The Vermont Statutes Online
The Statutes below include the actions of the 2025 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
(Cite as: 18 V.S.A. § 127)
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§ 127. Emergency health orders
(a) A health officer may, without a prior hearing, issue an emergency health order when
necessary to prevent, remove, or destroy an imminent and substantial public health
hazard or to mitigate an imminent and substantial significant public health risk.
Such order may include any actions available under section 126 of this title. An emergency health order shall be effective upon actual notice to the person against
whom the order is directed.
(b) The health officer may issue an emergency health order only after preparation of a
written statement of reasons stating the need for an emergency health order together
with the supporting evidence and a statement of procedural rights available under
this section. The order, together with the statement and the evidence, shall be made
available as soon as possible to the person to whom the order is directed. An emergency
order shall be served in person by a health officer or in accordance with the procedures
set forth in Rule 4 of the Vermont Rules of Civil Procedure. If the person resides
out of state, the emergency health order shall be served on the person against whom
the order is sought through certified mail.
(c) A person to whom an emergency health order is directed shall be given the opportunity
for a hearing within five business days after the issuance of such order. A person
who is in full compliance with an emergency health order may request, and shall be
granted, an extension of the hearing date. If the emergency order was issued by the
Commissioner, such hearing shall be in front of the Commissioner. If the emergency
order was issued by a local health officer, such hearing shall be in front of the
selectboard. At the hearing, the person to whom the order is directed shall be given
the opportunity to rebut allegations upon which the emergency health order is based.
After the hearing, the Commissioner or selectboard shall issue a health order pursuant
to section 126 of this title affirming, modifying, or terminating the emergency health order. (Added 1985, No. 267 (Adj. Sess.), § 11; amended 2021, No. 15, § 8; 2023, No. 6, § 95, eff. July 1, 2023.)