LD 1323
pg. 11
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LR 1359
Item 1

 
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
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the operation of the Interstate Compact for Juveniles superceded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


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