Section 690.1365  Service of Isolation, Quarantine, or Closure Order

a)         Orders for isolation, quarantine or closure shall be delivered in a manner reasonably calculated to give the person actual notice of the terms of the order.  The Department or certified local health department shall serve notice of the isolation, quarantine or closure order as follows:

1)         By personal service to the person, except in cases where personal delivery would represent a spread of or exposure to a dangerously contagious or infectious disease; or

2)         By certified mail, postage prepaid, return receipt requested to the person's last known address; or

3)         By electronic transmission via e-mail or telefacsimile, provided that any available means of determining and recording receipt of such notice will be made and further provided that notice by certified mail shall accompany electronic transmission.

b)         The individual making personal service pursuant to this Section shall provide a written declaration under penalty of perjury identifying the person served and the time, date, and manner of service as proof of service.

c)         If the order for isolation, quarantine or closure applies to a group of persons and it is impractical under the circumstances to provide individual notice, the Department or certified local health department may post or publish the order in a conspicuous location as an acceptable alternative to personal service.  If the notice is posted or published, the Department or certified local health department shall omit the names and identities of persons and shall take other measures respecting the privacy of the persons.

d)         If the Department or certified local health department determines that serving or posting the order according to subsections (a) and (c) of this Section is impractical because of the number of persons to be isolated or quarantined or the geographical area affected, the Department or certified local health department shall use the best means available, such as through the media or automated emergency telephone systems, to fully inform the affected persons of the order.  If, upon petition by the Department or certified local health department, the court rules that the method used is an alternate form of personal service, then the order shall proceed as an enforceable order under this Subpart.

e)         Where there is no personal service of an order, the order shall be deemed an advisory directive and shall not trigger any rights of judicial review or be enforceable by law enforcement.

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