Vermont § 5726 - Rulemaking

§ 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  superseded by this chapter shall be null and void 12 months after the second meeting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.)