Rule 15-1105 - Decision and Order(a) Factors to be Considered. In making its determination on the petition, the court shall consider the following factors: (1) the means of transmission of the disease or outbreak that is believed to be caused by exposure to a deadly agent;(2) the degree of contagion that is associated with exposure to a deadly agent;(3) the degree of public exposure to the disease or outbreak;(4) the risk and severity of the possible results from infection, injury, or death of an individual or group of individuals by a deadly agent;(5) whether the petitioner or the group of individuals similarly situated to the petitioner may have been exposed to a deadly agent;(6) the potential risk to the public health of an order enjoining the Secretary's directive or otherwise requiring the immediate release from isolation or quarantine of the petitioner or of an individual or group of individuals similarly situated; and(7) any other material facts.(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.(c) Statement of Reasons. The court shall prepare and file or dictate into the record a brief statement of the reasons for its decision and enter an order in accordance with section (d) of this Rule. If dictated into the record, the statement shall be transcribed promptly.(d) Order.(1)Generally. The order shall:(B) be filed no later than the next business day after the hearing concludes; and(C) be given to the parties or their counsel of record, except as otherwise provided in subsection (d)(2)(A) of this Rule.(2)Orders Authorizing Continued Isolation or Quarantine. An order authorizing continued isolation or quarantine of the individual or group of individuals shall: (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;(B) be effective for a specific period of time not to exceed 30 days; and(C) reasonably identify the isolated or quarantined individual or group of individuals by name or by shared characteristics; and(D) specify all material findings of fact and conclusions of law and may incorporate by reference a transcript of the proceedings.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.Md. R. Spec. Proc. 15-1105
Adopted April 5, 2005, eff. 7/1/2005.