WAC 246-100-055   Relief from isolation or quarantine.  Any person or group of persons isolated or quarantined pursuant to this chapter may seek relief from the superior court.

     (1) Any person or group of persons detained by order of a local health officer pursuant to WAC 246-100-040(3) may apply to the court for an order to show cause why the individual or group should not be released.

     (a) The court shall rule on the application to show cause within forty-eight hours of its filing.

     (b) If the court grants the application, the court shall schedule a hearing on the order to show cause as soon as practicable.

     (c) The issuance of an order to show cause shall not stay or enjoin an isolation or quarantine order.

     (2) An individual or group isolated or quarantined may request a hearing in the court for remedies regarding breaches to the conditions of isolation or quarantine required by WAC 246-100-045.

     (3) A request for a hearing shall not stay or enjoin an isolation or quarantine order.

     (4) Upon receipt of a request under this subsection alleging extraordinary circumstances justifying the immediate granting of relief, the court shall fix a date for hearing on the matters alleged as soon as practicable.

     (5) Otherwise, upon receipt of a request under this section, the court shall fix a date for hearing on the matters alleged within five days from receipt of the request.

     (6) In any proceedings brought for relief under this subsection, in extraordinary circumstances and for good cause shown, the local health authority may move the court to extend the time for a hearing, which extension the court in its discretion may grant giving due regard to the rights of the affected individuals, the protection of the public's health, the severity of the emergency and the availability of necessary witnesses and evidence.

     (7) Any hearings for relief under this section involving a petitioner or petitioners judged to be contagious for a communicable disease will be conducted in a manner that utilizes appropriate infection control precautions and minimizes the risk of disease transmission.



[Statutory Authority: RCW 43.20.050 (2)(d), 70.05.050, and70.05.060 . 03-05-048, § 246-100-055, filed 2/13/03, effective 2/13/03.]