§ 34-A §9878 — Rule-making functions of interstate commission--Article 8

Maine § 34-A §9878

• Jurisdiction: Maine
• Title 34-A: CORRECTIONS
• Ch. 9: INTERSTATE COMPACTS

Text

1.
Rules.
The interstate commission shall promulgate rules in order to effectively and efficiently achieve the purposes of the compact, including transitional rules governing administration of the compact during the period in which it is being considered and enacted by the state.
2.
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 effect in any compacting state.
3.
Promulgation of rules.
When promulgating a rule, the interstate commission shall:
4.
Rule review.
Not 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, as defined in the APA, in the rule-making record, the court shall hold the rule unlawful and set it aside.
5.
Subjects to be addressed.
Subjects to be addressed within 12 months after the first meeting must, at a minimum, include:
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 but no later than 90 days after the effective date of the rule.

Legislative History

PL 2003, c. 495, §1 (NEW).