OCHD: COVID-19 Enforcement Process Outlined

Description: The Otero/Crowley County Health Department Outlined the COVID-19 Enforcement Process in an email to local Officials and Authorities.

OCHD COVID-19 Enforcement Process 

Hello to all.  At this point in the pandemic, we have far fewer state public health orders than we did a few months ago.  We do, however, have requirements regarding schools and congregate care facilities (i.e. nursing homes, prisons, etc.).  Below is the process OCHD will follow in the event we receive complaints regarding noncompliance:

1.       Investigation

a.       OCHD will investigate the complaint directly.

b.      If we find no evidence to support the complaint, then there will be no further action for this specific complaint.

c.       If we find evidence to support the complaint, we will proceed with a notice to the respondent.

2.       Respondent Notice

a.       OCHD will send a Notice of Violation/Notice to Comply to the respondent detailing the noncompliance, the corrective action(s) needed for compliance, and a timeframe to achieve compliance.

b.      We will request that the appropriate Sheriff’s Office serve the notices.

c.       OCHD will perform a follow-up inspection after the Notice has been served and after the stated timeframe for correction has been allowed.

d.      If we find evidence that adequate corrections were made to bring the organization into compliance, then there will be no further action for this specific complaint.

e.      If we find evidence that no/inadequate corrections were made to bring the organization into compliance, then OCHD will proceed with enforcement.

3.       Enforcement

a.       OCHD will forward the case to our legal counsel, Nate Shultz, for a legal remedy through the court. 

b.      OCHD’s objective at this point is to seek a judge to order the organization to comply.

Pursuant to Colorado Revised Statutes (CRS) 25-1-506(3)(b)(IV)(A) & (C) and Constitutional Due Process provisions, OCHD is obligated to follow the above process.

If you have questions, please do not hesitate to contact me.

Richard Ritter, Executive Director

Otero County Health Department

13 West 3rd Street, Room 111

La Junta, Colorado 81050

719-383-3045 (Office)

719-383-3060 (Fax)

rritter@oterogov.org

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