1.Authority to adopt rules.
The commission may exercise its rule-making powers pursuant to the criteria set forth in this subchapter and the rules promulgated by the commission. Rules and amendments are binding as of the date specified in each rule or amendment.
2.Rejection of rule.
If a majority of the legislatures of the compact states rejects a rule by enactment of a statute or resolution in the same manner used to adopt the compact, then such rule has no further force and effect in any compact state.
3.Adoption required at regular or special meetings.
Rules or amendments to the rules must be adopted at a regular or special meeting of the commission.
4.Notice of rulemaking.
Prior to promulgation and adoption of a final rule or rules by the commission, and at least 60 days in advance
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1.
Authority to adopt rules.
The commission may exercise its rule-making powers pursuant to the criteria set forth in this subchapter and the rules promulgated by the commission. Rules and amendments are binding as of the date specified in each rule or amendment.
2.
Rejection of rule.
If a majority of the legislatures of the compact states rejects a rule by enactment of a statute or resolution in the same manner used to adopt the compact, then such rule has no further force and effect in any compact state.
3.
Adoption required at regular or special meetings.
Rules or amendments to the rules must be adopted at a regular or special meeting of the commission.
4.
Notice of rulemaking.
Prior to promulgation and adoption of a final rule or rules by the commission, and at least 60 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:
5.
Public hearing.
The commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by:
6.
Notice of public hearing.
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.
7.
Written comments.
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.
8.
Final action.
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 rule-making record and the full text of the rule.
9.
Adoption of rule without hearing.
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.
10.
Emergency rules.
Upon determination that an emergency exists, the commission may consider and adopt an emergency rule without prior notice, opportunity for comment or hearing. The usual rule-making procedures provided in the compact and in this section must be retroactively applied to the rule as soon as reasonably possible and in no event later than 90 days after the effective date of the rule. For the purposes of this subsection, an emergency rule is one that must be adopted immediately in order to:
11.
Revisions.
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 must be posted on the website of the commission. The revision is subject to challenge by any person for a period of 30 days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule.