Md. R. Spec. Proc. 15-1103

As amended through October 15, 2024

Rule 15-1103 - Initiation of Proceeding to Contest Isolation or Quarantine

(a) Petition for Relief. An individual or group of individuals required to go to or remain in a place of isolation or quarantine by a directive of the Secretary issued pursuant to Code, Health--General Article, § 18-906 or Code, Public Safety Article, § 14-3A-05, may contest the isolation or quarantine by filing a petition for relief in the circuit court for the county in which the isolation or quarantine is occurring or, if that court is not available, in any other circuit court. The petition may be filed in paper form or electronically, including by facsimile transmission.

Committee note: Motions to seal or limit inspection of a case record are governed by Rule 16-918. The right of a party to proceed anonymously is discussed in Doe v. Shady Grove Hosp., 89 Md. App. 351, 360-66 (1991).

(b) Order Assigning Judge and Setting Hearing. The County Administrative Judge or that judge's designee shall enter an order (1) assigning the matter to a judge and (2) setting the date, time, and location of a hearing on the petition or directing the clerk to promptly set the hearing and notify the parties. The clerk shall provide a copy of the order to all parties, the State Court Administrator, and the Chief Justice of the Supreme Court.

Cross reference: See Code, Health-General Article, § 18-906(b), Code, Public Safety Article, § 14-3A-05(c), and Rule 15-1104(c) concerning the time within which a hearing is to be conducted.

(c) Notice. No later than the day after the petition was filed, the clerk shall provide a copy of the petition and a notice of the date that it was filed to the Secretary or other official designated by the Secretary and to counsel to the Maryland Department of Health.

(d) Answer to Petition. The Secretary or other official designated by the Secretary may file an answer to the petition. If an answer is not filed, the allegations of the petition shall be deemed denied.

Md. R. Spec. Proc. 15-1103

This Rule is new.

Adopted April 5, 2005, eff. 7/1/2005. Amended June 7, 2011, eff. 7/1/2011; 6/6/2016, eff. 7/1/2016; 6/20/2017, eff. 8/1/2017; amended Mar. 13, 2020, eff. 3/16/2020; ; amended Mar. 13, 2020, eff. 3/16/2020; amended June 29, 2020, eff. 8/1/2020; amended April 21, 2023, eff. 4/1/2023.

HISTORICAL NOTES

2011 Orders

The June 7, 2011, order rewrote this rule, which read:

"(a) Petition for Relief. An individual or group of individuals required to go to or remain in a place of isolation or quarantine by a directive of the Secretary issued pursuant to Code, Health-General Article, § 18-906 or Code, Public Safety Article, § 14-3A-05, may contest the isolation or quarantine by filing a petition for relief with the Clerk of the Court of Appeals.

Committee note: Motions to seal or limit inspection of a case record are governed by Rule 16-1009. The right of a party to proceed anonymously is discussed in Doe v. Shady Grove Hosp., 89 Md. App. 351, 360-66 (1991).

"(b) Order Assigning Judge and Setting Hearing. The Chief Judge of the Court of Appeals or that judge's designee shall enter an order (1) assigning the matter to a judge of any circuit court to hear the action and (2) setting the date, time, and location of a hearing on the petition or directing that the clerk of the circuit court to which the action has been assigned promptly set the hearing and notify the parties. The Clerk of the Court of Appeals shall provide a copy of the order to all parties.

Cross reference: See Code, Health-General Article, § 18-906(b), Code, Public Safety Article, § 14-3A-05(c), and Rule 15-1104(c) concerning the time within which a hearing is to be conducted.

"(c) Notice. No later than the day after the petition was filed, the Clerk of the Court of Appeals shall provide a copy of the petition and a notice of the date that it was filed to the Secretary or other official designated by the Secretary and to counsel to the Department of Health and Mental Hygiene.

"(d) Answer to Petition. The Secretary or other official designated by the Secretary may file an answer to the petition. If an answer is not filed, the allegations of the petition shall be deemed denied.

"Source: This Rule is new.

2016 Orders

The June 6, 2016, order revised an internal reference in the Rule.

2017 Orders

The June 20, 2017 order, amended the Rule to correct an internal reference and to conform to the renaming of the "Department of Health and Mental Hygiene to the "Maryland Department of Health.