Nevada § 612.242 - Emergency regulations

§ 612.242. Emergency regulations

1. If the Administrator determines that an emergency exists, the Administrator shall

submit to the Governor a written statement of the emergency which sets forth the reasons

for the determination. If the Governor endorses the statement of the emergency by written endorsement at

the end of the full text of the statement of emergency on the original copy of a proposed

regulation and the proposed regulation is consistent with federal law, the regulation

may be adopted. If the Administrator adopts the regulation, the Administrator shall submit the adopted

emergency regulation to the Legislative Counsel for transmission to the Legislative

Commission to determine whether the emergency regulation is consistent with federal

law, conforms to statutory authority and carries out the intent of the Legislature

in granting that authority. The statement of the emergency endorsed by the Governor must be included as a part

of the regulation for all purposes. 2. If practicable, the Administrator shall, not later than 9 a.m. on the first working

day before the date on which the emergency regulation is submitted to the Legislative

Counsel pursuant to subsection 1, make the emergency regulation available to the public

by: (a) Providing a copy of the emergency regulation to a member of the public upon request;

and (b) Making a copy of the emergency regulation available on its website on the Internet,

if any. 3. If practicable, the Administrator shall, not later than 9 a.m. on the first working

day before the date of any hearing at which the agency considers the emergency regulation,

make the version of the proposed emergency regulation that will be considered at the

hearing available to the public by: (a) Providing a copy of the proposed emergency regulation to a member of the public

upon request; and (b) Making a copy of the proposed emergency regulation available on its website on

the Internet, if any. 4. The Legislative Commission has 15 days after the submission of an emergency regulation

to the Legislative Counsel by the Administrator pursuant to subsection 1 to consider

the emergency regulation. If the Legislative Commission: (a) Does not consider the emergency regulation during the 15-day period, the emergency

regulation is deemed approved and the Legislative Counsel shall promptly file the

emergency regulation with the Secretary of State and notify the Administrator of the

filing. (b) Considers the emergency regulation during the 15-day period and: (1) Approves the emergency regulation, the Legislative Counsel shall promptly file

the emergency regulation with the Secretary of State and notify the Administrator

of the filing. (2) Objects to the emergency regulation after finding that the emergency regulation

is not consistent with federal law or does not conform to statutory authority or carry

out legislative intent, the Legislative Counsel shall attach to the emergency regulation

a written notice of the objection and shall promptly return the emergency regulation

to the Administrator. An emergency regulation returned to the Administrator pursuant to this subparagraph

or any substantially identical regulation does not become effective until the regulation,

including any amendment to the regulation determined to be necessary by the Administrator

to address the objection of the Legislative Commission, is approved by the Legislative

Commission at a subsequent meeting. 5. An emergency regulation adopted pursuant to this section becomes effective when

the Legislative Counsel files with the Secretary of State the original of the final

draft or revision of the emergency regulation, together with the informational statement

prepared pursuant to NRS 233B.066 . The Secretary of State shall maintain the original of the final draft or revision

of each such emergency regulation in a permanent file to be used only for the preparation

of official copies. 6. A regulation adopted pursuant to this section may be effective for a period of

not longer than 120 days. 7. A regulation may be adopted by this emergency procedure more than once by the Administrator. 8. If the Administrator adopts, after providing notice and the opportunity for a hearing

as required in chapter 233B of NRS , a permanent or temporary regulation which becomes effective and is substantially

identical to an effective emergency regulation, the emergency regulation expires automatically

on the effective date of the temporary or permanent regulation.