Revised Code of Washington
Wash. Rev. Code § 34.05.479 (2026)
Emergency adjudicative proceedings
✓ current as of May 2026 Cite as: Wash. Rev. Code § 34.05.479 (2026)
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(1) Unless otherwise provided by law, an agency may use emergency adjudicative proceedings in a situation involving an immediate danger to the public health, safety, or welfare requiring immediate agency action.
(2) The agency may take only such action as is necessary to prevent or avoid the immediate danger to the public health, safety, or welfare that justifies use of emergency adjudication.
(3) The agency shall enter an order, including a brief statement of findings of fact, conclusions of law, and policy reasons for the decision if it is an exercise of the agency's discretion, to justify the determination of an immediate danger and the agency's decision to take the specific action.
(4) The agency shall give such notice as is practicable to persons who are required to comply with the order. The order is effective when entered.
(5) After entering an order under 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.
(6) The agency record consists of any documents regarding the matter that were considered or prepared by the agency. The agency shall maintain these documents as its official record.
(7) Unless otherwise required by a provision of law, the agency record need not constitute the exclusive basis for agency action in emergency adjudicative proceedings or for judicial review thereof.
(8) This section shall not apply to agency action taken pursuant to a provision of law that expressly authorizes the agency to issue a cease and desist order. The agency may proceed, alternatively, under that independent authority.
[ 1988 c 288 s 424.]
Notes:
Designation of persons for emergency adjudications by utilities and transportation commission: RCW 80.01.060.
Notes of Decisions
Cited in 4
cases, 1993–2012 · leading case: San Gerónimo Caribe Project, Inc. v. Acevedo-Vilá
San Gerónimo Caribe Project, Inc. v. Acevedo-Vilá (2012)
“A number of states have enacted centralized emergency procedure provisions similar to that of the model act and the Puerto Rico law.”
Jones v. Department of Health (2007)
“25 RCW 34.05.479 authorizes agencies to use emergency adjudicative actions when there is an immediate danger to the public health.”
Jones v. State (2007)
“[25] RCW 34.05.479 authorizes agencies to use emergency adjudicative actions when there is an immediate danger to the public health.”
Boise Cascade Corp. v. Washington Toxics Coalition (1993)
“3 RCW 34.05.479 sets forth an emergency procedure which may be *454 invoked in situations involving "an immediate danger to the public health, safety, or welfare requiring immediate agency action".”
— Wash. Rev. Code § 34.05.479(1) — 2 cases
San Gerónimo Caribe Project, Inc. v. Acevedo-Vilá (2012)
“A number of states have enacted centralized emergency procedure provisions similar to that of the model act and the Puerto Rico law.”
Boise Cascade Corp. v. Washington Toxics Coalition (1993)
“3 RCW 34.05.479 sets forth an emergency procedure which may be *454 invoked in situations involving "an immediate danger to the public health, safety, or welfare requiring immediate agency action".”
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