Indiana § 20-38-3-12 Rulemaking functions of commission

Indiana Statutes

§ 20-38-3-12 — Rulemaking functions of commission

Indiana·Title 20 EDUCATION·Art. 38 EDUCATIONAL COMPACTS·Ch. 3 Interstate Compact on Educational Opportunity for

ARTICLE XII. RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION

A.The interstate commission shall adopt reasonable rules to effectively and efficiently achieve the purposes of this compact. However, if the interstate commission exercises its rulemaking authority in a manner that is beyond the scope of the purposes of or power granted under this compact, the action by the interstate commission is invalid and has no force or effect.

B.Rules shall be made under a rulemaking process that substantially conforms to the "Model State Administrative Procedure Act," of 1981 Act, Uniform Laws Annotated, Vol. 15, p. 1 (2000) as amended, as may be appropriate to the operations of the interstate commission.

C.Not later than thirty (30) days after a rule is adopted, a person may file a petition for jud

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ARTICLE XII. RULEMAKING
FUNCTIONS OF THE INTERSTATE COMMISSION
A. The interstate commission shall adopt reasonable rules to
effectively and efficiently achieve the purposes of this compact.
However, if the interstate commission exercises its rulemaking
authority in a manner that is beyond the scope of the purposes of or
power granted under this compact, the action by the interstate
commission is invalid and has no force or effect.
B. Rules shall be made under a rulemaking process that
substantially conforms to the "Model State Administrative Procedure
Act," of 1981 Act, Uniform Laws Annotated, Vol. 15, p. 1 (2000) as
amended, as may be appropriate to the operations of the interstate
commission.
C. Not later than thirty (30) days after a rule is adopted, a person
may file a petition for judicial review of the rule. However, the filing
of a petition does not stay or otherwise prevent the rule from becoming
effective unless a court finds that the petitioner has a substantial
likelihood of success. The court shall defer to the actions of the
interstate commission consistent with applicable law and shall not find
the rule to be unlawful if the rule represents a reasonable exercise of
the interstate commission's authority.
D. If a majority of the legislatures of the member states rejects a rule
by enactment of a statute or resolution in the same manner used to
adopt the compact, the rule has no further force and effect in any
compacting state.