A. Any person or persons subject to an order of isolation or a court-orderedconfirmation or extension of any such order pursuant to this article may filean appeal of the order of isolation in the circuit court for the city orcounty in which such person or persons reside or are located or, in the caseof an affected area, in the circuit court for any affected jurisdiction orjurisdictions. Any petition for appeal shall be in writing, shall set forththe grounds on which the order of isolation is being challenged vis-a-vis thesubject person or persons or affected area, and shall be served upon theState Health Commissioner or his legal representative.
B. A hearing on the appeal of the order of isolation 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 isolation shall have the burden ofproving that he is not properly the subject of the order of isolation.
D. An appeal shall not stay any order of isolation.
E. Upon receiving multiple appeals of an order of isolation, the court may,on the motion of any party or on the court's own motion, consolidate thecases in a single proceeding for all appeals when (i) there are commonquestions of law or fact relating to the individual claims or rights to bedetermined; (ii) the claims of the consolidated cases are substantiallysimilar; and (iii) all parties to the appeals will be adequately representedin the consolidation.
F. The circuit court shall not conduct a de novo review of the order ofisolation; 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 isolation 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 the court's own motion.
G. Upon completion of the hearing, the court may (i) vacate or modify theorder of isolation 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 isolation; (ii) vacate or modify theorder of isolation 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 isolation; (iii) confirm the order ofisolation as it applies to any person or all appealing parties upon a findingthat such person or persons are appropriately subject to the order ofisolation and that isolation is being implemented in the least restrictiveenvironment to address the public health threat effectively, given thereasonably available information on effective infection control measures andthe nature of the communicable disease of public health threat; or (iv)confirm the order of isolation as it applies to all persons subject to theorder upon finding that all such persons are appropriately subject to theorder of isolation and that isolation is being implemented in the leastrestrictive environment to address the public health threat effectively giventhe reasonably available information on effective control measures and thenature of the communicable disease of public health threat.
In any case in which the court shall vacate the order of isolation 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 isolation unless such order to vacate the isolationshall be stayed by the filing of an appeal to the Supreme Court of Virginia.Any party to the case may file an appeal of the circuit court decisions tothe Supreme Court of Virginia. Parties to the case shall include any personwho is subject to an order of isolation and has filed an appeal of such orderwith 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 isolation or any appeal of an order of isolation 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 isolation shallnot stay any order of isolation.
J. Persons appealing any order of isolation shall have the right to berepresented by an attorney in all proceedings. If the person is unable toafford an attorney, counsel shall be appointed for the person by the circuitcourt for the jurisdiction in which the person or persons who are subject tothe order of isolation reside or, in the case of an affected area, by thecircuit court for the jurisdiction or jurisdictions for the affected area.Counsel so appointed shall be paid at a rate established by the Supreme Courtof Virginia from the Commonwealth's criminal fund.
A. Any person or persons subject to an order of isolation or a court-orderedconfirmation or extension of any such order pursuant to this article may filean appeal of the order of isolation in the circuit court for the city orcounty in which such person or persons reside or are located or, in the caseof an affected area, in the circuit court for any affected jurisdiction orjurisdictions. Any petition for appeal shall be in writing, shall set forththe grounds on which the order of isolation is being challenged vis-a-vis thesubject person or persons or affected area, and shall be served upon theState Health Commissioner or his legal representative.
B. A hearing on the appeal of the order of isolation 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 isolation shall have the burden ofproving that he is not properly the subject of the order of isolation.
D. An appeal shall not stay any order of isolation.
E. Upon receiving multiple appeals of an order of isolation, the court may,on the motion of any party or on the court's own motion, consolidate thecases in a single proceeding for all appeals when (i) there are commonquestions of law or fact relating to the individual claims or rights to bedetermined; (ii) the claims of the consolidated cases are substantiallysimilar; and (iii) all parties to the appeals will be adequately representedin the consolidation.
F. The circuit court shall not conduct a de novo review of the order ofisolation; 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 isolation 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 the court's own motion.
