§ 5-64.2-11. Rulemaking.
(a) The compact commission shall promulgate reasonable rules in order to effectively and
efficiently implement and administer the purposes and provisions of the chapter. A
rule shall be invalid and have no force or effect only if a court of competent jurisdiction
holds that the rule is invalid because the compact commission exercised its rulemaking
authority in a manner that is beyond the scope and purposes of the compact, or the
powers granted hereunder, or based upon another applicable standard of review.
(b) The rules of the compact commission shall have the force of law in each member state;
provided, however that, where the rules conflict with the laws or regulations of a
member state that relate to the procedures, actions, and processes a licensed dietitian
is permitted to undertake in that state and the circumstances under which they may
do so, as held by a court of competent jurisdiction, the rules of the compact commission
shall be ineffective in that state to the extent of the conflict.
(c) The compact commission shall exercise its rulemaking powers pursuant to the criteria
set forth in this section and the rules adopted thereunder. Rules shall become binding
on the day following adoption or as of the date specified in the rule or amendment,
whichever is later.
(d) If a majority of the legislatures of the member states rejects a rule or portion of
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, then such rule
shall have no further force and effect in any member state.
(e) Rules shall be adopted at a regular or special meeting of the compact commission.
(f) Prior to adoption of a proposed rule, the compact commission shall hold a public hearing
and allow persons to provide oral and written comments, data, facts, opinions, and
arguments.
(g) Prior to adoption of a proposed rule by the compact commission, and at least thirty
(30) days in advance of the meeting at which the compact commission will hold a public
hearing on the proposed rule, the compact commission shall provide a notice of proposed
rulemaking:
(1) On the website of the compact commission or other publicly accessible platform;
(2) To persons who have requested notice of the compact commission's notices of proposed
rulemaking; and
(3) In such other way(s) as the compact commission may by rule specify.
(h) The notice of proposed rulemaking shall include:
(1) The time, date, and location of the public hearing at which the compact commission
will hear public comments on the proposed rule and, if different, the time, date,
and location of the meeting where the compact commission will consider and vote on
the proposed rule;
(2) If the hearing is held via telecommunication, video conference, or other means of
communication, the compact commission shall include the mechanism for access to the
hearing in the notice of proposed rulemaking;
(3) The text of the proposed rule and the reason therefore;
(4) A request for comments on the proposed rule from any interested person; and
(5) The manner in which interested persons may submit written comments.
(i) All hearings will be recorded. A copy of the recording and all written comments and
documents received by the compact commission in response to the proposed rule shall
be available to the public.
(j) Nothing in this section shall be construed as requiring a separate hearing on each
rule. Rules may be grouped for the convenience of the compact commission at hearings
required by this section.
(k) The compact commission shall, by majority vote of all members, take final action on
the proposed rule based on the rulemaking record and the full text of the rule.
(1) The compact commission may adopt changes to the proposed rule provided the changes
do not enlarge the original purpose of the proposed rule.
(2) The compact commission shall provide an explanation of the reasons for substantive
changes made to the proposed rule as well as reasons for substantive changes not made
that were recommended by commenters.
(3) The compact commission shall determine a reasonable effective date for the rule. Except
for an emergency as provided in subsection (l) of this section, the effective date of the rule shall be no sooner than thirty (30)
days after issuing the notice that it adopted or amended the rule.
(l) Upon determination that an emergency exists, the compact commission may consider and
adopt an emergency rule with twenty-four (24) hours' notice, with opportunity to comment;
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 must be adopted immediately
in order to:
(1) Meet an imminent threat to public health, safety, or welfare;
(2) Prevent a loss of compact commission or member state funds;
(3) Meet a deadline for the promulgation of a rule that is established by federal law
or rule; or
(4) Protect public health and safety.
(m) The compact commission or an authorized committee of the compact commission may direct
revision to a previously adopted rule for purposes of correcting typographical errors,
errors in format, errors in consistency, or grammatical errors. Public notice of any
revision shall be posted on the website of the compact 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 compact
commission prior to the end of the notice period. If no challenge is made, the revision
will take effect without further action. If the revision is challenged, the revision
may not take effect without the approval of the compact commission.
(n) No member state's rulemaking requirements shall apply under this chapter.