Utah Code 63G-4-502. Emergency adjudicative proceedings

(1)

An agency may issue an order on an emergency basis without complying with the requirements of this chapter if:

Adjudicative proceeding: means an agency action or proceeding described in Section 63G-4-102. See Utah Code 63G-4-103
Agency: means a board, commission, department, division, officer, council, office, committee, bureau, or other administrative unit of this state, including the agency head, agency employees, or other persons acting on behalf of or under the authority of the agency head, but does not mean the Legislature, the courts, the governor, any political subdivision of the state, or any administrative unit of a political subdivision of the state. See Utah Code 63G-4-103
Party: means the agency or other person commencing an adjudicative proceeding, all respondents, all persons permitted by the presiding officer to intervene in the proceeding, and all persons authorized by statute or agency rule to participate as parties in an adjudicative proceeding. See Utah Code 63G-4-103

(a)	the facts known by the agency or presented to the agency show that an immediate and significant danger to the public health, safety, or welfare exists; and

(b)	the threat requires immediate action by the agency.

(2)

In issuing its emergency order, the agency shall:

(a)	limit its order to require only the action necessary to prevent or avoid the danger to the public health, safety, or welfare;

(b)	issue promptly a written order, effective immediately, that includes a brief statement of findings of fact, conclusions of law, and reasons for the agency’s utilization of emergency adjudicative proceedings; and

(c)	give immediate notice to the persons who are required to comply with the order.

(3)	If the emergency order issued under this section will result in the continued infringement or impairment of any legal right or interest of any party, the agency shall commence a formal adjudicative proceeding in accordance with the other provisions of this chapter.

Renumbered and Amended by Chapter 382, 2008 General Session