§ 25-27-2-9 — Rulemaking; notice of proposed rulemaking; public hearing

RULEMAKING
(a) The Commission shall exercise its rulemaking powers pursuant
to the criteria set forth in this Section and the rules adopted thereunder.
Rules and amendments shall become binding as of the date specified
in each rule or amendment.
(b) 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 within four (4) years of the date of adoption of
the rule, then such rule shall have no further force and effect in any
member state.
(c) Rules or amendments to the rules shall be adopted at a regular
or special meeting of the Commission.
(d) Prior to promulgation and adoption of a final rule or rules by the
Commission, and at least thirty (30) days in advance of the meeting at
which the rule will be considered and voted upon, the Commission
shall file a Notice of Proposed Rulemaking:
(1) on the web site of the Commission or other publicly accessible
platform; and
(2) on the web site of each member state physical therapy
licensing board or other publicly accessible platform or the
publication in which each state would otherwise publish proposed
rules.
(e) The notice of proposed rulemaking shall include:
(1) the proposed time, date, and location of the meeting in which
the rule will be considered and voted upon;
(2) the text of the proposed rule or amendment and the reason for
the proposed rule;
(3) a request for comments on the proposed rule from any
interested person; and
(4) the manner in which interested persons may submit notice to
the Commission of their intention to attend the public hearing and
any written comments.
(f) Prior to adoption of a proposed rule, the Commission shall allow
persons to submit written data, facts, opinions, and arguments, which
shall be made available to the public.
(g) The Commission shall grant an opportunity for a public hearing
before it adopts a rule or amendment if a hearing is requested by:
(1) at least twenty-five (25) persons;
(2) a state or federal governmental subdivision or agency; or
(3) an association having at least twenty-five (25) members.
(h) If a hearing is held on the proposed rule or amendment, the
Commission shall publish the place, time, and date of the scheduled
public hearing. If the hearing is held via electronic means, the
Commission shall publish the mechanism for access to the electronic
hearing.
(1) All persons wishing to be heard at the hearing shall notify the
executive director of the Commission or other designated member
in writing of their desire to appear and testify at the hearing not
less than five (5) business days before the scheduled date of the
hearing.
(2) Hearings shall be conducted in a manner providing each
person who wishes to comment a fair and reasonable opportunity
to comment orally or in writing.
(3) All hearings will be recorded. A copy of the recording will be
made available on request.
(4) Nothing in this section shall be construed as requiring a
separate hearing on each rule. Rules may be grouped for the
convenience of the Commission at hearings required by this
section.
(i) Following the scheduled hearing date, or by the close of business
on the scheduled hearing date if the hearing was not held, the
Commission shall consider all written and oral comments received.
(j) If no written notice of intent to attend the public hearing by
interested parties is received, the Commission may proceed with
promulgation of the proposed rule without a public hearing.
(k) The Commission shall, by majority vote of all members, take
final action on the proposed rule and shall determine the effective date
of the rule, if any, based on the rulemaking record and the full text of
the rule.
(l) Upon determination that an emergency exists, the Commission
may consider and adopt an emergency rule without prior notice,
opportunity for comment, or hearing, provided that the usual
rulemaking procedures provided in the Compact and in this section
shall be retroactively applied to the rule as soon as reasonably possible,
in no event later than ninety (90) days after the effective date of the
rule. For the purposes of this provision, an emergency rule is one that
must be adopted immediately in order to:
(1) meet an imminent threat to public health, safety, or welfare;
(2) prevent a loss of Commission or member state funds;
(3) meet a deadline for the promulgation of an administrative rule
that is established by federal law or rule; or
(4) protect public health and safety.
(m) The Commission or an authorized committee of the
Commission may direct revisions to a previously adopted rule or
amendment for purposes of correcting typographical errors, errors in
format, errors in consistency, or grammatical errors. Public notice of
any revisions shall be posted on the web site of the Commission. The
revision shall be subject to challenge by any person for a period of
thirty (30) days after posting. The revision may be challenged only on
grounds that the revision results in a material change to a rule. A
challenge shall be made in writing, and delivered to the chair of the
Commission prior to the end of the notice period. If no challenge is
made, the revision will take effect without further action. If the revision
is challenged, the revision may not take effect without the approval of
the Commission.

Legislative History

As added by P.L.196-2021, SEC.17.