Current through Register Vol. 47, No. 13, December 25, 2024
(1)
Necessary emergency
action. To the extent necessary to prevent or avoid immediate danger
to the public health, safety, or welfare, and consistent with the Constitution
and other provisions of law, the commission may issue an emergency adjudicative
order in compliance with Iowa Code section
17A.18A to order the cessation
of any continuing activity, order affirmative action, or take other action
within the jurisdiction of the agency. Before issuing an emergency adjudicative
order, the commission may consider factors including, but not limited to, the
following:
a. Whether there has been a
sufficient factual investigation to provide reasonably reliable information
under the circumstances;
b. Whether
the specific circumstances that pose immediate danger to the public health,
safety, or welfare are likely to be continuing;
c. Whether the person required to comply with
the emergency adjudicative order may continue to engage in other activities
without posing immediate danger to the public health, safety, or
welfare;
d. Whether imposition of
monitoring requirements or other interim safeguards would be sufficient to
protect the public health, safety, or welfare; and
e. Whether the specific action contemplated
by the commission is necessary to avoid the immediate danger.
(2)
Issuance of
order.
a. An emergency adjudicative
order shall contain findings of fact, conclusions of law, and policy reasons
for the decision if it is an exercise of the commission's discretion, to
justify the determination of an immediate danger and the commission's decision
to take immediate action.
b. The
written emergency adjudicative order shall be immediately delivered to persons
who are required to comply with the order by the most reasonably available
method, which may include one or more of the following methods: notice through
the electronic filing system; personal delivery; certified mail; first-class
mail; fax; or email. To the degree practical, the commission shall select the
method or methods most likely to result in prompt, reliable delivery.
c. Unless the written emergency adjudicative
order is delivered by personal service on the day issued, the commission shall
make reasonable efforts to contact the persons who are required to comply with
the order by telephone, in person, or otherwise.
(3)
Completion of
proceedings. Issuance and delivery of a written emergency adjudicative
order will normally include notification of a procedural schedule for
completion of the proceedings.