Emergency Regulations and Orders of Repeal

(a)The provisions of this Chapter shall not apply to an emergency regulation adopted pursuant to Subsection

(b)of this Section.

(b)If an agency or government entity finds that the adoption of a regulation or repeal of a regulation is necessary to comply with Federal law, the regulation or repeal may be adopted as an emergency regulation or repeal. Any finding of an emergency shall include a description of the specific facts showing the need for immediate action. The statement and the regulation or repeal shall be filed immediately with the Legislative Secretary.

(c)The emergency regulation or order of a repeal shall become effective upon filing or upon any later date specified by the entity in a written instrument filed with, or as a part of the regulation.

(d)No regulation adopted as an emergency regulation shall remain in effect more than one hundred eighty

(180)days.

(e)In the event that an emergency regulation was filed as an amendment to an existing regulation, upon failure of the adopting agency to adopt in accordance with the provisions of this law amendments to the permanent regulation, the regulation as it existed prior to such emergency amendment shall thereupon become effective and after notice to the adopting agency by the Legislative Secretary shall be retained in the place of such emergency amendment. In the event a regulation was originally adopted and filed as an emergency one and the adopting agency fails to comply with the provisions of this Chapter in adopting the regulation as a permanent one, such failure shall constitute a repeal thereof upon the expiration of one hundred eighty

(180)days, and after notice to the adopting agency by the Legislative Secretary, shall be deleted.

(f)A regulation adopted as an emergency regulation, or, an emergency regulation substantially equivalent thereto, shall not be readopted as an emergency regulation. COL11282017 CH. 9 ADMINISTRATIVE ADJUDICATION LAW