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Managing a Cease and Desist Order for COVID-19 Regulation Violations

Feb 25, 2023

 

What you’ll discover:

Why would my company be served with a stop and desist order?
How do authorities know if my company has broken COVID-19 regulations?
What should I do if I get a cease-and-desist order for breaking Covid-19 regulations?
Obtaining legal counsel after a cease and desist order

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As a company owner, you understand how tough it is to stay current on federal, state, and local COVID-19 rules. If you do not follow the government’s requirements correctly, you may get a stop and desist order for breaking COVID-19 restrictions. Here, we’ll go through the essentials of this sort of communication and what you should do next.

Table of Contents

      • Why would my company be served with a stop and desist order?
      • How do authorities know if my company has broken COVID-19 regulations?
      • What should I do if I get a cease-and-desist order for breaking Covid-19 regulations?
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Why would my company be served with a stop and desist order?

Cease and desist orders are used by state, county, and other local government agencies to assist implement COVID-19 laws and regulations. If you obtain a stop and desist order, it implies you have most certainly been reported for failing to comply with specified conditions.

The stop and desist order is often issued by the compliance team coordinator and details the alleged infractions. Businesses in San Diego County, California, for example, who violate rules that they operate only outside may get stop and desist letters from a compliance officer.

The stop and desist order will almost certainly include a list of possible repercussions if your company continues to be noncompliant. Fines and criminal penalties are among the potential outcomes.

How do authorities know if my company has broken COVID-19 regulations?

The majority of infractions are based on citizen reporting. Several counties have set up hotlines to receive reports on compliance in their area. The compliance team may also conduct periodic audits of corporate activities in a certain jurisdiction.

In San Diego County, for example, compliance inspectors may inspect a firm, frequently without previously informing company representatives, to look for problems. In many cases, you may be unaware that a visit to check for COVID-19 compliance took happened.

What should I do if I get a cease-and-desist order for breaking Covid-19 regulations?

In general, if your company does not comply with local or state requirements, you should make changes to do so.

If you do get a letter, contacting the compliance officer who issued the stop and desist order is a good first step if you are unsure about the claimed infringement.

A cease and desist letter should not be ignored. In certain counties, you might face hefty penalties for each offense. Cease and desist letters are placed online for the public to see in certain regions. This might result in negative PR for your firm.

Most cease and desist orders do not need a formal response if the claimed infraction is stopped. There are situations, though, when you may wish to send a response outlining the procedures you took to achieve compliance.

Include a timeframe for when you anticipate protective equipment or new forms to arrive, for example, if you install particular safeguards or need new health screening forms. Bear in mind that you may need to temporarily halt some or all activities until safety precautions are implemented.

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