§ 90.820 — Emergency administrative proceedings

1. The Administrator may use emergency administrative proceedings in a situation involving an immediate danger to the public welfare requiring immediate action.
2. The Administrator may take only such action as is necessary to prevent or avoid the immediate danger to the public welfare that justifies use of emergency administrative proceedings.
3. The Administrator 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, reasons of policy for the decision to justify the determination of an immediate danger and the Administrator’s decision to take the specific action.
4. The Administrator shall give such notice as is practicable to persons who are required to comply with the order. The order is effective when issued.
5. After issuing an order under this section, the Administrator shall proceed as quickly as feasible to complete proceedings that would be required under chapter 233B of NRS if the matter did not involve an immediate danger.
6. The record of the Administrator consists of the records regarding the matter that were considered or prepared by the Administrator. The Administrator shall maintain these records as the official record.
7. Unless otherwise required by law, the Administrator’s record need not constitute the exclusive basis for the Administrator’s action in emergency administrative proceedings or for judicial review of the action.
8. An order issued under this section is subject to judicial review in the manner provided in chapter 233B of NRS for the final decision in a contested case.

Legislative History

(Added to NRS by 1987, 2189 ; A 1989, 160 ; 2003, 3177 )