LD 1323
pg. 11
Page 10 of 16 An Act To Adopt an Interstate Compact for Juveniles on Probation and Parole ... Page 12 of 16
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LR 1359
Item 1

 
promulgated, an interested person may file a petition in the
United States District Court for the District of Columbia or in
the federal district court where the interstate commission's
principal office is located for judicial review of the rule.__If
the court finds that the interstate commission's action is not
supported by substantial evidence in the rule-making record as
defined in the APA, the court shall hold the rule unlawful and
set it aside.

 
4.__Rule void.__If a majority of the legislatures of the
compacting states rejects a rule by enactment of a statute or
resolution in the same manner used to adopt the compact, then
the rule has no further force and effect in any compacting
state.

 
5.__Existing rules suspended.__The existing rules governing
the operation of the Interstate Compact for Juveniles
superceded by this subchapter are void 12 months after the
first meeting of the interstate commission.

 
6.__Emergency rule.__If the interstate commission determines
that an emergency exists, it may promulgate an emergency rule
that becomes effective immediately upon adoption as long as
the usual rule-making procedures provided under this section
are retroactively applied to the rule as soon as reasonably
possible but not later than 90 days after the effective date
of the emergency rule.

 
§9907.__Oversight, enforcement and dispute resolution by

 
interstate commission -- Article 7

 
1.__Oversight.__The interstate commission shall oversee the
interstate movement of juveniles in the compacting states and
shall monitor activities being administered in noncompacting
states that may significantly affect compacting states.

 
2.__Enforcement.__The courts and executive agencies in each
compacting state shall enforce this compact and shall take all
actions necessary and appropriate to effectuate the compact's
purposes and intent.__The provisions of this compact and the
rules promulgated hereunder must be received by all the
judges, public officers, commissions, and departments of the
state government as evidence of the authorized statute and
administrative rules.__Courts shall take judicial notice of
the compact and the rules.__In any judicial or administrative
proceeding in a compacting state pertaining to the subject
matter of this compact that may affect the powers,
responsibilities or actions of the interstate commission, the
interstate commission is to receive all service of process in
any such proceeding and has standing to intervene in the
proceeding for all purposes.


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