§ 32 §7093 — Rulemaking

1.
Promulgation.
The commission shall promulgate reasonable rules in order to effectively and efficiently implement and administer the purposes and provisions of the compact. A rule promulgated by the commission is invalid and has no force or effect only if a court of competent jurisdiction holds that the rule is invalid because the commission exercised its rule-making authority in a manner that is beyond the scope and purposes of the compact, or the powers granted under the compact, or based upon another applicable standard of review.
2.
Conflict; laws in member states.
The rules of the commission have the force of law in each member state, except that where the rules of the commission conflict with the laws of a member state that establish the member state's laws, regulations and applicable standards that govern the practice of social work as held by a court of competent jurisdiction, the rules of the commission are ineffective in that state to the extent of the conflict.
3.
Powers.
The commission shall exercise its rule-making powers pursuant to the criteria set forth in this section and the rules adopted under this section. Rules and amendments become binding on the day following adoption or on the date specified in each rule or amendment, whichever is later.
4.
Rule rejection.
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 4 years of the date of adoption of the rule, that rule has no further force and effect in any member state.
5.
Rule adoption procedure.
Rules or amendments to the rules must be adopted at a regular or special meeting of the commission.
6.
Public hearing.
Prior to adoption of a proposed rule, the commission shall hold a public hearing and allow persons to provide oral and written comments, data, facts, opinions and arguments.
7.
Notice of hearing.
Prior to promulgation and adoption of a final rule or rules by the commission, and at least 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:
8.
Notice requirements.
The notice of proposed rulemaking must include:
9.
Final action.
The commission shall, by majority vote of all members, take final action on the proposed rule based on the rule-making record and the full text of the rule.
10.
Emergency rulemaking.
Upon determination that an emergency exists, the commission may consider and adopt an emergency rule with 48 hours' notice, with opportunity to comment, as long as the usual rule-making procedures provided in the compact and in this section are retroactively applied to the rule as soon as reasonably possible, in no event later than 90 days after the effective date of the rule. For the purposes of this subsection, "emergency rule" means a rule that must be adopted immediately in order to:
11.
Rule 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 publicly accessible 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. A challenge must 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 takes effect without further action. If the revision is challenged, the revision may not take effect without the approval of the commission.
12.
Application of member state rules.
A member state's rule-making requirements do not apply under this compact.

Legislative History

PL 2023, c. 674, §1 (NEW).