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• iii iiiiiiiiiiiii iii • <br />~- ~- r2~-~~~ <br />• ~-a-~~ <br />due regard for the convenience of the parties or their repre- <br />sentatives, giving precedence to rehearing proceedings after <br />remand by court order. Prompt notice shall be given of the <br />refusal to accept for filing or the denial in whole or in part of <br />any written application or other request made in connection with <br />any agency proceeding or action, with a statement of the grounds <br />therefor. Upon application made to any court of competent juris- <br />diction by a party to any agency proceeding or by a person <br />adversely affected by agency action and a showing to the court <br />that there has been undue delay in connection with such proceed- <br />ing or action, the court may direct the agency to decide the mat- <br />ter promptly. <br />(11) Every agency shall provide by <br />rule for the entertaining, in its sound discretion, and prompt <br />disposition of petitions for declaratory orders to terminate con- <br />troversies or to remove uncertainties as to the applicability to <br />the petitioners of any statutory provision or of any rule or <br />order of the agency. The order disposing of the petition shall <br />constitute agency action subject to judicial review. <br />(12) Nothing in this article shall <br />affect statutory powers of an agency to issue an emergency order <br />where the agency finds and states of record the reasons for so <br />finding that immediate issuance of the order is imperatively <br />necessary for the preservation of public health, safety, or wel- <br />fare and observance of the requirements of this section would be <br />contrary to the public interest. Any person against whom an <br />emergency order is issued, who would otherwise be entitled to a <br />hearing pursuant to this section, shall be entitled ug~on request <br />to an immediate hearing in accordance with this article, in which <br />proceeding the agency shall be deemed the proponent of the order. <br />(13) The administrative law judge or <br />the hearing officer shall cause the proceedings to be recorded by <br />a reporter or by an electronic recording device. When required, <br />the administrative law judge or the hearing officer shall cause <br />the proceedings, or any portion thereof, to be transcr.~bed, the <br />cost thereof to be paid by the agency when it orders the tran- <br />scription or by any party seeking to reverse or modify an initial <br />decision of the administrative law judge cr the hearing officer. <br />If the agency acquires a copy of the transcription of i;he pro- <br />ceedings, its cogy of the transcription shall be made eavailable <br />to any party at reasonable times for inspection and study. <br />(14) For the purpose of a decision <br />by an agency which conducts a hearing or an initial decision by <br />an administrative law judge or a hearing officer, the record <br />shall include: All pleadings, applications, evidence, eexhibits, <br />. and other papers pres~'h~ed---ar_con-s~er-e~, martPr~ ~ffs.c:ially <br />- - ___ <br />.\ <br />