{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/32.1-48.013.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/32.1-48.013.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/32.1-48.013.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/32.1-48.013.html"}],"law_id":80635,"edition_id":1,"section_id":80635,"structure_id":14328,"section_number":"32.1-48.013","catch_line":"Appeal of any order of isolation","history":"2004, cc. 773, 1021; 2007, cc. 699, 783; 2021, Sp. Sess. I, c. 489.","full_text":"A\n\nAny person or persons subject to an order of isolation or a court-ordered confirmation or extension of any such order pursuant to this article may file an appeal of the order of isolation in the circuit court for the city or county in which such person or persons reside or are located or, in the case of an affected area, in the circuit court for any affected jurisdiction or jurisdictions. Any petition for appeal shall be in writing, shall set forth the grounds on which the order of isolation is being challenged vis-a-vis the subject person or persons or affected area, and shall be served upon the State Health Commissioner or his legal representative.B\n\nA hearing on the appeal of the order of isolation shall be held within 48 hours of the filing of the petition for appeal or, if the 48-hour period terminates on a Saturday, Sunday, legal holiday or day on which the court is lawfully closed, the hearing shall be held on the next day that is not a Saturday, Sunday, legal holiday or day on which the court is lawfully closed.\n\t\t\tIn extraordinary circumstances, for good cause shown, the Commissioner may request a continuance of the hearing, which the court shall only grant after giving due regard to the rights of the affected individuals, the protection of the public health and safety, the severity of the emergency, and the availability of witnesses and evidence.C\n\nAny person appealing an order of isolation shall have the burden of proving that he is not properly the subject of the order of isolation.D\n\nAn appeal shall not stay any order of isolation.E\n\nUpon 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 the cases in a single proceeding for all appeals when (i) there are common questions of law or fact relating to the individual claims or rights to be determined; (ii) the claims of the consolidated cases are substantially similar; and (iii) all parties to the appeals will be adequately represented in the consolidation.F\n\nThe circuit court shall not conduct a de novo review of the order of isolation; however, the court shall consider the existing record and such supplemental evidence as the court shall consider relevant. The court shall conduct the hearing on an appeal of an order of isolation in a manner that will protect the health and safety of court personnel, counsels, witnesses, and the general public and in accordance with rules of the Supreme Court of Virginia pursuant to subsection C of § 17.1-503. The court may, for good cause shown, hold all or any portion of the hearings in camera upon motion of any party or the court’s own motion.G\n\nUpon completion of the hearing, the court may (i) vacate or modify the order of isolation as such order applies to any person who filed the appeal and who is not, according to the record and the supplemental evidence, appropriately subject to the order of isolation; (ii) vacate or modify the order of isolation as such order applies to all persons who filed an appeal and who are not, according to the record and the supplemental evidence, appropriately subject to the order of isolation; (iii) confirm the order of isolation as it applies to any person or all appealing parties upon a finding that such person or persons are appropriately subject to the order of isolation and that isolation is being implemented in the least restrictive environment to address the public health threat effectively, given the reasonably available information on effective infection control measures and the nature of the communicable disease of public health threat; or (iv) confirm the order of isolation as it applies to all persons subject to the order upon finding that all such persons are appropriately subject to the order of isolation and that isolation is being implemented in the least restrictive environment to address the public health threat effectively given the reasonably available information on effective control measures and the nature of the communicable disease of public health threat.\n\t\t\tIn any case in which the court shall vacate the order of isolation as it applies to any person who has filed a request for review of such order and who is subject to such order or as it applies to all persons seeking judicial review who are subject to such order, the person or persons shall be immediately released from isolation unless such order to vacate the isolation shall be stayed by the filing of an appeal to the Court of Appeals. Any party to the case may file an appeal of the circuit court decisions to the Court of Appeals. Parties to the case shall include any person who is subject to an order of isolation and has filed an appeal of such order with the circuit court and the State Health Commissioner.H\n\nAppeals of any final order of any circuit court regarding the State Health Commissioner’s petition for review and confirmation or extension of