2005 Minnesota Statutes - 35.0662 — Temporary emergency restrictions hearing.

     35.0662 Temporary emergency restrictions hearing. 


    Subdivision 1.    Grounds.  If the board determines that 
 a person is not reasonably likely to abide by the disease 
 control measures established by the board, the board may request 
 a court hearing to determine if the emergency temporary 
 restrictions should continue.  The court shall schedule the 
 hearing as expeditiously as possible.  When the board requests a 
 court hearing under this section, restrictions under section 
 35.0661, subdivision 3, continue to apply to the person until 
 the court has held the temporary emergency restrictions hearing 
 and issues an order.  


    Subd. 2.    Time of notice.  If the board requests a 
 court hearing pursuant to this section, notice of the hearing 
 must be served upon the person or persons to be restricted at 
 least 24 hours before the hearing. 


    Subd. 3.    Contents of notice.  The notice must contain 
 the following information: 


    (1) the time, date, and place of the hearing; 


    (2) the grounds and underlying facts upon which continued 
 restrictions are sought; 


    (3) the person's right to appear by electronic means at the 
 hearing and the right to have a representative appear in person 
 at the hearing; 


    (4) the person's right to present and cross-examine 
 witnesses; and 


    (5) the person's right to counsel, including the right, if 
 the person is indigent, to representation by counsel designated 
 by the court or county of venue. 


    Subd. 4.    Order for continued temporary restrictions.  
 The court may order the continued restriction on the movement of 
 the person if it finds, by a preponderance of the evidence, that 
 travel outside of the quarantine zone by the person would pose 
 an imminent threat of transporting a dangerous, infectious, or 
 communicable disease outside of the boundaries of the quarantine 
 zone.  If the person agrees to sign and comply with the 
 acknowledgment form referred to in section 35.0661, subdivision 
 3, the temporary restrictions must not continue longer than 30 
 days.  If the person refuses to sign and comply with the 
 acknowledgment form, the temporary restrictions may continue for 
 a longer time specified by the court.  Refusal by the person to 
 sign and comply with the acknowledgment form constitutes a 
 knowing violation of section 35.0661 and subjects the person to 
 the penalties specified in section 35.96. 


    HIST: 2001 c 192 s 2