EO 65 and Updates Aug 17

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.

New Hampshire mail-in ballots may be delayed in November election, USPS warns

https://www.wmur.com/article/new-hampshire-mail-on-ballots-may-be-delayed-in-november-election-usps-warns/33616430

Granite State students form organization to help the elderly during the pandemic

https://www.wmur.com/article/granite-state-students-form-organization-to-help-the-elderly-during-the-pandemic/33614664

Day care programs to support remote learning are too costly for many

https://www.unionleader.com/news/education/day-care-programs-to-support-remote-learning-are-too-costly-for-many/article_c834a0c9-e35a-596a-84c2-caba112ee796.html

Manchester Christian Church returns to online-only services

https://www.unionleader.com/news/religion/manchester-christian-church-returns-to-online-only-services/article_3402d19f-2ec2-59ce-98bf-ebb11542fcb1.html?block_id=897573

Northeast states investigate virus spread via youth hockey

https://apnews.com/f3d9bcba823ab50b660bda788d6648f1

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).