementPrimary source readPDF 205 KB
Ex. WV-042Executive Order 51-20Gathering limit reduced from 100 to 25; fairs, festivals and concerts closed; live music prohibited indoors…Governor Jim JusticeStateJuly 14, 2020Feb. 17, 20212020 Q32020 Q42021 Q1Business closureGathering capEvents and venuesPrimary source readPDF 234 KB
Ex. WV-043Executive Order 52-20Closure of all bars in Monongalia County; bar areas of restaurants and hotels limited to table seatingGovernor Jim JusticeStateJuly 14, 2020Dec. 31, 20202020 Q32020 Q4Business closureCapacity limitAlcohol and barsPrimary source readPDF 183 KB
Ex. WV-082Monongalia County Health Department Ordinance (Health Officer's order)Businesses serving the public with three new COVID-19 cases required to close for deep cleaning; second…Monongalia County Health Department (Dr. Lee B. Smith, Executive Director and County Health Officer)CountyJuly 15, 2020June 20, 20212020 Q32020 Q42021 Q12021 Q2Business closureFace-covering requirementWorkplace rulesQuarantine and isolationPrimary source readPDF 469 KB
Ex. WV-044Executive Order 56-20Schools: in-person pre-K-12 instruction no sooner than September 8, 2020; colleges may resume; live music…Governor Jim JusticeStateJuly 25, 2020Apr. 20, 20212020 Q32020 Q4Gathering capSchools and child careEvents and venuesPrimary source readPDF 259 KB
Ex. WV-045Executive Order 61-20Prohibition of visitation by the general public in all OHFLAC-regulated nursing homes except compassionate…Governor Jim JusticeStateAug. 13, 2020Apr. 20, 20212020 Q32020 Q42021 Q12021 Q2Health care ordersPrimary source readPDF 169 KB
Ex. WV-080Nursing Home and Assisted Living Residences COVID-19 Reopening Plan (revised August 21, 2020)Phased visitation, communal dining, group activity, non-essential personnel and salon-service rules keyed to…DHHR Office of Health Facility Licensure and Certification (OHFLAC)Sector regulatorAug. 21, 2020Apr. 27, 20212020 Q32020 Q42021 Q12021 Q2Gathering capHealth care ordersWorkplace rulesPrimary source readPDF 223 KB
Ex. WV-083Emergency Ordinance No. 2020-5An Emergency Ordinance continuing the State of Emergency and authorizing public health measures to prevent…Morgantown City CouncilCitySept. 1, 2020Dec. 15, 20202020 Q32020 Q4Emergency declarationCapacity limitGathering capAlcohol and barsPrimary source readPDF 654 KB
Ex. WV-046Executive Order 68-20Public and private pre-K-12 schools required to follow the DHHR County Alert System for in-person instruction…Governor Jim JusticeStateSept. 4, 2020Sept. 23, 20202020 Q32020 Q42021 Q1Schools and child careEvents and venuesPrimary source readPDF 213 KB
Ex. WV-084Order of the City Manager (September 10, 2020)Parties and social gatherings prohibited at residential units in designated student neighborhoods; assembly…City Manager Emily Muzzarelli, P.E.CitySept. 11, 2020Dec. 15, 20202020 Q32020 Q4Gathering capPrimary source readPDF 84 KB
Ex. WV-047Executive Order 70-20Gathering limit reduced from 25 to 10 and travel sports prohibited in Red, Orange and Gold countiesGovernor Jim JusticeStateSept. 16, 2020Mar. 6, 20212020 Q32020 Q42021 Q12021 Q22021 Q3Gathering capTravel and quarantineEvents and venuesPrimary source readPDF 231 KB
Ex. WV-048Executive Order 71-20Amendment of EO 68-20: private schools with State testing and safety agreements may hold in-person instructionGovernor Jim JusticeStateSept. 23, 2020Jan. 11, 20212020 Q32020 Q42021 Q1Schools and child carePrimary source readPDF 239 KB
Ex. WV-049Executive Order 74-20Live music: outdoor performances permitted under guidance; indoor performances only for broadcast to remote…Governor Jim JusticeStateOct. 6, 2020Feb. 17, 20212020 Q42021 Q1Business closureEvents and venuesPrimary source readPDF 216 KB
Ex. WV-050Executive Order 75-20Termination of EO 65-20; Monongalia County bars may reopen under Supplemental Protocols and ABCA guidanceGovernor Jim JusticeStateOct. 13, 2020Dec. 31, 20202020 Q4Alcohol and barsWorkplace rulesPrimary source readPDF 287 KB
Ex. WV-078Emergency Order 20-EO-09Modification and partial rescission of Emergency Orders 20-EO-01, 02, 03, 04 and 06a; door-to-door insurance…Insurance Commissioner James A. DodrillSector regulatorOct. 15, 2020Mar. 24, 20232020 Q42021 Q12021 Q22021 Q3Workplace rulesOtherPrimary source readPDF 178 KB
Ex. WV-053Executive Order 79-20Twice-weekly COVID-19 testing of all doctors, nurses, staff and employees of nursing homes and assisted living…Governor Jim JusticeStateNov. 13, 2020Apr. 30, 20212020 Q42021 Q12021 Q2Health care ordersWorkplace rulesVaccination or testingPrimary source readPDF 109 KB
Ex. WV-054Executive Order 80-20All youth winter sports teams and leagues barred from practices, games and competition until at least January…Governor Jim JusticeStateNov. 13, 2020Jan. 11, 20212020 Q42021 Q1Gathering capSchools and child careEvents and venuesPrimary source readPDF 183 KB
