(a)

1. (1) If circumstances exist such that the Arkansas State Capitol and Historical Monument Protection Act, Arkansas Code § 22-3-2101 et seq., does not permit removal and relocation of a historical monument without a waiver from the Arkansas History Commission, the procedures for the application and receipt of a waiver from the commission are inapplicable or impractical, and an emergency exists where a historical monument must be removed or relocated quickly to ensure its protection, preservation, care, repair, or restoration, the procedures of a Temporary Waiver on an Emergency Basis shall apply.
2. (2) Under these circumstances, a governmental entity having responsibility for a historical monument may apply for a temporary waiver.

(c) The request:

1. (1) May be made:

   1. (A) In person;
   2. (B) By telephone at (501) 324-9162; or
   3. (C) Through email at:

(i) HistoricalMonumentProtectionAct@arkansas.gov; or

1. (ii) Such other email address as may be designated by the Department of Parks, Heritage, and Tourism from time to time; and

2. (2) Shall include all details necessary to document the basis for the issuance of a temporary waiver.

   1. (d) If the application is time critical, the secretary may verbally grant the temporary waiver to ensure the emergency is addressed on a timely basis but shall require the applicant to submit an application for temporary waiver on an emergency basis per the requirements of 22 CAR § 82-105 as soon as practical thereafter.