Title 38, Chapter 3, Section 28
( 38-3-28)
(a) The political subdivisions of the state and other agencies
designated or appointed by the Governor are authorized and empowered
to make, amend, and rescind such orders, rules, and regulations as
may be necessary for emergency management purposes and to supplement
the carrying out of Articles 1 through 3 of this chapter, but not
inconsistent with any orders, rules, or regulations promulgated by
the Governor or by any state agency exercising a power delegated to
it by him. (b) All orders, rules, and regulations promulgated by the Governor,
or by any political subdivision or other agency authorized by
Articles 1 through 3 of this chapter to make orders, rules, and
regulations, shall have the full force and effect of law when, in
the event of issuance by the Governor or any state agency, a copy
thereof is filed in the office of the Secretary of State or, if
promulgated by a political subdivision of the state or agency
thereof, when filed in the office of the clerk of the political
subdivision or agency promulgating the same. All laws, ordinances,
rules, and regulations inconsistent with Articles 1 through 3 of
this chapter, or of any order, rule, or regulation issued under the
authority of Articles 1 through 3 of this chapter, shall be
suspended during the period of time and to the extent that the
conflict exists. (c) In order to attain uniformity so far as practicable throughout
the country in measures taken to aid emergency management, all
action taken under Articles 1 through 3 of this chapter and all
orders, rules, and regulations made pursuant thereto shall be taken
or made with due consideration to the orders, rules, regulations,
actions, recommendations, and requests of federal authorities
relevant thereto and, to the extent permitted by law, shall be
consistent with such orders, rules, regulations, actions,
recommendations, and requests. |