Section 17.13.31. Emergency adjudicative proceedings.

       13.31(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 department may issue a written order in compliance with Iowa Code section 17A.18 to suspend a license in whole or in part, order the cessation of any continuing activity, order affirmative action, or take other action within the jurisdiction of the department by emergency adjudicative order. Before issuing an emergency adjudicative order, the department shall consider factors including, but not limited to, the following:

        a.           Whether there has been a sufficient factual investigation to ensure that the department is proceeding on the basis of reliable information;

        b.           Whether the specific circumstances which pose immediate danger to the public health, safety or welfare have been identified and determined 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 department is necessary to avoid the immediate danger.

       13.31(2) Issuance of order.

        a.           An emergency adjudicative order shall contain findings of fact, conclusions of law, and policy reasons to justify the determination of an immediate danger in the department’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 utilizing one or more of the following procedures:

       (1)             Personal delivery;

       (2)             Certified mail, return receipt requested, to the last address on file with the department;

       (3)             Certified mail to the last address on file with the department;

       (4)             First-class mail to the last address on file with the department; or

       (5)             Fax. Fax may be used as the sole method of delivery if the person required to comply with the order has filed a written request that department orders be sent by fax and has provided a fax number for that purpose.

        c.           To the degree practicable, the department shall select the procedure for providing written notice that best ensures prompt, reliable delivery.

       13.31(3) Oral notice. Unless the written emergency adjudicative order is provided by personal delivery on the same day that the order issues, the department shall make reasonable immediate efforts to contact by telephone the persons who are required to comply with the order.

       13.31(4) Completion of proceedings. After the issuance of an emergency adjudicative order, the department shall proceed as quickly as feasible to complete any proceedings that would be required if the matter did not involve an immediate danger.

Issuance of a written emergency adjudicative order shall include notification of the date on which department proceedings are scheduled for completion. After issuance of an emergency adjudicative order, continuance of further department proceedings to a later date will be granted only in compelling circumstances upon application in writing.

[ARC 8489B, IAB 1/27/10, effective 1/7/10]