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RULE 15-1103. INITIATION OF PROCEEDING TO CONTEST ISOLATION OR QUARANTINE

West's Annotated Code of MarylandMaryland RulesEffective: April 1, 2023

West's Annotated Code of Maryland
Maryland Rules
Title 15. Other Special Proceedings
Chapter 1100. Catastrophic Health Emergency
Effective: April 1, 2023
MD Rules, Rule 15-1103
RULE 15-1103. INITIATION OF PROCEEDING TO CONTEST ISOLATION OR QUARANTINE
(a) Petition for Relief. An individual or group of individuals required to go to or remain in a place of isolation or quarantine by a directive of the Secretary issued pursuant to Code, Health--General Article, § 18-906 or Code, Public Safety Article, § 14-3A-05, may contest the isolation or quarantine by filing a petition for relief in the circuit court for the county in which the isolation or quarantine is occurring or, if that court is not available, in any other circuit court. The petition may be filed in paper form or electronically, including by facsimile transmission.
Committee note: Motions to seal or limit inspection of a case record are governed by Rule 16-918. The right of a party to proceed anonymously is discussed in Doe v. Shady Grove Hosp., 89 Md. App. 351, 360-66 (1991).
(b) Order Assigning Judge and Setting Hearing. The County Administrative Judge or that judge's designee shall enter an order (1) assigning the matter to a judge and (2) setting the date, time, and location of a hearing on the petition or directing the clerk to promptly set the hearing and notify the parties. The clerk shall provide a copy of the order to all parties, the State Court Administrator, and the Chief Justice of the Supreme Court.
Cross reference: See Code, Health-General Article, § 18-906 (b), Code, Public Safety Article, § 14-3A-05 (c), and Rule 15-1104 (c) concerning the time within which a hearing is to be conducted.
(c) Notice. No later than the day after the petition was filed, the clerk shall provide a copy of the petition and a notice of the date that it was filed to the Secretary or other official designated by the Secretary and to counsel to the Maryland Department of Health.
(d) Answer to Petition. The Secretary or other official designated by the Secretary may file an answer to the petition. If an answer is not filed, the allegations of the petition shall be deemed denied.
Source: This Rule is new.

Credits

[Adopted April 5, 2005, eff. July 1, 2005. Amended June 7, 2011, eff. July 1, 2011; June 6, 2016, eff. July 1, 2016; June 20, 2017, eff. Aug. 1, 2017; March 16, 2020; June 29, 2020, eff. Aug. 1, 2020; April 21, 2023, eff. nunc pro tunc April 1, 2023.]
MD Rules, Rule 15-1103, MD R SPEC P Rule 15-1103
Current with amendments received through February 1, 2024. Some sections may be more current, see credits for details.
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