§ 5-39.2-15. Construction and severability.
(a) This compact and the commission's rulemaking authority shall be liberally construed
in order to effectuate the purposes, and the implementation and administration of
the compact. Provisions of the compact expressly authorizing or requiring the promulgation
of rules shall not be construed to limit the commission's rulemaking authority solely
for those purposes.
(b) The provisions of this compact shall be severable and if any phrase, clause, sentence,
or provision of this compact is held by a court of competent jurisdiction to be contrary
to the cons
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§ 5-39.2-15. Construction and severability.
(a) This compact and the commission's rulemaking authority shall be liberally construed
in order to effectuate the purposes, and the implementation and administration of
the compact. Provisions of the compact expressly authorizing or requiring the promulgation
of rules shall not be construed to limit the commission's rulemaking authority solely
for those purposes.
(b) The provisions of this compact shall be severable and if any phrase, clause, sentence,
or provision of this compact is held by a court of competent jurisdiction to be contrary
to the constitution of any member state, a state seeking participation in the compact,
or of the United States, or the applicability thereof to any government, agency, person,
or circumstance is held to be unconstitutional by a court of competent jurisdiction,
the validity of the remainder of this compact and the applicability thereof to any
other government, agency, person, or circumstance shall not be affected thereby.
(c) Notwithstanding subsection (b) of this section, the commission may deny a state's
participation in the compact or, in accordance with the requirements of § 5-39.2-13(b), terminate a member state's participation in the compact, if it determines that a
constitutional requirement of a member state is a material departure from the compact.
Otherwise, if this compact shall be held to be contrary to the constitution of any
member state, the compact shall remain in full force and effect as to the remaining
member states and in full force and effect as to the member state affected as to all
severable matters.