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| 5.__Existing rules suspended.__The existing rules governing | | the operation of the Interstate Compact for Juveniles superceded | | by this subchapter are void 12 months after the first meeting of | | the interstate commission.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