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Connecticut Public Acts 1996

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Substitute Senate Bill No. 260



Be it enacted by the Senate and House of Representatives in General Assembly convened:

Subsection (f) of section 4-168 of the general statutes is repealed and the following is substituted in lieu thereof:

[If an] (1)AN AGENCY MAY PROCEED TO ADOPT AN EMERGENCY REGULATION IN ACCORDANCE WITH THIS SUBSECTION WITHOUT PRIOR NOTICE OR HEARING OR UPON ANY ABBREVIATED NOTICE AND HEARING THAT IT FINDS PRACTICABLE IF (A) THE agency finds that ADOPTION OF A REGULATION UPON FEWER THAN THIRTY DAYS' NOTICE IS REQUIRED (i) DUE TO an imminent peril to the public health, safety or welfare [requires adoption of a regulation upon fewer than thirty days' notice,] OR (ii) BY THE COMMISSIONER OF ENVIRONMENTAL PROTECTION IN ORDER TO COMPLY WITH THE PROVISIONS OF INTERSTATE FISHERY MANAGEMENT PLANS ADOPTED BY THE ATLANTIC STATES MARINE FISHERIES COMMISSION OR TO MEET UNFORSEEN CIRCUMSTANCES OR EMERGENCIES AFFECTING MARINE RESOURCES, (B) THE AGENCY states in writing its reasons for that finding and (C) the Governor approves such finding in writing, it may proceed without prior notice or hearing or upon any abbreviated notice and hearing that it finds practicable, to adopt an emergency regulation; provided the THE original of such emergency regulation and seventeen copies shall be submitted to the standing legislative regulation review committee in the form prescribed in subsection (b) of section 4-170, together with a statement of the terms or substance of the intended action, the purpose of the action and a reference to the statutory authority under which the action is proposed, not later than ten days, excluding Saturdays, Sundays and holidays, prior to the proposed effective date of such regulation. The committee may approve or disapprove the regulation, in whole or in part, within such ten-day period at a regular meeting, if one is scheduled, or may upon the call of either chairman or any five or more members hold a special meeting for the purpose of approving or disapproving the regulation, in whole or in part. Failure of the committee to act on such regulation within such ten-day period shall be deemed an approval. If the committee disapproves such regulation, in whole or in part, it shall notify the agency of the reasons for its action. An approved regulation, filed in the office of the Secretary of the State, may be effective for a period of not longer than one hundred twenty days renewable once for a period of not exceeding sixty days, provided notification of such sixty-day renewal is filed in the office of the Secretary of the State and a copy is given to the committee, but the adoption of an identical regulation in accordance with the provisions of subsections (a), (b) and (d) of this section is not precluded. If the necessary steps to adopt a permanent regulation, including publication of notice of intent to adopt, preparation and submission of a fiscal note in accordance with the provisions of subsection (b) of section 4-170 and approval by the Attorney General and the standing legislative regulation review committee, are not completed prior to the expiration date of an emergency regulation, the emergency regulation shall cease to be effective on that date.

Approved April 29, 1996. Effective October 1, 1996.