Minn. Stat. § 35.0662
This is the official text of Minn. Stat. § 35.0662, part of Minnesota’s Stat — part of the compiled statutory law of Minnesota, published by the state as "Stat." Browse the sections below, each linked to its official government source.
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§ 35.0662 TEMPORARY EMERGENCY RESTRICTIONS HEARING.
Official statutory text
§ Subdivision 1. Grounds. If the board determines that a person is not reasonably likely to abide by the disease control measures established by the board, the board may request a court hearing to determine if the emergency temporary restrictions should continue. The court shall schedule the hearing as expeditiously as possible. When the board requests a court hearing under this section, restrictions under section 35.0661, subdivision 3 , continue to apply to the person until the court has held the temporary emergency restrictions hearing and issues an order.
§ Subd. 2. Time of notice. If the board requests a court hearing pursuant to this section, notice of the hearing must be served upon the person or persons to be restricted at least 24 hours before the hearing.
§ Subd. 3. Contents of notice. The notice must contain the following information: (1) the time, date, and place of the hearing; (2) the grounds and underlying facts upon which continued restrictions are sought; (3) the person's right to appear by electronic means at the hearing and the right to have a representative appear in person at the hearing; (4) the person's right to present and cross-examine witnesses; and (5) the person's right to counsel, including the right, if the person is indigent, to representation by counsel designated by the court or county of venue.
§ Subd. 4. Order for continued temporary restrictions. The court may order the continued restriction on the movement of the person if it finds, by a preponderance of the evidence, that travel outside of the quarantine zone by the person would pose an imminent threat of transporting a dangerous, infectious, or communicable disease outside of the boundaries of the quarantine zone. If the person agrees to sign and comply with the acknowledgment form referred to in section 35.0661, subdivision 3 , the temporary restrictions must not continue longer than 30 days. If the person refuses to sign and comply with the acknowledgment form, the temporary restrictions may continue for a longer time specified by the court. Refusal by the person to sign and comply with the acknowledgment form constitutes a knowing violation of section 35.0661 and subjects the person to the penalties specified in section 35.96 .
§ Subd. 2. Time of notice. If the board requests a court hearing pursuant to this section, notice of the hearing must be served upon the person or persons to be restricted at least 24 hours before the hearing.
§ Subd. 3. Contents of notice. The notice must contain the following information: (1) the time, date, and place of the hearing; (2) the grounds and underlying facts upon which continued restrictions are sought; (3) the person's right to appear by electronic means at the hearing and the right to have a representative appear in person at the hearing; (4) the person's right to present and cross-examine witnesses; and (5) the person's right to counsel, including the right, if the person is indigent, to representation by counsel designated by the court or county of venue.
§ Subd. 4. Order for continued temporary restrictions. The court may order the continued restriction on the movement of the person if it finds, by a preponderance of the evidence, that travel outside of the quarantine zone by the person would pose an imminent threat of transporting a dangerous, infectious, or communicable disease outside of the boundaries of the quarantine zone. If the person agrees to sign and comply with the acknowledgment form referred to in section 35.0661, subdivision 3 , the temporary restrictions must not continue longer than 30 days. If the person refuses to sign and comply with the acknowledgment form, the temporary restrictions may continue for a longer time specified by the court. Refusal by the person to sign and comply with the acknowledgment form constitutes a knowing violation of section 35.0661 and subjects the person to the penalties specified in section 35.96 .
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