13B.125 Emergency action -- Hearing -- Appeal.

346 words·~2 min read·/ky/chapter-13b/13b-125

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

(1)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.

(2)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.

(3)Any person required to comply with an emergency order issued under subsection

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.

(4)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.