77-536. Emergency proceedings; use, when; procedure.

309 words·~1 min read·/ks/chapter-77/77-536

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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.