an order of isolation or any appeal of an order of isolation by a person or persons who are subject to such order shall be appealable to the Court of Appeals, with an expedited review in accordance with the rules of the court pursuant to subsection C of § 17.1-503.I\n\nAppeals of any circuit court order relating to an order of isolation shall not stay any order of isolation.J\n\nPersons appealing any order of isolation shall have the right to be represented by an attorney in all proceedings. If the person is unable to afford an attorney, counsel shall be appointed for the person by the circuit court for the jurisdiction in which the person or persons who are subject to the order of isolation reside or, in the case of an affected area, by the circuit court for the jurisdiction or jurisdictions for the affected area. Counsel so appointed shall be paid at a rate established by the Supreme Court of Virginia from the Commonwealth’s criminal fund.","order_by":null,"text":{"0":{"id":288983,"text":"Any person or persons subject to an order of isolation or a court-ordered confirmation or extension of any such order pursuant to this article may file an appeal of the order of isolation in the circuit court for the city or county in which such person or persons reside or are located or, in the case of an affected area, in the circuit court for any affected jurisdiction or jurisdictions. Any petition for appeal shall be in writing, shall set forth the grounds on which the order of isolation is being challenged vis-a-vis the subject person or persons or affected area, and shall be served upon the State Health Commissioner or his legal representative.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":288984,"text":"A hearing on the appeal of the order of isolation shall be held within 48 hours of the filing of the petition for appeal or, if the 48-hour period terminates on a Saturday, Sunday, legal holiday or day on which the court is lawfully closed, the hearing shall be held on the next day that is not a Saturday, Sunday, legal holiday or day on which the court is lawfully closed.\n\t\t\tIn extraordinary circumstances, for good cause shown, the Commissioner may request a continuance of the hearing, which the court shall only grant after giving due regard to the rights of the affected individuals, the protection of the public health and safety, the severity of the emergency, and the availability of witnesses and evidence.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":288985,"text":"Any person appealing an order of isolation shall have the burden of proving that he is not properly the subject of the order of isolation.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":288986,"text":"An appeal shall not stay any order of isolation.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":288987,"text":"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 the cases in a single proceeding for all appeals when (i) there are common questions of law or fact relating to the individual claims or rights to be determined; (ii) the claims of the consolidated cases are substantially similar; and (iii) all parties to the appeals will be adequately represented in the consolidation.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":288988,"text":"The circuit court shall not conduct a de novo review of the order of isolation; however, the court shall consider the existing record and such supplemental evidence as the court shall consider relevant. The court shall conduct the hearing on an appeal of an order of isolation in a manner that will protect the health and safety of court personnel, counsels, witnesses, and the general public and in accordance with rules of the Supreme Court of Virginia pursuant to subsection C of § 17.1-503. The court may, for good cause shown, hold all or any portion of the hearings in camera upon motion of any party or the court’s own motion.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":288989,"text":"Upon completion of the hearing, the court may (i) vacate or modify the order of isolation as such order applies to any person who filed the appeal and who is not, according to the record and the supplemental evidence, appropriately subject to the order of isolation; (ii) vacate or modify the order of isolation as such order applies to all persons who filed an appeal and who are not, according to the record and the supplemental evidence, appropriately subject to the order of isolation; (iii) confirm the order of isolation as it applies to any person or all appealing parties upon a finding that such person or persons are appropriately subject to the order of isolation and that isolation is being implemented in the least restrictive environment to address the public health threat effectively, given the reasonably available information on effective infection control measures and the nature of the communicable disease of public health threat; or (iv) confirm the order of isolation as it applies to all persons subject to the order upon finding that all such persons are appropriately subject to the order of isolation and that isolation is being implemented in the least restrictive environment to address the public health threat effectively given the reasonably available information on effective control measures and the nature of the communicable disease of public health threat.