North Dakota Century Code Title 23. Health and Safety § 23-07.6-05. Court hearing

A hearing must be held on a petition filed under subsection 2 of section 23-07.6-03 within five days of filing the petition.  For a good cause shown, the court may continue the hearing for up to ten days.  A respondent has the right to a court hearing in the district court serving the county in which the respondent resides.  A record of the proceedings pursuant to this section must be made and retained.  If parties cannot personally appear before the court due to risks of contamination or the spread of disease, proceedings may be conducted by their authorized representatives and be held via any means that allows all parties to fully participate.  The respondent has a right to counsel and if the respondent is indigent, the respondent has the right to have counsel provided at public expense.  The respondent, respondent's representative, or respondent's counsel has the right to cross-examine witnesses testifying at the hearing.  A petition for a hearing does not stay a written directive ordering confinement.  The court shall determine by a preponderance of the evidence if the respondent is infected with a communicable disease, if the respondent poses a substantial threat to the public health, and if confinement is necessary and is the least restrictive alternative to protect or preserve the public health.  The court shall also determine whether to order the respondent to follow the state or local health officer's directive for decontamination, treatment, or preventative measures if the petition is granted.  If the written directive was issued by a local health officer, the state health officer has the right to be made a party to the proceedings.


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