§ 7-11-712 - Emergency administrative proceedings.
SECTION 7-11-712
§ 7-11-712 Emergency administrativeproceedings. – (a) The director may use emergency administrative proceedings in a situationinvolving an immediate danger to the public welfare requiring immediate action.
(b) The director may take only the action that is necessaryto prevent or avoid the immediate danger to the public welfare that justifiesuse of emergency administrative proceedings.
(c) The director shall issue an order, including a briefstatement of findings of fact, conclusions of law, and, if it is an exercise ofthe agency's discretion, policy reasons for the decision to justify thedetermination of an immediate danger and the director's decision to take thespecific action.
(d) The director shall give the notice that is practicable topersons who are required to comply with the order. The order is effective whenissued. Upon the entry of an order under subsection (c), the director willpromptly give notice to the persons subject to the order
(i) that the order has been entered, together with a briefstatement of the reasons for the entry of the order, and
(ii) that the director, upon receipt of a written requestwithin thirty (30) days after the entry of the order, shall set the matter forhearing no more than sixty (60) nor less than twenty (20) days from the receiptof the request for hearing and shall promptly notify the parties of the timeand place for hearing. If no hearing is requested and none is ordered by thedirector, the order becomes permanent on the thirtieth (30th) day after itsentry and remains in effect unless or until it is modified or vacated by thedirector.
(2) If a party fails to appear at a hearing, the orderbecomes permanent one day following the date set for a hearing requested by aparty.
(e) After issuing an order under this section, the directorshall proceed as quickly as feasible to complete proceedings that would berequired under the state administrative procedures act if the matter did notinvolve an immediate danger.
(f) The record of the director consists of the documentsregarding the matter that were considered or prepared by the director. Thedirector shall maintain these documents as the official record.
(g) Unless otherwise required by law, the director's recordneed not constitute the exclusive basis for the director's action in emergencyadministrative proceedings or for judicial review of the action.
(h) An order issued under this section is subject to judicialreview in accordance with the requirements of the state administrativeprocedures act.