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