Rules and orders; hearing

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27-656. Rules and orders; hearing

A. The commission shall adopt rules necessary for the proper administration and enforcement of this article.

B. The commission shall comply with title 41, chapter 6 in adopting, modifying, renewing or extending rules under this article.

C. Any order, or change, renewal or extension of an order, except as otherwise provided by this article, shall be made in compliance with title 41, chapter 6, article 10.

D. If the commission makes a finding that an order is necessary as an emergency measure, the order may be made without first complying with the notice and hearing requirements prescribed by title 41, chapter 6, article 10. All affected persons shall be notified of the emergency order. If oral notice is given, it shall be followed by immediate written notice. The emergency order shall be valid for thirty days from its effective date. The effective date is the date affected persons receive the order by oral or written communication, whichever occurs first. The commission shall hold a hearing within ten days after the effective date of the emergency order. Unless otherwise provided in this section, the hearing shall be conducted in compliance with title 41, chapter 6, article 10. Any order made at the hearing shall expressly repeal the emergency order. For purposes of this subsection, " emergency" means a situation which requires an order without compliance with the notice provisions prescribed in title 41, chapter 6, article 10 because the order is necessary for immediate preservation of the public safety, welfare, natural resources or property and the notice and hearing requirements are impracticable.


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