§ 7-11-712. Emergency administrative proceedings.
(a) The director may use emergency administrative proceedings in a situation involving an immediate danger to the public welfare requiring immediate action.
(b) The director may take only the action that is necessary to prevent or avoid the immediate danger to the public welfare that justifies use of emergency administrative proceedings.
(c) The director shall issue an order, including a brief statement of findings of fact, conclusions of law, and, if it is an exercise of the agency’s discretion, policy reasons for the decision to justify the determination of an immediate danger and the director’s decision to take the specific action.
(d)(1) The director shall give the notice that is practicable to persons who are required to comply with the order. The order is effective when issued. Upon the entry of an order under subsection (c), the director will promptly give notice to the persons subject to the order:
(i) That the order has been entered, together with a brief statement of the reasons for the entry of the order; and
(ii) That the director, upon receipt of a written request within thirty (30) days after the entry of the order, shall set the matter for hearing no more than sixty (60) nor less than twenty (20) days from the receipt of the request for hearing and shall promptly notify the parties of the time and place for hearing. If no hearing is requested and none is ordered by the director, the order becomes permanent on the thirtieth day after its entry and remains in effect unless or until it is modified or vacated by the director.
(2) If a party fails to appear at a hearing, the order becomes permanent one day following the date set for a hearing requested by a party.
(e) After issuing an order under this section, the director shall proceed as quickly as feasible to complete proceedings that would be required under the state administrative procedures act if the matter did not involve an immediate danger.
(f) The record of the director consists of the documents regarding the matter that were considered or prepared by the director. The director shall maintain these documents as the official record.
(g) Unless otherwise required by law, the director’s record need not constitute the exclusive basis for the director’s action in emergency administrative proceedings or for judicial review of the action.
(h) An order issued under this section is subject to judicial review in accordance with the requirements of the state administrative procedures act.
History of Section.
P.L. 1990, ch. 460, § 2.