Idaho Code
Idaho Code § 67-5247 (2026)
Emergency proceedings.
✓ current as of May 2026
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Emergency proceedings.
(1) An agency may act through an emergency proceeding in a situation involving an immediate danger to the public health, safety, or welfare requiring immediate agency action. The agency shall take only such actions as are necessary to prevent or avoid the immediate danger that justifies the use of emergency contested cases.
(2) The agency shall issue an order, including a brief, reasoned statement to justify both the decision that an immediate danger exists and the decision to take the specific action. When appropriate, the order shall include findings of fact and conclusions of law.
(3) The agency shall give such notice as is reasonable to persons who are required to comply with the order. The order is effective when issued.
(4) After issuing an order pursuant to this section, the agency shall proceed as quickly as feasible to complete any proceedings that would be required if the matter did not involve an immediate danger.
(5) Unless otherwise required by a provision of law, the agency record need not constitute the exclusive basis for agency action in emergency contested cases or for judicial review thereof.
(6) No order issued pursuant to this section shall be effective for longer than one hundred twenty (120) days or until the effective date of any final order issued following the proceedings described in subsection (4) of this section, whichever is earlier.
Notes of Decisions
Cited in 3
cases, 2007–2012 · leading case: Kuna Boxing Club, Inc. v. Idaho Lottery Comm'n, 233 P.3d 25 (Idaho 2009).
Kuna Boxing Club, Inc. v. Idaho Lottery Comm'n, 233 P.3d 25 (Idaho 2009). “Idaho Code § 67-5247 (1) governs an agency’s power to act through an emergency proceeding, which provides the following: An agency may act through an emergency proceeding in a situation involving an immediate danger to the public health, safety, or welfare requiring immediate…”
Am. Falls Reservoir Dist. No. 2 v. Idaho Dep't of Water Resources, 154 P.3d 433 (Idaho 2007). “The Director made the Order effective immediately pursuant to I.C. § 67-5247 (Emergency Proceedings), ordering juniors to provide “replacement” water in sufficient quantities to offset depletions in American Falls’ water supplies.”
San Gerónimo Caribe Proj., Inc. v. Acevedo-Vilá, 687 F.3d 465 (1st Cir. 2012). “Act, § 4-501(a). A number of states have enacted centralized emergency procedure provisions similar to that of the model act and the Puerto Rico law.”
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