Okla. Stat. tit. 2, § 2-6-404

This is the official text of Okla. Stat. tit. 2, § 2-6-404, part of Oklahoma’s Stat. tit. 2, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 2,." Browse the sections below, each linked to its official government source.

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Court action against persons not abiding by disease

Official statutory text

control measures – Hearing – Violation.

A. If the State Board of Agriculture determines that a person

has not or 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 pursuant to Section 17 of this act shall

continue to apply to the person until the court has held the

temporary emergency restrictions hearing and issues an order either

continuing the emergency disease control measures established by the

Board or removing the emergency disease control measures.

B. If the Board requests a court hearing pursuant to this

section, notice of the hearing must be served upon any person

restricted at least twenty-four (24) hours before the hearing.

C. 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

Oklahoma Statutes - Title 2. Agriculture Page 349

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.

D. 1. 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.

2. If the person agrees to sign and comply with the

acknowledgment form referred to in Section 17 of this act, the

temporary restrictions shall not continue longer than thirty (30)

days.

3. If the person refuses to sign and comply with the

acknowledgment form, the temporary restrictions shall continue for a

longer time as specified by the court. Refusal by the person to

sign and comply with the acknowledgment form constitutes a knowing

violation of the Animal Disease Outbreak Temporary Emergency Act.

Status: in_force · Read it on the official government site

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