CHC 1633

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CHC 1633

Art. 1633. Rulemaking functions of the Interstate Commission

NOTE: Art. 1633 enacted by Acts 2010, No. 893, §1, eff. when the 35th state enacts the Interstate Compact for the Placement of Children.

A. The Interstate Commission shall promulgate and publish rules to achieve the purposes of the compact.

B. Rulemaking shall occur pursuant to this Article and the bylaws and rules adopted. Rulemaking shall substantially conform to the principles of the "Model State Administrative Procedure Act", 1981 Act, Uniform Laws Annotated, Vol. 15, p.1 (2000), or such other administrative procedure acts as the Interstate Commission deems appropriate consistent with due process requirements under the United States Constitution. 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 Interstate 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 be made publicly available.

(3)Promulgate a final rule and its effective date, if appropriate, based on input from state or local officials, or interested parties.

D. Rules promulgated by the Interstate Commission shall have the force and effect of administrative rules and shall be binding in the compacting states to the extent and in the manner provided for in this compact.

E. Not later than sixty days after a rule is promulgated, an 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 in the rulemaking record, the court shall hold the rule unlawful and set it aside.

F. If a majority of the legislatures of the member 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 member state.

G. The existing rules governing the operation of the Interstate Compact on the Placement of Children superseded by this Chapter shall be null and void no less than twelve, but no more than twenty-four months after the first meeting of the Interstate Commission created hereunder, as determined by the members during the first meeting.

H. Within the first twelve months of operation, the Interstate Commission shall promulgate rules addressing all of the following:

(1)Transition rules.

(2)Forms and procedures.

(3)Timelines.

(4)Data collection and reporting.

(5)Rulemaking.

(6)Visitation.

(7)Progress reports and supervision.

(8)Sharing of information and confidentiality.

(9)Financing of the Interstate Commission.

(10)Mediation, arbitration and dispute resolution.

(11)Education, training and technical assistance.

(12)Enforcement.

(13)Coordination with other interstate compacts.

I. Upon determination by a majority of the members of the Interstate Commission that an emergency exists:

(1)The Interstate Commission may promulgate an emergency rule only if it is required to do any of the following:

(a)Protect the children covered by the compact from an imminent threat to their health, safety, and well-being.

(b)Prevent loss of federal or state funds.

(c)Meet a deadline for the promulgation of an administrative rule required by federal law.

(2)An emergency rule shall become effective immediately upon adoption, provided that the usual rulemaking procedures provided hereunder shall be retroactively applied to such rule as soon as reasonably possible, but no later than ninety days after the effective date of the emergency rule.

(3)An emergency rule shall be promulgated as provided for in the rules of the Interstate Commission.

Acts 2010, No. 893, §1.