G. Upon completion of the hearing, the court may (i) vacate or modify theorder of isolation 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 isolation; (ii) vacate or modify theorder of isolation 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 isolation; (iii) confirm the order ofisolation as it applies to any person or all appealing parties upon a findingthat such person or persons are appropriately subject to the order ofisolation and that isolation is being implemented in the least restrictiveenvironment to address the public health threat effectively, given thereasonably available information on effective infection control measures andthe nature of the communicable disease of public health threat; or (iv)confirm the order of isolation as it applies to all persons subject to theorder upon finding that all such persons are appropriately subject to theorder of isolation and that isolation is being implemented in the leastrestrictive environment to address the public health threat effectively giventhe reasonably available information on effective control measures and thenature of the communicable disease of public health threat.
In any case in which the court shall vacate the order of isolation 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 isolation unless such order to vacate the isolationshall be stayed by the filing of an appeal to the Supreme Court of Virginia.Any party to the case may file an appeal of the circuit court decisions tothe Supreme Court of Virginia. Parties to the case shall include any personwho is subject to an order of isolation and has filed an appeal of such orderwith 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 isolation or any appeal of an order of isolation 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 isolation shallnot stay any order of isolation.
J. Persons appealing any order of isolation shall have the right to berepresented by an attorney in all proceedings. If the person is unable toafford an attorney, counsel shall be appointed for the person by the circuitcourt for the jurisdiction in which the person or persons who are subject tothe order of isolation reside or, in the case of an affected area, by thecircuit court for the jurisdiction or jurisdictions for the affected area.Counsel so appointed shall be paid at a rate established by the Supreme Courtof Virginia from the Commonwealth's criminal fund.
A. Any person or persons subject to an order of isolation or a court-orderedconfirmation or extension of any such order pursuant to this article may filean appeal of the order of isolation in the circuit court for the city orcounty in which such person or persons reside or are located or, in the caseof an affected area, in the circuit court for any affected jurisdiction orjurisdictions. Any petition for appeal shall be in writing, shall set forththe grounds on which the order of isolation is being challenged vis-a-vis thesubject person or persons or affected area, and shall be served upon theState Health Commissioner or his legal representative.
B. A hearing on the appeal of the order of isolation 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 isolation shall have the burden ofproving that he is not properly the subject of the order of isolation.
D. An appeal shall not stay any order of isolation.
E. Upon receiving multiple appeals of an order of isolation, the court may,on the motion of any party or on the court's own motion, consolidate thecases in a single proceeding for all appeals when (i) there are commonquestions of law or fact relating to the individual claims or rights to bedetermined; (ii) the claims of the consolidated cases are substantiallysimilar; and (iii) all parties to the appeals will be adequately representedin the consolidation.
F. The circuit court shall not conduct a de novo review of the order ofisolation; 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 isolation 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 the court's own motion.
G. Upon completion of the hearing, the court may (i) vacate or modify theorder of isolation 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 isolation; (ii) vacate or modify theorder of isolation 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 isolation; (iii) confirm the order ofisolation as it applies to any person or all appealing parties upon a findingthat such person or persons are appropriately subject to the order ofisolation and that isolation is being implemented in the least restrictiveenvironment to address the public health threat effectively, given thereasonably available information on effective infection control measures andthe nature of the communicable disease of public health threat; or (iv)confirm the order of isolation as it applies to all persons subject to theorder upon finding that all such persons are appropriately subject to theorder of isolation and that isolation is being implemented in the leastrestrictive environment to address the public health threat effectively giventhe reasonably available information on effective control measures and thenature of the communicable disease of public health threat.
In any case in which the court shall vacate the order of isolation 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 isolation unless such order to vacate the isolationshall be stayed by the filing of an appeal to the Supreme Court of Virginia.Any party to the case may file an appeal of the circuit court decisions tothe Supreme Court of Virginia. Parties to the case shall include any personwho is subject to an order of isolation and has filed an appeal of such orderwith 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 isolation or any appeal of an order of isolation 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 isolation shallnot stay any order of isolation.
J. Persons appealing any order of isolation shall have the right to berepresented by an attorney in all proceedings. If the person is unable toafford an attorney, counsel shall be appointed for the person by the circuitcourt for the jurisdiction in which the person or persons who are subject tothe order of isolation reside or, in the case of an affected area, by thecircuit court for the jurisdiction or jurisdictions for the affected area.Counsel so appointed shall be paid at a rate established by the Supreme Courtof Virginia from the Commonwealth's criminal fund.
