§ 20-21-312 - Administrative proceedings.
20-21-312. Administrative proceedings.
(a) In any of the proceedings under this subchapter, the State Electronic Product Control Agency shall afford an opportunity for a hearing on the record upon the request of any person whose interest may be affected by the proceeding and shall admit the person as a party to the proceeding:
(1) For the issuance or modification of rules and regulations relating to radiation from electronic products;
(2) For granting, suspending, revoking, or amending any license; or
(3) For determining compliance with or granting exceptions from rules and regulations of the agency.
(b) (1) Whenever the agency finds that an emergency exists requiring immediate action to protect the public health and safety, the agency, without notice or hearing, may issue a regulation or order reciting the existence of an emergency and requiring that such action be taken as is necessary to meet the emergency.
(2) Notwithstanding any provision of this subchapter, the regulation or order shall be effective immediately.
(3) Any person to whom the regulation or order is directed shall comply with the regulation or order immediately but, on application to the agency within ten (10) days, shall be afforded a hearing within thirty (30) days.
(4) On the basis of the hearing, the emergency regulation or order shall be continued, modified, or revoked within thirty (30) days after the hearing.
(c) Any final order entered in any proceeding under this section may be appealed to the Pulaski County Circuit Court within twenty (20) days from the date of receipt of the order.