55-12-106 - Article 6 -- Rulemaking functions of the Interstate Commission.
55-12-106. Article 6 -- Rulemaking functions of the Interstate Commission.
(1) The Interstate Commission shall promulgate and publish rules in order to effectivelyand efficiently achieve the purposes of the compact.
(2) Rulemaking shall occur pursuant to the criteria set forth in this section and theby-laws and rules adopted pursuant thereto. Rulemaking shall substantially conform to theprinciples of the "Model State Administrative Procedures Act," 1981 Act, Uniform LawsAnnotated, Vol. 15, p.1 (2000), or any other administrative procedures act, as the commissionconsiders appropriate, consistent with due process requirements under the U.S. Constitution asinterpreted by the U. S. Supreme Court. All rules and amendments shall become binding as ofthe date specified, as published with the final version of the rule as approved by the commission.
(3) When promulgating a rule, the commission shall, at a minimum:
(a) publish the proposed rule's entire text stating the reasons for that proposed rule;
(b) allow and invite any and all persons to submit written data, facts, opinions, andarguments, which information shall be added to the record, and be made publicly available;
(c) provide an opportunity for an informal hearing if petitioned by ten or more persons;and
(d) promulgate a final rule and its effective date, if appropriate, based on input from stateor local officials, or interested parties.
(4) Not later than 60 days after a rule is promulgated, the commission shall allow anyinterested person to file a petition in the United States District Court for the District of Columbiaor in the Federal District Court where the commission's principal office is located for judicialreview of the rule. If the court finds that the commission's action is not supported by substantialevidence in the rulemaking record, the court shall hold the rule unlawful and set it aside. Forpurposes of this Subsection (4), evidence is substantial if it would be considered substantialevidence under the Model State Administrative Procedures Act.
(5) If a majority of the legislatures of the compacting states reject a rule, those statesmay, by enactment of a statute or resolution in the same manner used to adopt the compact, statethat the rule shall have no further force and effect in any compacting state.
(6) The existing rules governing the operation of the Interstate Compact on Juvenilessuperceded by this act shall be null and void 12 months after the first meeting of the InterstateCommission created in this chapter.
(7) Upon determination by the Interstate Commission that a state of emergency exists, itmay promulgate an emergency rule which shall become effective immediately upon adoption,provided that the usual rulemaking procedures shall be retroactively applied to the rule as soon asreasonably possible, but no later than 90 days after the effective date of the emergency rule.
Enacted by Chapter 155, 2005 General Session