32.1-48.010 - Appeal of any order of quarantine.
§ 32.1-48.010. Appeal of any order of quarantine.
A. Any person or persons subject to an order of quarantine or a court-orderedextension of any such order pursuant to this article may file an appeal ofthe order of quarantine as such order applies to such person or persons inthe circuit court for the city or county in which the subject or subjects ofthe order reside or are located or the circuit court for the jurisdiction orjurisdictions for any affected area. Any petition for appeal shall be inwriting, shall set forth the grounds on which the order of quarantine isbeing challenged vis-a-vis the subject person or persons or affected area,and shall be served upon the State Health Commissioner or his legalrepresentative.
B. A hearing on the appeal of the order of quarantine shall be held within 48hours of the filing of the petition for appeal or, if the 48-hour periodterminates on a Saturday, Sunday, legal holiday or day on which the court islawfully closed, the hearing shall be held on the next day that is not aSaturday, Sunday, legal holiday or day on which the court is lawfully closed.
In extraordinary circumstances, for good cause shown, the Commissioner mayrequest a continuance of the hearing, which the court shall only grant aftergiving due regard to the rights of the affected individuals, the protectionof the public health and safety, the severity of the emergency, and theavailability of witnesses and evidence.
C. Any person appealing an order of quarantine shall have the burden ofproving that he is not properly the subject of the order of quarantine.
D. The filing of an appeal shall not stay any order of quarantine.
E. Upon receiving multiple appeals of an order of quarantine that applies toa group of persons or an affected area, the court may, on the motion of anyparty or on the court's own motion, consolidate the cases in a singleproceeding for all appeals when (i) there are common questions of law or factrelating to the individual claims or rights to be determined; (ii) the claimsof the consolidated cases are substantially similar; and (iii) all parties tothe appeals will be adequately represented in the consolidation.
F. The circuit court shall not conduct a de novo review of the order ofquarantine; however, the court shall consider the existing record and suchsupplemental evidence as the court shall consider relevant. The court shallconduct the hearing on an appeal of an order of quarantine in a manner thatwill protect the health and safety of court personnel, counsels, witnesses,and the general public and in accordance with rules of the Supreme Court ofVirginia pursuant to subsection C of § 17.1-503. The court may, for goodcause shown, hold all or any portion of the hearings in camera upon motion ofany party or upon the court's own motion.
G. Upon completion of the hearing, the court may (i) vacate or modify theorder of quarantine as such order applies to any person who filed the appealand who is not, according to the record and the supplemental evidence,appropriately subject to the order of quarantine; (ii) vacate or modify theorder of quarantine as such order applies to all persons who filed an appealand who are not, according to the record and the supplemental evidence,appropriately subject to the order of quarantine; (iii) confirm the order ofquarantine as it applies to any person or all appealing parties upon afinding that such person or persons are appropriately subject to the order ofquarantine and that quarantine is being implemented in the least restrictiveenvironment to address the public health threat effectively, given thereasonably available information on effective control measures and the natureof the communicable disease of public health threat; or (iv) confirm theorder of quarantine as it applies to all persons subject to the order uponfinding that all such persons are appropriately subject to the order ofquarantine and that quarantine is being implemented in the least restrictiveenvironment to address the public health threat effectively, given thereasonably available information on effective control measures and the natureof the communicable disease of public health threat.
In any case in which the court shall vacate the order of quarantine as itapplies to any person who has filed a request for review of such order andwho is subject to such order or as it applies to all persons seeking judicialreview who are subject to such order, the person or persons shall beimmediately released from quarantine unless such order to vacate thequarantine shall be stayed by the filing of an appeal to the Supreme Court ofVirginia. Any party to the case may file an appeal of the circuit courtdecisions to the Supreme Court of Virginia. Parties to the case shall includeany person who is subject to an order of quarantine and has filed an appealof such order with the circuit court and the State Health Commissioner.
H. Appeals of any final order of any circuit court regarding the State HealthCommissioner's petition for review and confirmation or extension of an orderof quarantine or any appeal of an order of quarantine by a person or personswho are subject to such order shall be appealable directly to the SupremeCourt of Virginia, with an expedited review in accordance with the rules ofthe court pursuant to subsection C of § 17.1-503.
I. Appeals of any circuit court order relating to an order of quarantineshall not stay any order of quarantine.
J. Persons requesting judicial review of any order of quarantine shall havethe right to be represented by an attorney in all proceedings. If the personis unable to afford an attorney, counsel shall be appointed for the person bythe circuit court for the jurisdiction in which the person or persons who aresubject to the order of quarantine reside or, in the case of an affectedarea, by the circuit court for the jurisdiction or jurisdictions for theaffected area. Counsel so appointed shall be paid at a rate established bythe Supreme Court of Virginia from the Commonwealth's criminal fund.
(2004, cc. 773, 1021; 2007, cc. 699, 783.)