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.
(Added to NRS by 2020, 32nd Special Session, 81)