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This entry was published on 2014-09-22
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SECTION 3312
Rulemaking functions of the interstate commission
Education (EDN) CHAPTER 16, TITLE 4, ARTICLE 66
§ 3312. Rulemaking functions of the interstate commission. 1. 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 article, or conflicts with the laws of a member
state, or the powers granted hereunder, then such an action by the
interstate commission shall be invalid and have no force or effect.

2. Rules shall be made pursuant to a rulemaking process that
substantially conforms to section two hundred two of the state
administrative procedure act as may be appropriate to the operations of
the interstate commission.

3. Not later than thirty 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.

4. 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.