\n\t\t\tIn any case in which the court shall vacate the order of isolation as it applies to any person who has filed a request for review of such order and who is subject to such order or as it applies to all persons seeking judicial review who are subject to such order, the person or persons shall be immediately released from isolation unless such order to vacate the isolation shall be stayed by the filing of an appeal to the Court of Appeals. Any party to the case may file an appeal of the circuit court decisions to the Court of Appeals. Parties to the case shall include any person who is subject to an order of isolation and has filed an appeal of such order with the circuit court and the State Health Commissioner.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":288990,"text":"Appeals of any final order of any circuit court regarding the State Health Commissioner’s petition for review and confirmation or extension of an order of isolation or any appeal of an order of isolation by a person or persons who are subject to such order shall be appealable to the Court of Appeals, with an expedited review in accordance with the rules of the court pursuant to subsection C of § 17.1-503.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"8":{"id":288991,"text":"Appeals of any circuit court order relating to an order of isolation shall not stay any order of isolation.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"J"},"9":{"id":288992,"text":"Persons appealing any order of isolation shall have the right to be represented by an attorney in all proceedings. If the person is unable to afford an attorney, counsel shall be appointed for the person by the circuit court for the jurisdiction in which the person or persons who are subject to the order of isolation reside or, in the case of an affected area, by the circuit court for the jurisdiction or jurisdictions for the affected area. Counsel so appointed shall be paid at a rate established by the Supreme Court of Virginia from the Commonwealth’s criminal fund.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I"}},"ancestry":[{"id":14328,"edition_id":1,"name":"Quarantine and Isolation of Persons With Communicable Diseases of Public Health Threat","identifier":"3.02","label":"article","depth":3,"order_by":1,"parent_id":13607,"metadata":{},"date_created":"2026-06-26 03:47:46","date_modified":"2026-06-26 03:47:46","permalink":{"id":202047,"object_type":"structure","relational_id":14328,"identifier":"3.02","token":"32.1\/2\/3.02","url":"\/32.1\/2\/3.02\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13607,"edition_id":1,"name":"Disease Prevention and Control","identifier":"2","label":"chapter","depth":2,"order_by":1,"parent_id":12727,"metadata":{},"date_created":"2026-06-26 03:45:22","date_modified":"2026-06-26 03:45:22","permalink":{"id":201743,"object_type":"structure","relational_id":13607,"identifier":"2","token":"32.1\/2","url":"\/32.1\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12727,"edition_id":1,"name":"Health","identifier":"32.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":201099,"object_type":"structure","relational_id":12727,"identifier":"32.1","token":"32.1","url":"\/32.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":62413,"structure_id":14328,"section_number":"32.1-48.010","catch_line":"Appeal of any order of quarantine","url":"\/32.1-48.010\/","token":"32.1\/2\/3.02\/32.1-48.010","metadata":false},{"id":56897,"structure_id":14328,"section_number":"32.1-48.011","catch_line":"Isolation may be ordered under certain exceptional circumstances; Commissioner authorized to require hospitalization or other health care","url":"\/32.1-48.011\/","token":"32.1\/2\/3.02\/32.1-48.011","metadata":false},{"id":68450,"structure_id":14328,"section_number":"32.1-48.012","catch_line":"Isolation order","url":"\/32.1-48.012\/","token":"32.1\/2\/3.02\/32.1-48.012","metadata":false},{"id":80635,"structure_id":14328,"section_number":"32.1-48.013","catch_line":"Appeal of any order of isolation","url":"\/32.1-48.013\/","token":"32.1\/2\/3.02\/32.1-48.013","metadata":false},{"id":80302,"structure_id":14328,"section_number":"32.1-48.013:1","catch_line":"Electronic filings as protection from communicable disease","url":"\/32.1-48.013_1\/","token":"32.1\/2\/3.02\/32.1-48.013_1","metadata":false},{"id":63430,"structure_id":14328,"section_number":"32.1-48.014","catch_line":"Enforcement of orders of quarantine or isolation; penalties","url":"\/32.1-48.014\/","token":"32.1\/2\/3.02\/32.1-48.014","metadata":false},{"id":79587,"structure_id":14328,"section_number":"32.1-48.015","catch_line":"Authorization to disclose health records","url":"\/32.1-48.015\/","token":"32.1\/2\/3.02\/32.1-48.015","metadata":false},{"id":55627,"structure_id":14328,"section_number":"32.1-48.016","catch_line":"Immunity from liability","url":"\/32.1-48.016\/","token":"32.1\/2\/3.02\/32.1-48.016","metadata":false},{"id":66225,"structure_id":14328,"section_number":"32.1-48.017","catch_line":"Use of public or private property or facilities","url":"\/32.1-48.017\/","token":"32.1\/2\/3.02\/32.1-48.017","metadata":false},{"id":72908,"structure_id":14328,"section_number":"32.1-48.05","catch_line":"Application of article; determination of exceptional circumstances; regulations; duties of the State Health Commissioner not be