§ 23.1-08-19 — Administrative procedure and judicial review

A proceeding under this chapter to adopt or modify rules, including emergency orders
relating to solid waste management and land protection, or determine compliance with rules of
the department, must be conducted in accordance with the provisions of chapter 28-32, and
appeals may be taken as provided under that chapter. 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 is
effective immediately, but on application to the department 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.