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13B.125 Emergency action -- Hearing -- Appeal.
(1)
(2)
(3)
(4)
An agency may take emergency action affecting the legal rights, duties,
privileges or immunities of named persons without a hearing only if duly
authorized by statute to so act. If an agency takes emergency action, the
agency shall conduct an emergency hearing in accordance with the provisions
of this section.
An agency head or an official of an agency duly authorized by law to summarily
act in emergency situations may issue an emergency order to stop, prevent, or
avoid an immediate danger to the public health, safety, or welfare. The
emergency order shall contain findings of fact and conclusions of law upon
which the agency bases the emergency order. The agency shall give notice of
the emergency order to all affected parties as is practicable under the
circumstances, and notice shall be served in the same manner as provided in
KRS 13B.050(2). The emergency order is effective when received by the
affected party or his representative.
Any person required to comply with an emergency order issued under
subsection (2) of this section may request an emergency hearing to determine
the propriety of the order. The agency shall conduct an emergency hearing
within ten (10) working days of the request for hearing. The agency shall give
all affected parties reasonable notice of the hearing and to the extent
practicable shall conduct the hearing in conformity with this chapter. The
hearing on the emergency order may be conducted by a hearing officer
qualified in accordance with KRS 13B.040. Within five (5) working days of
completion of the hearing, the agency or hearing officer shall render a written
decision affirming, modifying, or revoking the emergency order. The emergency
order shall be affirmed if there is substantial evidence of a violation of law
which constitutes an immediate danger to the public health, safety, or welfare.
The decision rendered under subsection (3) of this section shall be a final order
of the agency on the matter, and any party aggrieved by the decision may
appeal to Circuit Court in the same manner as provided in KRS 13B.140.
Effective:July 15, 1996
History: Created 1996 Ky. Acts ch. 318, sec. 12, effective July 15, 1996.
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