delegated","url":"\/32.1-48.05\/","token":"32.1\/2\/3.02\/32.1-48.05","metadata":false},{"id":70676,"structure_id":14328,"section_number":"32.1-48.06","catch_line":"Definitions","url":"\/32.1-48.06\/","token":"32.1\/2\/3.02\/32.1-48.06","metadata":false},{"id":79292,"structure_id":14328,"section_number":"32.1-48.07","catch_line":"Conditions for invoking the provisions of this article","url":"\/32.1-48.07\/","token":"32.1\/2\/3.02\/32.1-48.07","metadata":false},{"id":76345,"structure_id":14328,"section_number":"32.1-48.08","catch_line":"Declaration of quarantine","url":"\/32.1-48.08\/","token":"32.1\/2\/3.02\/32.1-48.08","metadata":false},{"id":73650,"structure_id":14328,"section_number":"32.1-48.09","catch_line":"Order of quarantine","url":"\/32.1-48.09\/","token":"32.1\/2\/3.02\/32.1-48.09","metadata":false}],"previous_section":{"id":68450,"structure_id":14328,"section_number":"32.1-48.012","catch_line":"Isolation order","url":"\/32.1-48.012\/","token":"32.1\/2\/3.02\/32.1-48.012","metadata":false},"next_section":{"id":80302,"structure_id":14328,"section_number":"32.1-48.013:1","catch_line":"Electronic filings as protection from communicable disease","url":"\/32.1-48.013_1\/","token":"32.1\/2\/3.02\/32.1-48.013_1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/32.1-48.013\/","history_text":"

This law was first created in 2004. The record of its establishment is cataloged in chapters 773<\/a> and 1021<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2007, chapters 699<\/a> and 783<\/a>.<\/p>","references":[{"id":68450,"section_number":"32.1-48.012","catch_line":"Isolation order","order_by":null,"url":"\/32.1-48.012\/"}],"refers_to":[{"id":82440,"section_number":"17.1-503","catch_line":"Rules of practice and procedure; rules not to preclude judges from hearing certain cases","order_by":null,"url":"\/17.1-503\/"}],"permalink":{"id":202061,"object_type":"law","relational_id":80635,"identifier":"32.1-48.013","token":"32.1\/2\/3.02\/32.1-48.013","url":"\/32.1-48.013\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/32.1-48.013\/","token":"32.1\/2\/3.02\/32.1-48.013","dublin_core":{"Title":"Appeal of any order of isolation","Type":"Text","Format":"text\/html","Identifier":"\u00a7 32.1-48.013","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any person or persons<\/span> subject to an order<\/span> of isolation<\/span> or a court<\/span>-ordered confirmation or extension of any such order<\/span> pursuant to this article may file an appeal<\/span> of the order<\/span> of isolation<\/span> in the circuit<\/span> court<\/span> for the city or county in which such person or persons<\/span> reside or are located or, in the case of an affected area<\/span>, in the circuit<\/span> court<\/span> for any affected jurisdiction<\/span> or jurisdictions<\/span>. Any petition<\/span> for appeal<\/span> shall be in writing, shall set forth the grounds on which the order<\/span> of isolation<\/span> is being challenged vis-a-vis the subject person or persons<\/span> or affected area<\/span>, and shall be served upon the State Health Commissioner<\/span> or his legal representative. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A hearing<\/span> on the appeal<\/span> of the order<\/span> of isolation<\/span> shall be held within 48 hours of the filing of the petition<\/span> for appeal<\/span> or, if the 48-hour period terminates on a Saturday, Sunday, legal holiday or day on which the court<\/span> is lawfully closed, the hearing<\/span> shall be held on the next day that is not a Saturday, Sunday, legal holiday or day on which the court<\/span> is lawfully closed.\n\t\t\tIn extraordinary circumstances, for good cause shown, the Commissioner<\/span> may request a continuance<\/span> of the hearing<\/span>, which the court<\/span> shall only grant after giving due regard to the rights of the affected individuals<\/span>, the protection of the public health and safety, the severity of the emergency, and the availability of witnesses and evidence<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Any person appealing an order<\/span> of isolation<\/span> shall have the burden of proving that he is not properly the subject of the order<\/span> of isolation<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> An appeal<\/span> shall not stay<\/span> any order<\/span> of isolation<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Upon receiving multiple appeals<\/span> of an order<\/span> of isolation<\/span>, the court<\/span> may, on the motion<\/span> of any party<\/span> or on the court<\/span>’s own motion<\/span>, consolidate the cases in a single proceeding for all appeals<\/span> when (i) there are common questions of law<\/span> or fact<\/span> relating to the individual<\/span> claims or rights to be determined; (ii) the claims of the consolidated cases<\/span> are substantially similar; and (iii) all parties to the appeals<\/span> will be adequately represented in the consolidation<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The circuit<\/span> court<\/span> shall not conduct a de novo<\/span> review of the order<\/span> of isolation<\/span>; however, the court<\/span> shall consider the existing record and such supplemental evidence<\/span> as the court<\/span> shall consider relevant. The court<\/span> shall conduct the hearing<\/span> on an appeal<\/span> of an order<\/span> of isolation<\/span> in a manner that