|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
PARRIS N. GLENDENING, Governor
|
|
|
|
|
|
H.B. 296
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(II) 1. AN ORDER AUTHORIZING THE ISOLATION OR
QUARANTINE ISSUED UNDER THIS PARAGRAPH SHALL:
1. A. IDENTIFY THE ISOLATED OR QUARANTINED
INDIVIDUAL OR GROUP OF INDIVIDUALS BY NAME OR SHARED CHARACTERISTICS;
2. B. SPECIFY FACTUAL FINDINGS WARRANTING
ISOLATION OR QUARANTINE; AND
3. A. C. EXCEPT AS PROVIDED IN
SUB SUB SUBPARAGRAPH B OF THIS SUB SUBPARAGRAPH SUBSUBPARAGRAPH 2
OF THIS SUBPARAGRAPH, BE IN WRITING AND GIVEN TO THE INDIVIDUAL OR GROUP
OF INDIVIDUALS.
B. 2. IF THE COURT DETERMINES THAT THE NOTICE
REQUIRED IN SUB-SUB SUBPARAGRAPH A OF THIS SUB SUBPARAGRAPH
SUBSUBPARAGRAPH 1C OF THIS SUBPARAGRAPH IS IMPRACTICAL BECAUSE OF THE
NUMBER OF INDIVIDUALS OR GEOGRAPHICAL AREA AFFECTED, THE COURT SHALL
ENSURE THAT THE AFFECTED INDIVIDUALS ARE FULLY INFORMED OF THE ORDER
USING THE BEST POSSIBLE MEANS AVAILABLE.
(III) AN ORDER AUTHORIZING ISOLATION OR QUARANTINE IS
EFFECTIVE FOR A PERIOD NOT TO EXCEED 30 DAYS.
(IV) 1. PRIOR TO THE EXPIRATION OF AN ORDER THE
SECRETARY OR DESIGNATED OFFICIAL MAY MOVE TO CONTINUE ISOLATION OR
QUARANTINE FOR SUBSEQUENT 30-DAY PERIODS.
2. THE COURT SHALL BASE ITS DECISION ON THE
STANDARDS PROVIDED UNDER THIS PARAGRAPH.
(6) IN THE EVENT THAT AN INDIVIDUAL CANNOT PERSONALLY APPEAR
BEFORE THE COURT, PROCEEDINGS MAY BE CONDUCTED:
(I) BY AN INDIVIDUAL'S AUTHORIZED REPRESENTATIVE AND MAY
BE ASSISTED; AND
(II) THROUGH ANY MEANS THAT ALLOWS OTHER INDIVIDUALS TO
FULLY PARTICIPATE.
(7) SUBJECT TO ANY EMERGENCY RULES DEVELOPED BY THE COURT OF
APPEALS UNDER PARAGRAPH (9) OF THIS SUBSECTION, IN ANY PROCEEDINGS
BROUGHT UNDER THIS SUBSECTION, THE COURT MAY ORDER THE CONSOLIDATION
OF INDIVIDUAL CLAIMS INTO GROUP CLAIMS WHERE:
(I) THE NUMBER OF INDIVIDUALS INVOLVED OR AFFECTED IS SO
LARGE AS TO RENDER INDIVIDUAL PARTICIPATION IMPRACTICAL;
(II) THERE ARE QUESTIONS OF LAW OR FACT COMMON TO THE
INDIVIDUAL CLAIMS OR RIGHTS TO BE DETERMINED;
(III) THE GROUP CLAIMS OR RIGHTS TO BE DETERMINED ARE
TYPICAL OF THE AFFECTED INDIVIDUAL'S CLAIMS OR RIGHTS; OR
|
|
|
|
|
|
|
|
|
|
- 5059 -
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
