LD 311
pg. 11
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LR 8
Item 1

 
through its bylaws and rules that must specify the data to be
collected, the means of collection and data exchange and reporting
requirements.

 
§9878.__Rule-making functions of interstate commission--

 
Article 8

 
1.__Rules.__The interstate commission shall promulgate rules
in order to effectively and efficiently achieve the purposes of
the compact, including transitional rules governing
administration of the compact during the period in which it is
being considered and enacted by the state.

 
Rulemaking must occur pursuant to the criteria set forth in this
section and rules promulgated 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."

 
All rules and amendments are binding on the date specified in
each rule or amendment.

 
2.__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 effect in any compacting state.

 
3.__Promulgation of rules.__When promulgating 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 information must be publicly available;

 
C.__Provide an opportunity for an informal hearing; and

 
D.__Promulgate a final rule and its effective date, if
appropriate, based on the rule-making record.

 
4.__Rule review.__Not later than 60 days after a rule is
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


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