will protect the health and safety of court<\/span> personnel, counsels<\/span>, witnesses, and the general public and in accordance with rules of the Supreme Court<\/span> of Virginia pursuant to subsection C of § 17.1-503<\/a>. The court<\/span> may, for good cause shown, hold all or any portion of the hearings<\/span> in camera<\/span> upon motion<\/span> of any party<\/span> or the court<\/span>’s own motion<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Upon completion of the hearing<\/span>, the court<\/span> may (i) vacate or modify the order<\/span> of isolation<\/span> as such order<\/span> applies to any person who filed the appeal<\/span> and who is not, according to the record and the supplemental evidence<\/span>, appropriately subject to the order<\/span> of isolation<\/span>; (ii) vacate or modify the order<\/span> of isolation<\/span> as such order<\/span> applies to all persons who filed an appeal<\/span> and who are not, according to the record and the supplemental evidence<\/span>, appropriately subject to the order<\/span> of isolation<\/span>; (iii) confirm the order<\/span> of isolation<\/span> as it applies to any person or all appealing parties upon a finding<\/span> that such person or persons<\/span> are appropriately subject to the order<\/span> of isolation<\/span> and that isolation<\/span> is being implemented in the least restrictive environment to address the public health threat effectively, given the reasonably available information on effective infection control measures and the nature of the communicable disease of public health threat<\/span>; or (iv) confirm the order<\/span> of isolation<\/span> as it applies to all persons subject to the order<\/span> upon finding<\/span> that all such persons are appropriately subject to the order<\/span> of isolation<\/span> and that isolation<\/span> is being implemented in the least restrictive environment to address the public health threat effectively given the reasonably available information on effective control measures and the nature of the communicable disease of public health threat<\/span>.\n\t\t\tIn any case in which the court<\/span> shall vacate the order<\/span> of isolation<\/span> as it applies to any person who has filed a request for review of such order<\/span> and who is subject to such order<\/span> or as it applies to all persons seeking judicial review who are subject to such order<\/span>, the person or persons<\/span> shall be immediately released from isolation<\/span> unless such order<\/span> to vacate the isolation<\/span> shall be stayed by the filing of an appeal<\/span> to the Court<\/span> of Appeals<\/span>. Any party<\/span> to the case may file an appeal<\/span> of the circuit<\/span> court<\/span> decisions to the Court<\/span> of Appeals<\/span>. Parties to the case shall include any person who is subject to an order<\/span> of isolation<\/span> and has filed an appeal<\/span> of such order<\/span> with the circuit<\/span> court<\/span> and the State Health Commissioner<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> Appeals<\/span> of any final order<\/span> of any circuit<\/span> court<\/span> regarding the State Health Commissioner<\/span>’s petition<\/span> for review and confirmation or extension of an order of isolation<\/span> or any appeal<\/span> of an order of isolation<\/span> by a person or persons<\/span> who are subject to such order shall be appealable to the Court<\/span> of Appeals<\/span>, with an expedited review in accordance with the rules of the court<\/span> pursuant to subsection C of § 17.1-503<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> Appeals<\/span> of any circuit<\/span> court order<\/span> relating to an order of isolation<\/span> shall not stay<\/span> any order of isolation<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/span> Persons appealing any order of isolation<\/span> shall have the right to be represented by an attorney in all proceedings. If the person is unable to afford an attorney, counsel<\/span> shall be appointed for the person by the circuit<\/span> court for the jurisdiction<\/span> in which the person or persons<\/span> who are subject to the order of isolation<\/span> reside or, in the case of an affected area<\/span>, by the circuit<\/span> court for the jurisdiction<\/span> or jurisdictions<\/span> for the affected area<\/span>. Counsel<\/span> so appointed shall be paid at a rate established by the Supreme Court of Virginia from the Commonwealth’s criminal fund. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAPPEAL OF ANY ORDER OF ISOLATION (\u00a7 32.1-48.013)\n\nA. Any person or persons subject to an order of isolation or a court-ordered\nconfirmation or extension of any such order pursuant to this article may file an\nappeal of the order of isolation in the circuit court for the city or county in\nwhich such person or persons reside or are located or, in the case of an\naffected area, in the circuit court for any affected jurisdiction or\njurisdictions. Any petition for appeal shall be in writing, shall set forth the\ngrounds on which the order of isolation is being challenged vis-a-vis the\nsubject person or persons or affected area, and shall be served upon the State\nHealth Commissioner or his legal representative.