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occurred within the scope of interstate commission | employment, duties or responsibilities or that such persons | had a reasonable basis for believing occurred within the | scope of interstate commission employment, duties or | responsibilities, if the actual or alleged act, error or | omission did not result from intentional or willful and | wanton misconduct on the part of such persons. |
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| §9906.__Rule-making functions of interstate |
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| | 1.__Rules.__The interstate commission shall promulgate and | publish rules in order to effectively and efficiently achieve | the purposes of the compact. |
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| Rulemaking must occur pursuant to the criteria set forth in | this section and the bylaws and rules adopted pursuant to this | section.__The rulemaking must substantially conform to the | principles of the federal Administrative Procedure Act, 5 | United States Code, Section 551 et seq. and the federal | Advisory Committee Act, 5 United States Code App. 2 Section 1 | et seq., as may be amended, referred to in this subchapter as | "the APA," or other administrative procedures act the | interstate commission determines appropriate consistent with | due process requirements under the United States Constitution | as now or hereafter interpreted by the United States Supreme | Court. |
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| All rules and amendments are binding as of the date specified | in each rule or amendment. |
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| | 2.__Promulgation of rules.__When adopting a rule, the | interstate commission shall: |
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| A.__Publish the proposed rule stating with particularity | the text of the proposed rule and the reason for the | proposed rule; |
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| B.__Allow persons to submit written data, facts, opinions | and arguments, which must be added to the record and made | publicly available; |
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| C.__Provide an opportunity for an informal hearing, if | petitioned by 10 or more persons; and |
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| D.__Promulgate a final rule and its effective date, if | appropriate, based on the rule-making record, including | input from state or local officials and other interested | parties. |
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| | 3.__Rule review.__No later than 60 days after a rule is |
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