§ 23.1-06-13 — Administrative procedure and judicial review

Any proceeding under this chapter for the issuance or modification of rules and regulations,
including emergency orders relating to control of air pollution, or determining compliance with
rules and regulations of the department, must be conducted in accordance with chapter 28-32.
Appeals from the proceeding may be taken under chapter 28-32. When an emergency exists
requiring immediate action to protect the public health and safety, the department may, without
notice or hearing, issue an order reciting the existence of the emergency and requiring action be
taken as necessary to meet the emergency. Notwithstanding any provision of this chapter, the
order must be effective immediately, but on application to the department an interested person
must be afforded a hearing before the environmental review advisory council within ten days.
On the basis of the hearing, the emergency order must be continued, modified, or revoked
within thirty days after the hearing. Except as provided for in this section, notice of any hearing
held under this chapter must be issued at least thirty days before the date specified for the
hearing.