Section 690.1345  Relief from Isolation, Quarantine, or Closure

a)         Any person or group of persons who are isolated or quarantined or who are owners of places subject to closure may seek relief from the local circuit court.  Any person or persons who are isolated or quarantined or who are owners of places subject to closure by order of the Department or certified local health department may apply to the court for an order to show cause why the individual or group should be released or the place should be opened.

b)         A request for a hearing under this Section shall not stay or enjoin an isolation, quarantine or closure order.  To obtain release from a public health order, the person or persons, by clear and convincing evidence, must prove that the public's health and welfare are not significantly endangered by the person, persons or place subject to the order.

c)         In any proceedings brought for relief under this Section, in extraordinary circumstances and for good cause shown, the Department or certified local health department may move the court to extend the time for a hearing.  The court, in its discretion, may grant the extension, giving due regard to the rights of the affected persons, the protection of the public's health, the severity of the emergency and the availability of necessary witnesses and evidence.

d)         Any hearing for relief under this Section involving a petitioner or petitioners considered to be contagious for a dangerously contagious or infectious disease shall be conducted in a manner that uses appropriate infection control precautions and minimizes the risk of disease transmission.

(Source:  Added at 32 Ill. Reg. 3777, effective March 3, 2008)