20 AAC 25.539. Emergency action

(a) The commission will, in its discretion, issue a temporary emergency order without a hearing if necessary to protect against immediate harm to public health or safety. Before issuing a temporary emergency order, the commission will attempt to communicate with the operator about the circumstances and need for a temporary order.

(b) In support of a temporary emergency order, the commission will issue a written decision describing the factual and legal basis for the action, including the necessity for acting on an emergency basis. The commission will provide the decision to the operator within 24 hours of the issuance of the order.

(1) an earlier expiration date is established in that order;

(2) the operator agrees to an extension; or

(3) within that time period the commission begins a hearing under (d) of this section, in which case that order remains in effect for an additional period not to exceed the shorter of 14 days after the date the hearing begins or three working days after the date the hearing ends; the commission will extend that period if necessary to protect against immediate harm to public health or safety.

(d) The commission will, in its discretion, make the temporary emergency order permanent or modify or extend that order after a public hearing. If the temporary emergency order constitutes an enforcement action under 20 AAC 25.535(e) (1) or (2), the procedures under 20 AAC 25.535(b) (4), (c), and (d) do not apply to a commission action under this subsection unless the operator agrees to an extension sufficient to implement those procedures. If the operator does not agree to an extension, the commission's written decision under (b) of this section satisfies the requirements of 20 AAC 25.535(a) and (b)(1) - (3). The provisions of 20 AAC 25.540 apply to a public hearing under this subsection, except that

(1) the commission will provide notice of that hearing at least 10 days before the date of that hearing; and

(2) the requirement in 20 AAC 25.540 that a person request a public hearing does not apply.

History: Eff. 11/7/99, Register 152

Authority: AS 31.05.030

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