\n\nB. A hearing on the appeal of the order of isolation shall be held within 48\nhours of the filing of the petition for appeal or, if the 48-hour period\nterminates on a Saturday, Sunday, legal holiday or day on which the court is\nlawfully closed, the hearing shall be held on the next day that is not a\nSaturday, Sunday, legal holiday or day on which the court is lawfully closed.\n\t\t\tIn extraordinary circumstances, for good cause shown, the Commissioner may\nrequest a continuance of the hearing, which the court shall only grant after\ngiving due regard to the rights of the affected individuals, the protection of\nthe public health and safety, the severity of the emergency, and the\navailability of witnesses and evidence.\n\nC. Any person appealing an order of isolation shall have the burden of proving\nthat he is not properly the subject of the order of isolation.\n\nD. An appeal shall not stay any order of isolation.\n\nE. Upon receiving multiple appeals of an order of isolation, the court may, on\nthe motion of any party or on the court’s own motion, consolidate the\ncases in a single proceeding for all appeals when (i) there are common questions\nof law or fact relating to the individual claims or rights to be determined;\n(ii) the claims of the consolidated cases are substantially similar; and (iii)\nall parties to the appeals will be adequately represented in the consolidation.\n\nF. The circuit court shall not conduct a de novo review of the order of\nisolation; however, the court shall consider the existing record and such\nsupplemental evidence as the court shall consider relevant. The court shall\nconduct the hearing on an appeal of an order of isolation in a manner that will\nprotect the health and safety of court personnel, counsels, witnesses, and the\ngeneral public and in accordance with rules of the Supreme Court of Virginia\npursuant to subsection C of § 17.1-503. The court may, for good cause\nshown, hold all or any portion of the hearings in camera upon motion of any\nparty or the court’s own motion.\n\nG. Upon completion of the hearing, the court may (i) vacate or modify the order\nof isolation as such order applies to any person who filed the appeal and who is\nnot, according to the record and the supplemental evidence, appropriately\nsubject to the order of isolation; (ii) vacate or modify the order of isolation\nas such order applies to all persons who filed an appeal and who are not,\naccording to the record and the supplemental evidence, appropriately subject to\nthe order of isolation; (iii) confirm the order of isolation as it applies to\nany person or all appealing parties upon a finding that such person or persons\nare appropriately subject to the order of isolation and that isolation is being\nimplemented in the least restrictive environment to address the public health\nthreat effectively, given the reasonably available information on effective\ninfection control measures and the nature of the communicable disease of public\nhealth threat; or (iv) confirm the order of isolation as it applies to all\npersons subject to the order upon finding that all such persons are\nappropriately subject to the order of isolation and that isolation is being\nimplemented in the least restrictive environment to address the public health\nthreat effectively given the reasonably available information on effective\ncontrol measures and the nature of the communicable disease of public health\nthreat.\n\t\t\tIn any case in which the court shall vacate the order of isolation as it\napplies to any person who has filed a request for review of such order and who\nis subject to such order or as it applies to all persons seeking judicial review\nwho are subject to such order, the person or persons shall be immediately\nreleased from isolation unless such order to vacate the isolation shall be\nstayed by the filing of an appeal to the Court of Appeals. Any party to the case\nmay file an appeal of the circuit court decisions to the Court of Appeals.\nParties to the case shall include any person who is subject to an order of\nisolation and has filed an appeal of such order with the circuit court and the\nState Health Commissioner.\n\nH. Appeals of any final order of any circuit court regarding the State Health\nCommissioner’s petition for review and confirmation or extension of an\norder of isolation or any appeal of an order of isolation by a person or persons\nwho are subject to such order shall be appealable to the Court of Appeals, with\nan expedited review in accordance with the rules of the court pursuant to\nsubsection C of § 17.1-503.\n\nI. Appeals of any circuit court order relating to an order of isolation shall\nnot stay any order of isolation.\n\nJ. Persons appealing any order of isolation shall have the right to be\nrepresented by an attorney in all proceedings. If the person is unable to afford\nan attorney, counsel shall be appointed for the person by the circuit court for\nthe jurisdiction in which the person or persons who are subject to the order of\nisolation reside or, in the case of an affected area, by the circuit court for\nthe jurisdiction or jurisdictions for the affected area. Counsel so appointed\nshall be paid at a rate established by the Supreme Court of Virginia from the\nCommonwealth’s criminal fund.\n\nHISTORY: 2004, cc. 773, 1021; 2007, cc. 699, 783; 2021, Sp. Sess. I, c. 489.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}