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H.B. 296 VETOES
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AREAS AFFECTED, THE SECRETARY SHALL ENSURE THAT THE AFFECTED
INDIVIDUALS ARE FULLY INFORMED OF THE DIRECTIVE USING THE BEST POSSIBLE
MEANS AVAILABLE.
2. B. IF THE DIRECTIVE APPLIES TO A GROUP OF
INDIVIDUALS AND IT IS IMPRACTICAL TO PROVIDE WRITTEN INDIVIDUAL COPIES
UNDER SUB-SUB-SUBPARAGRAPH A OF THIS SUB-SUBPARAGRAPH
SUBSUBPARAGRAPH 1 OF THIS SUBPARAGRAPH, THE WRITTEN DIRECTIVE MAY BE
POSTED IN A CONSPICUOUS PLACE IN THE ISOLATION OR QUARANTINE PREMISES.
(B) (1) AN INDIVIDUAL OR GROUP OF INDIVIDUALS ISOLATED OR
QUARANTINED UNDER SUBSECTION (A) OF THIS SECTION MAY REQUEST A HEARING
IN CIRCUIT COURT CONTESTING THE ISOLATION OR QUARANTINE.
(2) A REQUEST FOR A HEARING MAY NOT STAY OR ENJOIN AN
ISOLATION OR QUARANTINE DIRECTIVE.
(3) UPON RECEIPT OF A REQUEST UNDER THIS SUBSECTION, THE
COURT SHALL CONDUCT A HEARING WITHIN 3 DAYS FROM RECEIPT OF THE
REQUEST.
(4) (I) IN ANY PROCEEDINGS BROUGHT FOR RELIEF UNDER THIS
SUBSECTION, THE COURT MAY EXTEND THE TIME FOR A HEARING UPON A SHOWING
BY THE SECRETARY OR OTHER DESIGNATED OFFICIAL THAT EXTRAORDINARY
CIRCUMSTANCES EXIST THAT JUSTIFY THE EXTENSION.
(II) IN GRANTING OR DENYING AN EXTENSION, THE COURT SHALL
CONSIDER THE RIGHTS OF THE AFFECTED INDIVIDUAL, THE PROTECTION OF THE
PUBLIC HEALTH, THE SEVERITY OF THE CATASTROPHIC HEALTH EMERGENCY, AND
THE AVAILABILITY, IF NECESSARY, OF WITNESSES AND EVIDENCE.
(5) (I) 1. THE COURT SHALL GRANT THE REQUEST FOR RELIEF
UNLESS THE COURT DETERMINES THAT THE ISOLATION OR QUARANTINE DIRECTIVE
IS NECESSARY AND REASONABLE TO PREVENT OR REDUCE THE SPREAD OF THE
DISEASE OR OUTBREAK BELIEVED TO HAVE BEEN CAUSED BY THE EXPOSURE TO A
DEADLY AGENT.
2. IF FEASIBLE, IN MAKING A DETERMINATION UNDER THIS
SUBPARAGRAPH, THE COURT MAY CONSIDER THE MEANS OF TRANSMISSION, THE
DEGREE OF CONTAGION, AND, TO THE EXTENT POSSIBLE, THE DEGREE OF PUBLIC
EXPOSURE TO THE DISEASE.
(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
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- 5066 -
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