§ 67-5247 — EMERGENCY PROCEEDINGS

(1) An agency may act through an emergency proceeding in a situation involving an immediate danger to the public health, safety, or welfare requiring immediate agency action. The agency shall take only such actions as are necessary to prevent or avoid the immediate danger that justifies the use of emergency contested cases.
(2) The agency shall issue an order, including a brief, reasoned statement to justify both the decision that an immediate danger exists and the decision to take the specific action. When appropriate, the order shall include findings of fact and conclusions of law.
(3) The agency shall give such notice as is reasonable to persons who are required to comply with the order. The order is effective when issued.
(4) 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.
(5) Unless otherwise required by a provision of law, the agency record need not constitute the exclusive basis for agency action in emergency contested cases or for judicial review thereof.
(6) No order issued pursuant to this section shall be effective for longer than one hundred twenty (120) days or until the effective date of any final order issued following the proceedings described in subsection (4) of this section, whichever is earlier.

Legislative History

[67-5247, added 1992, ch. 263, sec. 32, p. 806; am. 2025, ch. 151, sec. 15, p. 747.]