                                 CODE OF VIRGINIA

APPEAL OF ANY ORDER OF QUARANTINE (§ 32.1-48.010)

A. Any person or persons subject to an order of quarantine or a court-ordered
extension of any such order pursuant to this article may file an appeal of the
order of quarantine as such order applies to such person or persons in the
circuit court for the city or county in which the subject or subjects of the
order reside or are located or the circuit court for the jurisdiction or
jurisdictions for any affected area. Any petition for appeal shall be in
writing, shall set forth the grounds on which the order of quarantine 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. A hearing on the appeal of the order of quarantine 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.
			In 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. Any person appealing an order of quarantine shall have the burden of proving
that he is not properly the subject of the order of quarantine.

D. The filing of an appeal shall not stay any order of quarantine.

E. Upon receiving multiple appeals of an order of quarantine that applies to a
group of persons or an affected area, the court may, on the motion of any party
or on the court&#8217;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. The circuit court shall not conduct a de novo review of the order of
quarantine; 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 quarantine 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 &#xA7; 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 upon the court&#8217;s own motion.

G. Upon completion of the hearing, the court may (i) vacate or modify the order
of quarantine 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 quarantine; (ii) vacate or modify the order of
quarantine 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 quarantine; (iii) confirm the order of quarantine 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 quarantine and that
quarantine 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; or (iv) confirm the order of quarantine as it applies to
all persons subject to the order upon finding that all such persons are
appropriately subject to the order of quarantine and that quarantine 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.
			In any case in which the court shall vacate the order of quarantine 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 quarantine unless such order to vacate the quarantine shall be
stayed by the filing of an appeal to the Supreme Court or 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 quarantine and has filed an appeal of such order with the circuit
court and the State Health Commissioner.

H. Appeals of any final order of any circuit court regarding the State Health
Commissioner&#8217;s petition for review and confirmation or extension of an
order of quarantine or any appeal of an order of quarantine 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 &#xA7; 17.1-503.

I. Appeals of any circuit court order relating to an order of quarantine shall
not stay any order of quarantine.

J. Persons requesting judicial review of any order of quarantine 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 quarantine 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&#8217;s criminal fund.

HISTORY: 2004, cc. 773, 1021; 2007, cc. 699, 783; 2021, Sp. Sess. I, c. 489.