17A.18A Emergency adjudicative proceedings.
1. Notwithstanding any other provision of this chapter and to the extent consistent with the Constitution of the State of Iowa and of the United States, an agency may use emergency adjudicative proceedings in a situation involving an immediate danger to the public health, safety, or welfare requiring immediate agency action.
2. The agency may take only such action as is necessary to prevent or avoid the immediate danger to the public health, safety, or welfare that justifies use of emergency adjudication.
3. The agency shall issue an order, including a brief statement of findings of fact, conclusions of law, and policy reasons for the decision if it is an exercise of the agency’s discretion, to justify the determination of an immediate danger and the agency’s decision to take the specific action.
4. The agency 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 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.
6. The agency record consists of any documents regarding the matter that were considered or prepared by the agency. The agency shall maintain these documents as its official record.
7. Unless otherwise required by a provision of law, the agency record need not constitute the exclusive basis for agency action in emergency adjudicative proceedings or for judicial review thereof.
98 Acts, ch 1202, §21, 46; 2006 Acts, ch 1030, §5
Referred to in §124.305, 163.3E, 165B.5, 207.14, 235E.2, 421.17, 459.314B, 502.412, 507A.10, 507B.6A, 508E.16, 515I.12, 523A.805, 523C.19, 523D.13, 523I.203, 533A.7, 533D.12, 535B.7, 535D.13, 536.9, 536A.18
Structure Iowa Code
Title I - STATE SOVEREIGNTY AND MANAGEMENT
Chapter 17A - IOWA ADMINISTRATIVE PROCEDURE ACT
Section 17A.1 - Citation and statement of purpose.
Section 17A.3 - Public information — adoption of rules — availability of rules and orders.
Section 17A.4 - Procedure for adoption of rules.
Section 17A.4A - Regulatory analysis.
Section 17A.4B - Jobs impact statement.
Section 17A.5 - Filing and taking effect of rules.
Section 17A.6 - Publications — copy of standards adopted by reference.
Section 17A.6A - Rulemaking internet site.
Section 17A.6B - Agency fees internet site — notice.
Section 17A.8 - Administrative rules review committee.
Section 17A.9 - Declaratory orders.
Section 17A.10 - Informal settlements — waiver.
Section 17A.10A - Contested cases — no factual dispute.
Section 17A.11 - Presiding officer, disqualification, substitution.
Section 17A.12 - Contested cases — notice — hearing — records.
Section 17A.13 - Subpoenas — discovery.
Section 17A.14 - Rules of evidence — official notice.
Section 17A.15 - Final decisions — proposed decisions — conclusiveness — review by the agency.
Section 17A.16 - Decisions and orders — rehearing.
Section 17A.17 - Ex parte communications and separation of functions.
Section 17A.18A - Emergency adjudicative proceedings.
Section 17A.19 - Judicial review.
Section 17A.21 - Inconsistency with federal law.
Section 17A.22 - Agency authority to implement chapter.
Section 17A.23 - Construction — delegation of authority.
Section 17A.33 - Review by administrative rules review committee — priority.
Section 17A.34 - Competition with private enterprise — notice for proposed rules.