63G-4-502 - Emergency adjudicative proceedings.
63G-4-502. Emergency adjudicative proceedings.
(1) An agency may issue an order on an emergency basis without complying with therequirements of this chapter if:
(a) the facts known by the agency or presented to the agency show that an immediate andsignificant danger to the public health, safety, or welfare exists; and
(b) the threat requires immediate action by the agency.
(2) In issuing its emergency order, the agency shall:
(a) limit its order to require only the action necessary to prevent or avoid the danger tothe public health, safety, or welfare;
(b) issue promptly a written order, effective immediately, that includes a brief statementof findings of fact, conclusions of law, and reasons for the agency's utilization of emergencyadjudicative proceedings; and
(c) give immediate notice to the persons who are required to comply with the order.
(3) If the emergency order issued under this section will result in the continuedinfringement or impairment of any legal right or interest of any party, the agency shall commencea formal adjudicative proceeding in accordance with the other provisions of this chapter.
Renumbered and Amended by Chapter 382, 2008 General Session