17A.18A - EMERGENCY ADJUDICATIVE PROCEEDINGS.
17A.18A EMERGENCY ADJUDICATIVE PROCEEDINGS.
1. Notwithstanding any other provision of this chapter and to the
extent consistent with the Constitution of the State of Iowa and of
the United States, an agency may use emergency adjudicative
proceedings in a situation involving an immediate danger to the
public health, safety, or welfare requiring immediate agency action.
2. The agency may take only such action as is necessary to
prevent or avoid the immediate danger to the public health, safety,
or welfare that justifies use of emergency adjudication.
3. The agency shall issue an order, including a brief statement
of findings of fact, conclusions of law, and policy reasons for the
decision if it is an exercise of the agency's discretion, to justify
the determination of an immediate danger and the agency's decision to
take the specific action.
4. The agency shall give such notice as is practicable to persons
who are required to comply with the order. The order is effective
when issued.
5. After issuing an order pursuant to this section, the agency
shall proceed as quickly as feasible to complete any proceedings that
would be required if the matter did not involve an immediate danger.
6. The agency record consists of any documents regarding the
matter that were considered or prepared by the agency. The agency
shall maintain these documents as its official record.
7. Unless otherwise required by a provision of law, the agency
record need not constitute the exclusive basis for agency action in
emergency adjudicative proceedings or for judicial review thereof.
Section History: Recent Form
98 Acts, ch 1202, §21, 46; 2006 Acts, ch 1030, §5
Referred to in § 165B.5, 207.14, 421.17, 459.314B, 502.412,
507A.10, 507B.6A, 508E.16, 516E.13, 523A.805, 523C.19, 523D.13,
523I.203, 533A.7, 533D.12, 535B.7, 535D.13, 536.9, 536A.18