§ 3312 — Rulemaking functions of the interstate commission

New York § 3312

• Jurisdiction: New York
• Law EDN: Education
• Title 4: Teachers and Pupils
• Art. 66: Interstate Compact On Educational Opportunity For Military Children

Text

§ 3312. Rulemaking functions of the interstate commission. 1. The\ninterstate commission shall promulgate reasonable rules in order to\neffectively and efficiently achieve the purposes of this compact.\nNotwithstanding the foregoing, in the event the interstate commission\nexercises its rulemaking authority in a manner that is beyond the scope\nof the purposes of this article, or conflicts with the laws of a member\nstate, or the powers granted hereunder, then such an action by the\ninterstate commission shall be invalid and have no force or effect.\n 2. Rules shall be made pursuant to a rulemaking process that\nsubstantially conforms to section two hundred two of the state\nadministrative procedure act as may be appropriate to the operations of\nthe interstate commission.\n 3. Not later than thirty days after a rule is promulgated, any person\nmay file a petition for judicial review of the rule; provided, that the\nfiling of such a petition shall not stay or otherwise prevent the rule\nfrom becoming effective unless the court finds that the petitioner has a\nsubstantial likelihood of success. The court shall give deference to the\nactions of the interstate commission consistent with applicable law and\nshall not find the rule to be unlawful if the rule represents a\nreasonable exercise of the interstate commission's authority.\n 4. If a majority of the legislatures of the compacting states rejects\na rule by enactment of a statute or resolution in the same manner used\nto adopt the compact, then such rule shall have no further force and\neffect in any compacting state.\n