Emergency Order 65
I have been getting a lot of questions about enforcement. I suspect the Governor did as well, since he issued EO 65 last week:
“An order authorizing assessments of civil penalties against businesses, organizations, entities, property owners, facility owners, organizers, and individuals who violate emergency orders”
An easy way to read Executive Orders is to skip all the “whereas” sections. If you do that with EO65, you get this:
NOW, THEREFORE, Pursuant to Section 18 of Executive Order 2020-04 as extended by Executive Orders 2020-05, 2020-08, 2020-09, 2020-10, 2020-14, 2020-15, and 2020-16, it is hereby ordered, effective immediately, that:
1. Violations of any Emergency Order, rule, or regulation issued under the State of Emergency are subject to the penalty provision under RSA 21-P:47.
2. Violations of any Emergency Order, rule, or regulation issued under the State of Emergency are subject to injunctive action brought by the State seeking compliance.
3. Any business, organization, entity, property owner, facility owner, organizer, or individual that recklessly violates any Emergency Order, rule, or regulation issued under the State of Emergency shall be subject to civil penalties of up to $1,000 for each violation or day that a violation continues.
4. The attorney general shall have authority to notify suspected violators of any Emergency Order of the state’s intention to seek a civil penalty or take any other enforcement action, to negotiate, and to settle with such suspected violators without court action.
5. The Division of Public Health (DPH), working through its staff or local health officers, shall take necessary enforcement actions for violations of the Emergency Orders, including imposing civil penalties or immediately closing an event, activity, business, entity, organization, facility, or property.
6. Civil penalties may be imposed for the following:
a. Failure to comply with any Emergency Order, rule or regulation issued under the State of Emergency and enforced by DPH; the fine shall be $2,000 per day;
b. Failure to cooperate in an investigation of a potential violation of an Emergency Order, the fine shall be $1,000 per day;
c. Failure to cease operations upon notification of DPH to do so, the fine shall be $1,000 per day;and
d. Failure to comply with DPH instructions after notification of a positive COVID-19 test result, the fine shall be $1,000 per day.
7. When imposing a civil penalty or immediately closing an event, activity, business, organization, entity, facility, or property, DPH shall send or deliver to the entity, business, organization, property owner, facility owner, individual, or organizer of an event or activity to be used in violation of an Emergency
Order a written notice that sets forth:
a. The action being taken by DPH;
b. The reasons for the action, including the identification of each violation as applicable; and
c. The ability of the entity, business, organization, property owner, facility owner, individual, or organizer an event or activity to request a hearing.
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NH DHHS COVID-19 Update – August 16th, 2020
On Sunday, August 16, 2020, DHHS announced 8 new positive test results for COVID-19. There have now been 6,988 cases of COVID-19 diagnosed in New Hampshire. Several cases are still under investigation. Additional information from ongoing investigations will be incorporated into future COVID-19 updates. Of those with complete information, there is one individual under the age of 18 and the rest are adults, with 62% being female and 38% being male. The new cases reside in Hillsborough County other than Manchester and Nashua (2), Rockingham (2), Belknap (1), and Sullivan (1) counties, and in the cities of Manchester (1) and Nashua (1).
Two new hospitalized cases were identified for a total of 708 (10%) of 6,988 cases.
Community Based Transmission
None of the new cases had no identified risk factors.
No deaths were reported by DHHS.
Cumulative Positive Tests by County
- Belknap 121
- Carroll 96
- Cheshire 106
- Coos 17
- Grafton 107
- Hillsborough – Other 1,271
- Hillsborough – Manchester 1866
- Hillsborough – Nashua 798
- Merrimack 472
- Rockingham 1723
- Strafford 367
- Sullivan 44
New Hampshire 2019 Novel Coronavirus (COVID-19) Summary Report
(data updated August 16th, 2020, 9:00 AM)
NH Persons with COVID-191 6,988
- Recovered 6,287 (90%)
- Deaths Attributed to COVID-19 423 (6%)
- Total Current COVID-19 Cases 278
- Persons Who Have Been Hospitalized for COVID-19 708 (10%)
- Current Hospitalizations 13
Total Persons Tested at Selected Laboratories,
- Polymerase Chain Reaction (PCR) 184,929
- Total Persons Tested at Selected Laboratories, Antibody
- Laboratory Tests 28,671
- Persons with Specimens Submitted to NH PHL 40,001
- Persons with Test Pending at NH PHL 1,275
- Persons Being Monitored in NH (approximate point in time) 2,625
Number of Specimens Tested by Date of Report to NH DHHS
Information above, and archived daily updates are available here: https://www.nh.gov/covid19/news/updates.htm
Regional Information (total positive test results, deaths)
Look-back period is 1 week.
NH: 6,988 positive test results 423 deaths (1 week ago: 6,818 positive test results 419 deaths) (+170/+4)
MA: 123,593 positive test results 8838 deaths (1 week ago: 120,711 positive test results 8721 deaths) (+2882/+117)
ME: 4,168 positive test results 127 deaths (1 week ago: 4,042 positive test results 125 deaths)
VT: 1,515 positive test results 58 deaths (1 week ago: 1,459 positive test results 58 deaths)
CT: 50,897 positive test results 4,453 deaths (1 week ago: 50,320 positive test results 4,441 deaths)
RI: 20,335 positive test results 1021 deaths (1 week ago: 19,738 positive test results 1014 deaths)
NY: 430,226 positive test results 32,424 deaths (1 week ago: 425,568 positive test results 32,354 deaths) (+4,658/+70)