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Session Laws, 2004
Volume 801, Page 196   View pdf image
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Ch. 26                                     2004 LAWS OF MARYLAND

(II) GIVEN TO THOSE SUBJECT TO THE DIRECTIVE BEFORE THE
DIRECTIVE TAKES EFFECT.

(3) (I) IF THE SECRETARY OR OTHER DESIGNATED OFFICIAL
DETERMINES THAT THE NOTICE REQUIRED IN PARAGRAPH (2) OF THIS SUBSECTION
IS IMPRACTICAL BECAUSE OF THE NUMBER OF INDIVIDUALS OR GEOGRAPHICAL
AREAS AFFECTED, THE SECRETARY OR OTHER DESIGNATED OFFICIAL SHALL
ENSURE THAT THE AFFECTED INDIVIDUALS ARE FULLY INFORMED OF THE
DIRECTIVE USING THE BEST POSSIBLE MEANS AVAILABLE.

(II) IF THE DIRECTIVE APPLIES TO A GROUP OF INDIVIDUALS AND
IT IS IMPRACTICAL TO PROVIDE INDIVIDUAL WRITTEN COPIES UNDER PARAGRAPH
(2) OF THIS SUBSECTION, THE WRITTEN DIRECTIVE MAY BE POSTED IN A
CONSPICUOUS PLACE IN THE ISOLATION OR QUARANTINE PREMISES.

(C) HEARING.

(1)      AN INDIVIDUAL OR GROUP OF INDIVIDUALS ISOLATED OR
QUARANTINED UNDER § 14-3A-03(B)(3) OF THIS SUBTITLE MAY REQUEST A HEARING
IN A CIRCUIT COURT TO CONTEST THE ISOLATION OR QUARANTINE.

(2)      A REQUEST FOR A HEARING DOES NOT STAY OR ENJOIN AN
ISOLATION OR QUARANTINE DIRECTIVE.

(3)      A COURT THAT RECEIVES A REQUEST UNDER THIS SUBSECTION
SHALL HOLD A HEARING WITHIN 3 DAYS AFTER RECEIPT OF THE REQUEST.

(4)      IN ANY PROCEEDINGS BROUGHT FOR RELIEF UNDER THIS
SUBSECTION, THE COURT MAY EXTEND THE TIME FOR A HEARING:

(I)      IF THE SECRETARY OR OTHER DESIGNATED OFFICIAL SHOWS
THAT EXTRAORDINARY CIRCUMSTANCES EXIST THAT JUSTIFY THE EXTENSION; AND

(II)     AFTER CONSIDERING THE RIGHTS OF THE AFFECTED
INDIVIDUAL OR GROUP OF INDIVIDUALS, THE PROTECTION OF THE PUBLIC HEALTH,
THE SEVERITY OF THE CATASTROPHIC HEALTH EMERGENCY, AND THE
AVAILABILITY OF ANY NECESSARY WITNESSES AND EVIDENCE.

(5)      (I) 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.

(II) THE COURT IN MAKING ITS DETERMINATION MAY CONSIDER, IF
FEASIBLE, THE MEANS OF TRANSMISSION, THE DEGREE OF CONTAGION, AND, TO
THE EXTENT POSSIBLE, THE DEGREE OF PUBLIC EXPOSURE TO THE DISEASE.

(6)      SUBJECT TO PARAGRAPH (7) OF THIS SUBSECTION, IF THE COURT
ISSUES AN ORDER THAT AUTHORIZES THE ISOLATION OR QUARANTINE, THE ORDER
SHALL:

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Session Laws, 2004
Volume 801, Page 196   View pdf image
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