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Emergency Order Issued Imposing Potential Fines

Jul 31, 2020

In order to reinforce Governor Whitmer’s two most recent executive orders, the Department of Health and Human Services issued an emergency order, which allows for civil fines of up to $1,000 and referral to licensing agencies for violations. The Emergency Order requires that everyone must comply with the procedures and restrictions outlined in the following Executive Orders:

    • Executive Order 2020-160, which limits statewide indoor gatherings to 10 people or less and, across most of the state, limits outdoor gatherings to 100. (The outdoor gathering limits will remain at 250 in Regions 6 and 8.) It also orders that bars in every region, including those in Regions 6 and 8, must close for indoor service if they earn more than 70 percent of their gross receipts from sales of alcoholic beverages
    • Executive Order 2020-161, which orders businesses to develop COVID-19 preparedness and response plans, designate supervisors to implement and monitor those plans, and train employees on workplace infection control and use of personal protective equipment.

Any violations of the Emergency Order by a person regulated by a licensing agency would be referred to the relevant licensing agency for a determination on whether to pursue additional enforcement action on a case-by-case basis.  Additionally, local health departments are authorized to carry out and enforce the terms of this order. Law enforcement officers may enforce this order and are authorized to investigate potential violations. They may coordinate as necessary with the local health department and enforce this order within their jurisdiction. Criminal penalties for violation of the executive orders also remain an option for prosecutors.

To read the full Emergency Order, please click here.

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