77-536. Emergency proceedings; use, when; procedure. (a) A state agency may use emergency proceedings: (1) In a situation involving an immediate danger to the public health, safety or welfare requiring immediate state agency action or (2) as otherwise provided by law.
(b) The state agency may take only such action as is necessary: (1) To prevent or avoid the immediate danger to the public health, safety or welfare that justifies use of emergency adjudication or (2) to remedy a situation for which use of emergency adjudication is otherwise provided by law.
(c) The state agency shall render 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 state agency's discretion, to justify the state agency's decision to take the specific action and the determination of: (1) An immediate danger or (2) the existence of a situation for which use of emergency adjudication is otherwise provided by law.
(d) The state agency shall give such notice as is practicable to persons who are required to comply with the order. The order is effective when rendered. Notice under this subsection shall constitute service for the purposes of the Kansas judicial review act.
(e) After issuing an order pursuant to this section, the state agency shall proceed as quickly as feasible to complete any proceedings that would be required if the matter did not justify the use of emergency proceedings under subsection (a).
(f) The state agency record consists of any documents regarding the matter that were considered or prepared by the state agency. The state agency shall maintain these documents as its official record.
(g) Unless otherwise required by a provision of law, the state agency record need not constitute the exclusive basis for state agency action in emergency proceedings or for judicial review thereof.
History: L. 1984, ch. 313, § 36; L. 1988, ch. 356, § 21; L. 2010, ch. 17, § 208; July 1.
Structure Kansas Statutes
Chapter 77 - Statutes; Administrative Rules And Regulations And Procedure
Article 5 - Administrative Procedure Act
77-503 Application and construction; computing period of time.
77-503a Information not disclosed in public record; when.
77-505 Informal settlements; alternative dispute resolution.
77-506 Conversion of proceedings.
77-508 Hearings, not required in certain circumstances.
77-512 Orders affecting licensure; requirements.
77-513 Hearings, applicable procedures.
77-515 Participation and representation.
77-516 Prehearing conference; notice.
77-517 Prehearing conference; procedure; prehearing order.
77-519 Pleadings, motions, objections, briefs; service.
77-522 Discovery; authorization; requests; subpoenas, discovery orders and protective orders.
77-524 Evidence; official notice.
77-525 Ex parte communications; exemption for certain agencies.
77-526 Orders, initial and final; exception for state corporation commission.
77-527 Review of initial order; exceptions to reviewability.
77-530 Orders, when effective.
77-531 Service of order or notice.
77-533 Conference hearing; use, when.
77-535 Disclosure of material or essential facts.
77-536 Emergency proceedings; use, when; procedure.
77-537 Summary proceedings; use, when; right to request hearing; orders, contents.
77-542 Right to request hearing; statement filed.
77-547 Same; administrative proceedings; agency head, defined.
77-550 Division of property valuation; administrative proceedings; agency head, designation.
77-551 Hearing of state agencies; presiding officer.
77-561 Office of administrative hearings; director; employees.
77-563 Same; officers and employees transferred; benefits and rights.
77-564 Same; conflicts as to power, function or duty to be resolved by governor.
77-565 Same; legal custody of records transferred; no abatement of suits, actions or proceedings.