[ Text of section effective until January 1, 2013. Repealed by 2012, 165, Sec. 66. See 2012, 165, Sec. 137.]

  Section 38I. The commissioner may appoint a designer to perform continued or extended services if the following conditions are met:

  (i) a written statement is filed with the board explaining the reasons for the continuation or extension of services;

  (ii) the program for the design services is filed with the board if one is required by the regulations of the division; and

  (iii) the board approves the appointment of the designer for continued or extended services and states the reason therefor.