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.
History:
[67-5247, added 1992, ch. 263, sec. 32, p. 806.]
Structure Idaho Code
Title 67 - STATE GOVERNMENT AND STATE AFFAIRS
Chapter 52 - IDAHO ADMINISTRATIVE PROCEDURE ACT
Section 67-5201 - DEFINITIONS.
Section 67-5202 - OFFICE OF THE ADMINISTRATIVE RULES COORDINATOR.
Section 67-5203 - PUBLICATION OF ADMINISTRATIVE BULLETIN.
Section 67-5204 - PUBLICATION OF ADMINISTRATIVE CODE.
Section 67-5205 - FORMAT — COSTS — DISTRIBUTION — FUNDS.
Section 67-5206 - PROMULGATION OF RULES IMPLEMENTING ADMINISTRATIVE PROCEDURE ACT.
Section 67-5207 - SHORT TITLE.
Section 67-5220 - NOTICE OF INTENT TO PROMULGATE RULES — NEGOTIATED RULEMAKING.
Section 67-5221 - PUBLIC NOTICE OF PROPOSED RULEMAKING.
Section 67-5222 - PUBLIC PARTICIPATION.
Section 67-5223 - INTERIM LEGISLATIVE REVIEW — STATEMENT OF ECONOMIC IMPACT.
Section 67-5224 - PENDING RULE — FINAL RULE — EFFECTIVE DATE.
Section 67-5225 - RULEMAKING RECORD.
Section 67-5226 - TEMPORARY RULES.
Section 67-5227 - VARIANCE BETWEEN PENDING RULE AND PROPOSED RULE.
Section 67-5228 - EXEMPTION FROM REGULAR RULEMAKING PROCEDURES.
Section 67-5229 - INCORPORATION BY REFERENCE.
Section 67-5230 - PETITION FOR ADOPTION, AMENDMENT, REPEAL, OR WAIVER OF RULES.
Section 67-5231 - INVALIDITY OF RULES NOT ADOPTED IN COMPLIANCE WITH THIS CHAPTER — TIME LIMITATION.
Section 67-5232 - DECLARATORY RULINGS BY AGENCIES.
Section 67-5240 - CONTESTED CASES.
Section 67-5241 - INFORMAL DISPOSITION.
Section 67-5242 - PROCEDURE AT HEARING.
Section 67-5243 - ORDERS NOT ISSUED BY AGENCY HEAD.
Section 67-5244 - REVIEW OF RECOMMENDED ORDERS.
Section 67-5245 - REVIEW OF PRELIMINARY ORDERS.
Section 67-5246 - FINAL ORDERS — EFFECTIVENESS OF FINAL ORDERS.
Section 67-5247 - EMERGENCY PROCEEDINGS.
Section 67-5248 - CONTENTS OF ORDERS.
Section 67-5249 - AGENCY RECORD.
Section 67-5250 - INDEXING OF PRECEDENTIAL AGENCY ORDERS — INDEXING OF AGENCY GUIDANCE DOCUMENTS.
Section 67-5251 - EVIDENCE — OFFICIAL NOTICE.
Section 67-5252 - PRESIDING OFFICER — DISQUALIFICATION.
Section 67-5253 - EX PARTE COMMUNICATIONS.
Section 67-5254 - AGENCY ACTION AGAINST LICENSEES.
Section 67-5255 - DECLARATORY RULINGS BY AGENCIES.
Section 67-5270 - RIGHT OF REVIEW.
Section 67-5271 - EXHAUSTION OF ADMINISTRATIVE REMEDIES.
Section 67-5272 - VENUE — FORM OF ACTION.
Section 67-5273 - TIME FOR FILING PETITION FOR REVIEW.
Section 67-5275 - AGENCY RECORD FOR JUDICIAL REVIEW.
Section 67-5276 - ADDITIONAL EVIDENCE.
Section 67-5277 - JUDICIAL REVIEW OF ISSUES OF FACT.
Section 67-5278 - DECLARATORY JUDGMENT ON VALIDITY OR APPLICABILITY OF RULES.
Section 67-5279 - SCOPE OF REVIEW — TYPE OF RELIEF.
Section 67-5280 - CREATION OF OFFICE OF ADMINISTRATIVE HEARINGS — POWERS AND DUTIES.
Section 67-5282 - DUTIES AND PROHIBITED CONDUCT OF THE CHIEF ADMINISTRATIVE HEARING OFFICER.
Section 67-5283 - HEARING OFFICER QUALIFICATIONS — POWERS — DUTIES.
Section 67-5284 - COOPERATION OF AGENCIES.
Section 67-5286 - CONDUCT OF CONTESTED CASE PROCEEDINGS.