(b) The court shall rule on the application to show cause within 48 hours of the filing of the application.
(c) The court shall grant the application if there is a reasonable basis to support the allegations in the application, and the court shall schedule a hearing on the order requiring the Public Health Director or local public health administrator to appear and to show cause within five working days of the filing of the application.
(d) The issuance of an order to show cause and ordering the director or local public health administrator to appear and show cause does not stay or enjoin an isolation or quarantine order.
(2)(a) A person or group of persons who is isolated or quarantined may request a hearing in the circuit court for remedies regarding breaches of the conditions of isolation or quarantine required by ORS 433.128.
(b) The court shall hold a hearing if there is a reasonable basis to believe there has been a breach of the conditions of isolation or quarantine required by ORS 433.128.
(c) A request for a hearing does not stay or enjoin an order for isolation or quarantine.
(d) Upon receipt of a request under this subsection alleging extraordinary circumstances justifying the immediate granting of relief, the court shall hold a hearing on the matters alleged as soon as practicable.
(e) If a hearing is not granted under paragraph (d) of this subsection, the court shall hold a hearing on the matters alleged within five days from receipt of the request.
(3) In any proceedings brought for relief under this section, in extraordinary circumstances and for good cause shown, or with consent of the petitioner or petitioners the Public Health Director or local public health administrator 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 health, the severity of the emergency and the availability of necessary witnesses and evidence.
(4) If a person or group of persons who is detained cannot personally appear before the court because such an appearance poses a risk of serious harm to others, the court proceeding may be conducted by legal counsel for the person or group of persons and be held at a location, or by any means, including simultaneous electronic transmission, that allows all parties to fully participate.
(5) If the court finds, by clear and convincing evidence, that a person or group of persons no longer poses a serious risk to the health and safety to others, the court may order the release of that person or group of persons from isolation or quarantine.
(6) If the court finds by clear and convincing evidence that a person or group of persons is not being held in accordance with the conditions of isolation or quarantine required by ORS 433.128, the court may order an appropriate remedy to ensure compliance with ORS 433.128. [2007 c.445 §14; 2009 c.595 §644; 2011 c.721 §6]
Structure 2021 Oregon Revised Statutes
Chapter 433 - Disease and Condition Control; Mass Gatherings; Indoor Air
Section 433.001 - Definitions for ORS 433.001 to 433.045 and 433.110 to 433.770.
Section 433.006 - Investigation and control measures; rules.
Section 433.008 - Confidentiality of disclosure; exceptions; privilege.
Section 433.009 - Reporting by law enforcement unit.
Section 433.017 - Test of blood of pregnant woman required; patient consent; rules.
Section 433.045 - Notice of HIV test required; exceptions.
Section 433.055 - Prevalence studies.
Section 433.060 - Definitions for ORS 433.060 to 433.080.
Section 433.065 - Procedures for HIV testing; rules.
Section 433.070 - Compliance with procedures required.
Section 433.075 - Responsibility for cost of test; confidentiality.
Section 433.080 - When test may be required; procedure to require test; rules.
Section 433.090 - Definitions for ORS 433.090 to 433.102.
Section 433.095 - Reporting information to registry; rules.
Section 433.096 - Receiving and disclosing registry information.
Section 433.100 - Parental consent not required for enrollment in registry; rules; fees.
Section 433.102 - Parental responsibility for immunization; medical or religious exemptions.
Section 433.104 - Use of immunization registry for potential catastrophic disease threat.
Section 433.126 - Notice to persons subject to order; rules.
Section 433.131 - Entry into premises used for isolation or quarantine; rules.
Section 433.136 - Consolidation of proceedings regarding isolation or quarantine.
Section 433.137 - Court records; disclosure.
Section 433.140 - Payment of isolation or quarantine expenses; assistance.
Section 433.142 - Petition for isolation of contaminated property; contents; hearing; court order.
Section 433.150 - Quarantine hospital; seizure, control of and compensation for emergency hospital.
Section 433.235 - Definitions for ORS 433.235 to 433.284.
Section 433.240 - Parental responsibility.
Section 433.245 - Advisory committee; membership.
Section 433.267 - Immunization of school children; rules; exceptions; effect of failure to comply.
Section 433.280 - Status of immunization records as public records.
Section 433.282 - Required immunizations at certain post-secondary educational institutions; rules.
Section 433.283 - Immunizations against measles for certain students at community colleges; rules.
Section 433.295 - Report of cases required; forms to be furnished.
Section 433.299 - Newborn Bloodspot Screening Advisory Board; members; term; meetings; reports.
Section 433.301 - Newborn nurse home visiting services program; rules.
Section 433.306 - Duty to administer vitamin; religious objection; effect of inability to pay.
Section 433.312 - Determining dosage; rules; notice to practitioners.
Section 433.318 - Newborn pulse oximetry screening; rules.
Section 433.323 - Newborn hearing screening test registry and tracking and recall system; rules.
Section 433.326 - Waiver of requirement of authorization to disclose information.
Section 433.327 - Limitation on liability for good faith disclosure.
Section 433.329 - Reporting known cases; records maintained.
Section 433.332 - Investigation and control of reported cases; rules.
Section 433.340 - Definitions for ORS 433.340 to 433.390.
Section 433.345 - Report of animal bites; rules; handling and disposition of animals.
Section 433.355 - Procedure to force compliance with ORS 433.350.
Section 433.360 - Report of rabies cases; quarantine.
Section 433.365 - Inoculation against rabies; rules; exception; costs.
Section 433.385 - Impoundment of animals; notice to owner; redeeming animal; disposition of animals.
Section 433.390 - County dog control fund; sources and uses.
Section 433.407 - Definitions for ORS 433.407 to 433.423.
Section 433.411 - Legislative finding.
Section 433.416 - When employer to provide preventive immunization.
Section 433.419 - Notice to employer and worker of exposure.
Section 433.423 - Content of rules.
Section 433.441 - Declaration of public health emergency.
Section 433.442 - Definitions for ORS 433.441 to 433.452.
Section 433.444 - Authority of Public Health Director during disease outbreak.
Section 433.449 - Disposal of human remains during state of public health emergency.
Section 433.466 - Right to legal counsel by persons subject to public health measure.
Section 433.502 - Definitions.
Section 433.507 - Legislative findings.
Section 433.511 - Public information program.
Section 433.517 - Field investigations and epidemiological studies.
Section 433.521 - Indoor air quality standards.
Section 433.526 - Public recognition program for compliance; rules.
Section 433.735 - Definitions for ORS 433.735 to 433.770.
Section 433.745 - Outdoor mass gathering without permit prohibited.
Section 433.760 - Rulemaking authority.
Section 433.770 - Enforcement.
Section 433.800 - Definitions for ORS 433.800 to 433.830.
Section 433.810 - Duties of Oregon Health Authority; rules.
Section 433.815 - Educational training.
Section 433.820 - Eligibility for training.
Section 433.830 - Immunity of trained person and institution rendering emergency assistance.
Section 433.835 - Definitions for ORS 433.835 to 433.875.