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Session Laws, 2002
Volume 800, Page 7   View pdf image
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Ch. i
PARRIS N. GLENDENING, Governor
2. IF THE COURT DETERMINES THAT THE NOTICE REQUIRED
IN SUB-SUBPARAGRAPH 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 (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 (IV) THE ENTIRE GROUP WILL BE ADEQUATELY REPRESENTED IN
THE CONSOLIDATION. (8) THE COURT SHALL APPOINT COUNSEL TO REPRESENT INDIVIDUALS
OR A GROUP OF INDIVIDUALS WHO ARE NOT OTHERWISE REPRESENTED BY
COUNSEL. (9) THE COURT OF APPEALS SHALL DEVELOP EMERGENCY RULES OF
PROCEDURE TO FACILITATE THE EFFICIENT ADJUDICATION OF ANY PROCEEDINGS
BROUGHT UNDER THIS SUBSECTION. (E) A PROCLAMATION ISSUED UNDER THIS SECTION SHALL INDICATE: (1) THE NATURE OF THE CATASTROPHIC HEALTH EMERGENCY; (2) THE AREA OR AREAS THREATENED OR AFFECTED; AND
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Session Laws, 2002
Volume 800, Page 7   View pdf image
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