The Vermont Statutes Online
The Statutes below include the actions of the 2025 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
(Cite as: 16 V.S.A. § 806k)
-
§ 806k. Rulemaking functions of the interstate commission — Article XII
A. Rulemaking Authority — The Interstate Commission shall promulgate reasonable rules in order to effectively
and efficiently achieve the purposes of this Compact. Notwithstanding the foregoing,
in the event the Interstate Commission exercises its rulemaking authority in a manner
that is beyond the scope of the purposes of this Act, or the powers granted hereunder,
then such an action by the Interstate Commission shall be invalid and have no force
or effect.
B. Rulemaking Procedure — Rules shall be made pursuant to a rulemaking process that substantially conforms to
the “Model State Administrative Procedure Act,” of 1981, Uniform Laws Annotated, Vol.
15, p.1 (2000) as amended, as may be appropriate to the operations of the Interstate
Commission.
C. Not later than thirty (30) days after a rule is promulgated, any person may file a
petition for judicial review of the rule; provided, that the filing of such a petition
shall not stay or otherwise prevent the rule from becoming effective unless the court
finds that the petitioner has a substantial likelihood of success. The court shall
give deference to the actions of the Interstate Commission consistent with applicable
law and shall not find the rule to be unlawful if the rule represents a reasonable
exercise of the Interstate Commission’s authority.
D. 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 such
rule shall have no further force and effect in any compacting state. (Added 2011, No. 43, § 1.)