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Any person or group of persons isolated or quarantined pursuant to this chapter may seek release from or modification of isolation or quarantine orders from the Yurok Tribal Court. When a petition is brought in Yurok Tribal Court under this section, the sovereign immunity of the Yurok Tribe is hereby waived for the limited purpose of providing for judicial release from or modification of isolation or quarantine orders; provided, that the immunity of the Yurok Tribe is not waived with regard to damages, courts costs, or attorney fees.

(a) Any person or group of persons detained by order of a Yurok Public Health Officer pursuant to YTC 11.10.170, Isolation and quarantine, may apply to the Yurok Tribal Court for an order to show cause for why the individual or group should not be released.

(1) The Yurok Tribal Court shall rule on the application to show cause within two business days of its filing.

(2) If the Yurok Tribal Court grants the application, the Yurok Tribal Court shall schedule a hearing on the order to show cause as soon as practicable.

(3) The issuance of an order to show cause shall not stay or enjoin an isolation or quarantine order except by order of the Tribal Court.

(b) An individual or group isolated or quarantined may request a hearing in the Tribal Court for modification of isolation or quarantine orders regarding conditions of isolation or quarantine required by YTC 11.10.160, Conditions and principles for isolation and quarantine.

(1) A request for a hearing shall not stay or enjoin an isolation or quarantine order except by order of the Tribal Court.

(2) Upon receipt of a request for modification the Yurok Tribal Court shall fix a date for hearing on the matters alleged as soon as practicable.

(3) Otherwise, upon receipt of a request under this section, the Yurok Tribal Court shall fix a date for hearing on the matters alleged within five days from receipt of the request.

(c) In any proceedings brought forth under this section, in extraordinary circumstances and for good cause shown, the Yurok Public Health Officer or their designee may move the Yurok Tribal Court to extend the time for a hearing, which extension the Yurok Tribal Court in its discretion may grant giving due regard to the rights of the affected individuals, the protection of the public’s health, the severity of the emergency, and the availability of necessary witnesses and evidence.

(d) Any hearings under this section involving a petitioner or petitioners who are judged to be contagious for a communicable disease or condition will be conducted in a manner that utilizes appropriate infection control precautions and minimizes the risk of disease transmission.

(e) Unless otherwise specified in this chapter, any proceeding brought pursuant to this chapter shall adhere to the Yurok Tribal Court – Rules of Court. [Ord. 70 § 4206, amended, 1/21/2021; Ord. 65 § 4206, adopted, 4/22/2020.]