| | |
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. |
|
| | | §9906.__Rule-making functions of interstate |
|
| | | 1.__Rules.__The interstate commission shall promulgate and | | publish rules in order to effectively and efficiently achieve | | the purposes of the compact. |
|
| | | 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. |
|
| | | All rules and amendments are binding as of the date specified | | in each rule or amendment. |
|
| | | 2.__Promulgation of rules.__When adopting a rule, the | | interstate commission shall: |
|
| | | A.__Publish the proposed rule stating with particularity | | the text of the proposed rule and the reason for the | | proposed rule; |
|
| | | B.__Allow persons to submit written data, facts, opinions | | and arguments, which must be added to the record and made | | publicly available; |
|
| | | C.__Provide an opportunity for an informal hearing, if | | petitioned by 10 or more persons; and |
|
| | | 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. |
|
| | | 3.__Rule review.__No later than 60 days after a rule is |
|
|