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.
2001 c 192 s 2
Structure Minnesota Statutes
Chapters 17 - 43 — Agriculture
Section 35.02 — Board Of Animal Health.
Section 35.03 — Powers, Duties, And Reports.
Section 35.05 — Authority Of State Board.
Section 35.051 — Ephedrine And Pseudoephedrine Products.
Section 35.06 — Reporting Disease; Compelling Testimony.
Section 35.063 — Quarantine Maintained.
Section 35.065 — May Not Break Quarantine.
Section 35.0662 — Temporary Emergency Restrictions Hearing.
Section 35.085 — Indemnity For Destroyed Cattle.
Section 35.086 — Bovine Tuberculosis Management Zone; Restrictions.
Section 35.13 — Entry To Premises Forbidden.
Section 35.15 — Transportation Of Livestock; Compliance With Rules.
Section 35.155 — Farmed Cervidae.
Section 35.156 — Chronic Wasting Disease.
Section 35.16 — Transportation Companies To Hold Livestock And Poultry.
Section 35.165 — Liability For Illegally Transporting Livestock.
Section 35.244 — Control Of Bovine Tuberculosis.
Section 35.67 — Rabies Investigation.
Section 35.68 — Rabies Proclamation.
Section 35.69 — Unmuzzled Dogs Not Permitted At Large.
Section 35.751 — Exempt Materials Permit.
Section 35.76 — Garbage, Treatment.
Section 35.77 — Quarantine, Permit For Removal Of Livestock Or Poultry.
Section 35.78 — Inspection And Investigation Of Premises, Records.
Section 35.81 — Transportation Of Animals And Poultry, Rules.
Section 35.815 — Livestock Mortalities.
Section 35.82 — Rendering Plant Permits; Disposition Of Carcasses.
Section 35.822 — Registration Of Marks Or Brands With Board.
Section 35.824 — Application For Registration; Penalties, Duplicate Brands.
Section 35.825 — Checking Of Applications; Conflicts.
Section 35.826 — State Brand Books; Reregistration Of Marks, Brands.
Section 35.827 — Sale Of Brand Books.
Section 35.829 — Transfer Of Brands.
Section 35.830 — Sale Of Branded Livestock; Written Bill Of Sale.
Section 35.90 — General Inspection Authority.
Section 35.91 — Violation Of Rules And Orders.
Section 35.93 — Administrative Action.
Section 35.94 — Damages Against State For Administrative Action Without Cause.