| (a) A hearing shall be held either before or after
the issuance of each emergency order, unless all persons affected
by the order waive the right to a hearing. Notice of a hearing to
affirm, modify, or set aside an emergency order shall be given in
accordance with §22.297(d) of this title (relating to Notice
and Opportunity for Hearing).
(b) A hearing to affirm, modify, or set aside an emergency
order under this subchapter is subject to the APA.
(c) In a hearing to affirm, modify, or set aside an
emergency order under this subchapter, the applicant shall be given
the opportunity to:
(1) present evidence under oath;
(2) present rebuttal evidence under oath; and
(3) cross-examine witnesses under oath.
(d) If no hearing is held before the issuance of an
emergency order, the commission or the executive director shall set
a time and place for a hearing to be held before the commission or
SOAH to affirm, modify, or set aside the order as soon as practicable
after the order is issued. For emergency orders issued pursuant to §24.14(a)(2)
or §24.14(a)(3) of this title (relating to Emergency Orders and
Emergency Rates) without a hearing, the order shall set a time and
place for a hearing before the commission or SOAH to affirm, modify,
or set aside the order as soon as practicable after the order is issued.
(e) At a hearing required under this section, or within
a reasonable time after the hearing, the commission shall affirm,
modify, or set aside the emergency order.
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