Ex. WV-051Executive Order 77-20Face Covering Order broadened: all individuals age nine and over in confined indoor public spaces regardless…Governor Jim JusticeStateNov. 14, 2020Apr. 20, 20212020 Q42021 Q12021 Q2Face-covering requirementWorkplace rulesPrimary source readPDF 220 KB
Ex. WV-052Executive Order 78-20Schools limited to remote learning November 26 through December 2, 2020Governor Jim JusticeStateNov. 26, 2020Dec. 2, 20202020 Q4Schools and child carePrimary source readPDF 112 KB
Ex. WV-056Executive Order 2-21All sports teams and leagues barred from practice until February 14, 2021 and from competition until March 3…Governor Jim JusticeStateJan. 11, 2021Apr. 20, 20212021 Q1Gathering capSchools and child careEvents and venuesPrimary source readPDF 216 KB
Ex. WV-055Executive Order 1-21Elementary and middle schools may open for in-person instruction from January 19, 2021 regardless of county…Governor Jim JusticeStateJan. 19, 2021Feb. 19, 20212021 Q1Schools and child carePrimary source readPDF 215 KB
Ex. WV-057Executive Order 5-21Live indoor performances with vocals or wind instruments prohibited except for broadcastGovernor Jim JusticeStateFeb. 17, 2021Mar. 25, 20212021 Q1Business closureEvents and venuesPrimary source readPDF 218 KB
Ex. WV-059Executive Order 7-21Schools: elementary and middle schools open in person regardless of county color; Red-county high schools…Governor Jim JusticeStateFeb. 19, 2021Mar. 24, 20212021 Q1Schools and child carePrimary source readPDF 232 KB
Ex. WV-058Executive Order 6-21Gathering limit raised from 25 to 75; restaurants and bars up to 75 percent of seating subject to distancing…Governor Jim JusticeStateFeb. 20, 2021Mar. 6, 20212021 Q1Capacity limitGathering capAlcohol and barsPrimary source readPDF 260 KB
Ex. WV-060Executive Order 8-21Gathering limit raised to 100; restaurants and bars up to 100 percent of seating subject to distancing between…Governor Jim JusticeStateMar. 6, 2021Apr. 20, 20212021 Q12021 Q2Capacity limitGathering capAlcohol and barsEvents and venuesPrimary source readPDF 273 KB
Ex. WV-062Executive Order 10-21All schools may open for in-person instruction regardless of county color, coordinating with local health…Governor Jim JusticeStateMar. 24, 2021Apr. 20, 20212021 Q12021 Q22021 Q3Schools and child carePrimary source readPDF 231 KB
Ex. WV-061Executive Order 9-21Termination of Section 4 (prohibited activities) of EO 9-20; fairs, festivals and summer camps may resume May…Governor Jim JusticeStateMar. 25, 2021May 1, 20212021 Q12021 Q2Business closureEvents and venuesPrimary source readPDF 185 KB
Ex. WV-063Executive Order 12-21Formal termination of EO 9-20 and sixty-odd companion orders effective April 20, 2021; enumeration of orders…Governor Jim JusticeStateApr. 20, 2021June 20, 20212021 Q22021 Q3Face-covering requirementHealth care ordersEvents and venuesOtherPrimary source readPDF 517 KB
Ex. WV-064Executive Order 13-21Termination of EO 79-20; at-least-twice-weekly testing continued for nursing-home and assisted-living staff…Governor Jim JusticeStateApr. 30, 2021Sept. 30, 20212021 Q22021 Q3Health care ordersWorkplace rulesVaccination or testingPrimary source readPDF 171 KB
Ex. WV-065Executive Order 16-21Face Covering Order amended: fully vaccinated individuals exempt; private entities, businesses, schools and…Governor Jim JusticeStateMay 14, 2021June 20, 20212021 Q2Face-covering requirementVaccination or testingPrimary source readPDF 215 KB
Ex. WV-081Enrolled Committee Substitute for Senate Bill 12 (2021 Reg. Sess., ch. 213)Relating to local health departments: local board of health rules subject to approval by the appointing county…West Virginia Legislature (2021 Regular Session), approved by Governor Jim JusticeStateJune 2, 2021Sept. 30, 20212021 Q22021 Q3OtherPrimary source readPDF 209 KB
Ex. WV-066Executive Order 20-21Termination of the Face Covering Order (EO 77-20 as amended) effective West Virginia Day, June 20, 2021Governor Jim JusticeStateJune 20, 2021June 30, 20212021 Q2Face-covering requirementPrimary source readPDF 153 KB
Ex. WV-067Executive Order 23-21Termination of the vehicle-inspection deadline suspension (EO 7-20 section 14) effective October 1, 2021Governor Jim JusticeStateOct. 1, 2021not dated2021 Q3Emergency declarationOtherPrimary source readPDF 123 KB
Ex. WV-068Proclamation terminating the COVID-19 State of EmergencyProclamation of November 12, 2022 terminating the COVID-19 emergency declaration effective January 1, 2023Governor Jim JusticeStateJan. 1, 2023not datedEmergency declarationConfirmed from a secondary source—
Ex. WV-079Emergency Order 23-EO-01Rescission of all COVID-19 Emergency Orders of the Insurance CommissionerInsurance Commissioner Allan L. McVeySector regulatorMar. 24, 2023not datedEmergency declarationOtherPrimary source readPDF 146 KB

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