NYS Public Health Legal Manual: A Guide for Judges, Attorneys ...

NEW YORK STATE PUBLIC HEALTH LEGAL MANUAL § 1.40
for any violation of an order]. • Localities: PHL §§ 309(1)(f) [local board
of health may “prescribe and impose penalties for the violation of or failure
to comply with any of its orders or regulations, or any of the regulations
of the state sanitary code, not exceeding one thousand dollars for a
single violation or failure, to be sued for and recovered by it in any court
of competent jurisdiction”]; 309(1)(g) [local boards of health may appoint
hearing officers to make findings of fact and recommendations to the
board]; 324(1)(e) [local health officer shall enforce the PHL and State
Sanitary Code]. • New York City: Health Code [24 RCNY] §§ 3.05(a)
[prohibiting violation of any order of City Commissioner of Health, City
Department of Health, or Board of Health]; 3.11(a) [violations subject to
penalty or fine of $200–$2000 per day].
[1.40] b. Criminal Enforcement
PHL § 12-b [person who violates an order of the local health officer is
guilty of a misdemeanor]. See also PHL § 229 [noncompliance with any
provision of the State Sanitary Code is a violation]. • New York City: New
York City Charter § 562 [failure to comply with any order of City Commissioner
of Health or Board of Health is a misdemeanor].
Commentary
The issuance of a health order by the local health officer directing
the confinement of an individual commences an administrative process
for the isolation of infected persons or the quarantine of persons
exposed to infected persons. Unlike the New York City Health
Code, there is no mention of the term “health order” in the PHL or
Sanitary Code; the issuance of the order flows from the authority of
the local health officer to “enforce” the PHL and Code.
There is little guidance in the PHL, the Sanitary Code, or the New
York City Health Code as to how this local administrative process
works. Those provisions of the PHL that address administrative
hearings pertain only to the State Commissioner of Health. See PHL
§§ 12-a [authority of State Commissioner to conduct administrative
hearings]; 16 [authority of State Commissioner to take summary
action before a hearing is held where a condition “constitutes danger
to the health of the people”]. See, in general, State Administrative
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