§ 5726. Rulemaking
(a) The Interstate Commission shall promulgate and publish rules in order to effectively
and efficiently achieve the purposes of the compact.
(b) Rulemaking shall occur pursuant to the criteria set forth in this section and the
bylaws and rules adopted under it. Such rulemaking shall substantially conform to
the principles of the “Model State Administrative Procedures Act,” 1981 Act, Uniform
Laws Annotated, Vol. 15, p.1 (2000), or such other administrative procedures act as
the Interstate Commission deems appropriate, consistent with due process requirements
under the United States and Vermont Constitutions. All rules and amendments shall
become binding as of the date specified, as published with the final version of the
rule as approved by the Commission.
(c) When promulgating a rule, the Interstate Commission shall, at a minimum:
(1) publish the proposed rule’s entire text, stating the reason for the proposed rule;
(2) allow and invite any and all persons to submit written data, facts, opinions, and
arguments, which information shall be added to the record and made publicly available;
(3) provide an opportunity for an informal hearing if petitioned by 10 or more persons;
and
(4) promulgate a final rule and its effective date, if appropriate, based on input from
state or local officials, or interested parties.
(d) The Interstate Commission shall allow any interested person to file a petition for
judicial review of a rule not later than 60 days after the rule is promulgated. The
petition shall be filed in the United States District Court for the District of Columbia
or in the Federal District Court where the Interstate Commission’s principal office
is located. If the court finds that the Interstate Commission’s action is not supported
by substantial evidence in the rulemaking record, the court shall hold the rule unlawful
and set it aside. For purposes of this subsection, evidence is substantial if it
would be considered substantial evidence under the Model State Administrative Procedures
Act.
(e) If a majority of the legislatures of the compacting states rejects a rule, those states
may, by enactment of a statute or resolution in the same manner used to adopt the
compact, cause that such rule shall have no further force and effect in any compacting
state.
(f) The existing rules governing the operation of the Interstate Compact on Juveniles
superseded by this chapter shall be null and void 12 months after the second meeting
of the Interstate Commission created by section 5723 of this title.
(g) Upon determination by the Interstate Commission that a state of emergency exists,
it may promulgate an emergency rule which shall become effective immediately upon
adoption, provided that the usual rulemaking procedures of this section shall be retroactively
applied to said rule as soon as reasonably possible, but no later than 90 days after
the effective date of the emergency rule. (Added 2009, No. 108 (Adj. Sess.), § 12, eff. July 1, 2010.)