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Sec. 44.62.260. Limitation on effective period of emergency regulations.

Go back to: Alaska statutes
Go back to: Title 44. State Government.
Go back to: Chapter 62. Administrative Procedure Act.

Sec. 44.62.260. Limitation on effective period of emergency regulations.
 (a) Except as provided in (c) of this section, a regulation adopted as an emergency regulation does not remain in effect more than 120 days unless the adopting agency complies with AS 44.62.040(c), 44.62.060, and 44.62.190 — 44.62.215 either before submitting the regulation to the lieutenant governor or during the 120-day period.

 (b) Except as provided in (c) of this section, before the expiration of the 120-day period, the agency shall transmit to the lieutenant governor for filing a certification that AS 44.62.040(c), 44.62.060, and 44.62.190 — 44.62.215 were complied with before submitting the regulation to the lieutenant governor, or that the agency complied with those sections within the 120-day period. Failure to so certify repeals the emergency regulation; it may not be renewed or refiled as an emergency regulation.

 (c) A substance scheduled by the attorney general by emergency regulation under AS 11.71.125 will remain on the schedule under the emergency regulation for a period not to exceed 1,095 days unless the legislature schedules the substance by law or annuls the regulation by law.

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