§ 5-48.3-10. Rulemaking.
(a) The commission shall exercise its rulemaking powers pursuant to the criteria set forth
in this chapter and the rules adopted thereunder. Rules and amendments shall become
binding as of the date specified in each rule or amendment.
(b) 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 four
(4) years of the date of adoption of the rule, the rule shall have no further force
and effect in any member state.
(c) Rules or amendments to the rules shall be adopted at a regular or special meeting
of the commission.
(d) Prior to promulgation and adoption of a final rule or rules by the commission, and
at least thirty (30) days in advance of the meeting at which the rule shall be considered
and voted upon, the commission shall file a notice of proposed rulemaking:
(1) On the website of the commission or other publicly accessible platform; and
(2) On the website of each member state audiology or speech-language pathology licensing
board or other publicly accessible platform or the publication in which each state
would otherwise publish proposed rules.
(e) The notice of proposed rulemaking shall include:
(1) The proposed time, date, and location of the meeting in which the rule shall be considered
and voted upon;
(2) The text of the proposed rule or amendment and the reason for the proposed rule;
(3) A request for comments on the proposed rule from any interested person; and
(4) The manner in which interested persons may submit notice to the commission of their
intention to attend the public hearing and any written comments.
(f) Prior to the adoption of a proposed rule, the commission shall allow persons to submit
written data, facts, opinions, and arguments, which shall be made available to the
public.
(g) The commission shall grant an opportunity for a public hearing before it adopts a
rule or amendment if a hearing is requested by:
(1) At least twenty-five (25) persons;
(2) A state or federal governmental subdivision or agency; or
(3) An association having at least twenty-five (25) members.
(h) 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. If the hearing is held
via electronic means, the commission shall publish the mechanism for access to the
electronic hearing.
(1) All persons wishing to be heard at the hearing shall notify the executive director
of the commission or other designated member in writing of their desire to appear
and testify at the hearing not less than five (5) business days before the scheduled
date of the hearing.
(2) Hearings shall be conducted in a manner providing each person who wishes to comment
a fair and reasonable opportunity to comment orally or in writing.
(3) All hearings shall be recorded. A copy of the recording shall be made available on
request.
(4) Nothing in this section shall be construed as requiring a separate hearing on each
rule. Rules may be grouped for the convenience of the commission at hearings required
by this section.
(i) 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.
(j) 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.
(k) 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 rulemaking
record and the full text of the rule.
(l) Upon determination that an emergency exists, the commission may consider and adopt
an emergency rule without prior notice, opportunity for comment, or hearing; provided
that, the usual rulemaking procedures provided in the compact and in this section
shall be retroactively applied to the rule as soon as reasonably possible, in no event
later than ninety (90) days after the effective date of the rule. For the purposes
of this provision, an emergency rule is one that shall be adopted immediately in order
to:
(1) Meet an imminent threat to public health, safety, or welfare;
(2) Prevent a loss of commission or member state funds; or
(3) Meet a deadline for the promulgation of an administrative rule that is established
by federal law or rule.
(m) 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 shall be posted on the website of the commission. The revision shall be
subject to challenge by any person for a period of thirty (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 shall 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 shall take effect without further action. If the revision is challenged,
the revision may not take effect without the approval of the commission.