Utah Admin. Code R649-10-6 - Emergency Orders

Notwithstanding the other provisions of this rule, the director or any member of the board is authorized to issue an emergency order without notice and hearing in accordance with Section 40-6-10. The emergency order shall remain in effect no longer than until the next regular meeting of the board, or such shorter period of time as shall be prescribed by statute.

1. An emergency order may be issued if:

1.1. the facts known by or presented to the director or board member are supported by affidavit to show that an immediate and significant danger of waste occurring or other immediate and significant danger to the public health, safety, or welfare exists; and

1.2. the threat requires immediate action by the director or board member.

2. Limitations. In issuing its emergency order, the director or board member shall:

2.1. Limit its order to require only the action necessary to prevent or avoid the immediate and significant danger of waste occurring or other immediate and significant danger to the public health, safety, or welfare;

2.2. 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;

2.3. Give immediate notice to the persons who are required to comply with the order; and

2.4. 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 division shall commence a formal adjudicative proceeding in accordance with the procedural rules of the board.

Notes

Utah Admin. Code R649-10-6

Amended by Utah State Bulletin Number 2021-12, effective 5/27/2021