New Jersey § 2a:168-33

§ 2a:168-33.

Article VIII. Rulemaking Functions of the Interstate Commission. a. The Interstate Commission shall promulgate rules in order to effectively and efficiently

achieve the purposes of the Compact including transition rules governing administration

of the compact during the period in which it is being considered and enacted by the

states. b. Rulemaking shall occur pursuant to the criteria set forth in this Article and the

bylaws and rules adopted pursuant thereto. Such rulemaking shall substantially conform to the principles of the federal Administrative

Procedure Act, 5 U.S.C.A. section 551 et seq., and the federal Advisory Committee Act, 5 U.S.C.A. App. 2, section 1 et seq., as may be amended (hereinafter “APA”). c. All rules and amendments shall become binding as of the date specified in each

rule or amendment. 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. e. When promulgating a rule, the Interstate Commission shall: (1) publish the proposed rule stating with particularity the text of the rule which

is proposed and the reason for the proposed rule; (2) allow persons to submit written data, facts, opinions and arguments, which information

shall be publicly available; (3) provide an opportunity for an informal hearing; and (4) promulgate a final rule and its effective date, if appropriate, based on the rulemaking

record. Not later than sixty days after a rule is promulgated, any interested person may file

a petition 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

for judicial review of such rule. If the court finds that the Interstate Commission's action is not supported by substantial

evidence (as defined in the APA) in the rulemaking record, the court shall hold the

rule unlawful and set it aside. f. Subjects to be addressed within 12 months after the first meeting must at a minimum

include: (1) notice to victims and opportunity to be heard; (2) offender registration and compliance; (3) violations/returns; (4) transfer procedures and forms; (5) eligibility for transfer; (6) collection of restitution and fees from offenders; (7) data collection and reporting; (8) the level of supervision to be provided by the receiving state; (9) transition rules governing the operation of the compact and the Interstate Commission

during all or part of the period between the effective date of the compact and the

date on which the last eligible state adopts the compact; and (10) Mediation, arbitration and dispute resolution. g. The existing rules governing the operation of the previous compact superseded by

this act shall be null and void twelve months after the first meeting of the Interstate

Commission created hereunder. h. Upon determination by the Interstate Commission that an emergency exists, it may

promulgate an emergency rule which shall become effective immediately upon adoption,

provided that the usual rulemaking procedures provided hereunder shall be retroactively

applied to said rule as soon as reasonably possible, in no event later than 90 days

after the effective date of the rule.