RULE 15-1105. DECISION AND ORDER
West's Annotated Code of MarylandMaryland Rules
MD Rules, Rule 15-1105
RULE 15-1105. DECISION AND ORDER
(b) Decision. The court shall order the release of the petitioner unless the court finds by a preponderance of the evidence that the Secretary's directive to isolate or quarantine is necessary and reasonable under the circumstances to prevent or reduce the spread of the disease or outbreak believed to have been caused by exposure to a deadly agent. Otherwise, the court shall deny the petition and issue an order authorizing the continued isolation or quarantine of the petitioners.
(A) be served by the Secretary or the Secretary's designee on the individual or group of individuals specified in the order, unless service is impractical due to the number or geographical dispersion of the affected individuals, in which case the court shall provide for notice to the affected individuals by personal service or by any means available;
Committee note: An order entered under section (d) of this Rule must either order the release of the petitioner (with or without a stay of that order) or authorize the continued isolation of quarantine imposed by the Secretary. Except as provided by Rule 15-1104 (a), the Rules is this Chapter do not authorize the court to grant any other relief.
(e) Stay. Upon request of the Secretary, the court may stay an order releasing the petitioner pending appellate review if the request is accompanied by an undertaking in writing or on the record that the Secretary will seek immediate appellate review of the order and the petitioner has been afforded an opportunity to be heard.
Source: This Rule is new.
Credits
[Adopted April 5, 2005, eff. July 1, 2005.]
MD Rules, Rule 15-1105, MD R SPEC P Rule 15-1105
Current with amendments received through February 1, 2024. Some sections may be more current, see credits for details.
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