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2. The text of the proposed rule or amendment and the reason for the proposed
24rule.
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3. A request for comments on the proposed rule from any interested person.
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14. The manner in which interested persons may submit notice to the
2commission of their intention to attend the public hearing and any written
3comments.
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(f) Prior to the adoption of a proposed rule, the commission shall allow persons
5to submit written data, facts, opinions, and arguments, which shall be made
6available to the public.
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(g) The commission shall grant an opportunity for a public hearing before it
8adopts a rule or amendment if a hearing is requested by any of the following:
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1. At least 25 persons.
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2. A governmental subdivision or agency.
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3. An association having at least 25 members.
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(h) 1. If a hearing is held on the proposed rule or amendment, the commission
13shall publish the place, time, and date of the scheduled public hearing.
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2. All persons wishing to be heard at the hearing shall notify the executive
15director of the commission or other designated member in writing of their desire to
16appear and testify at the hearing not less than 5 days before the scheduled date of
17the hearing.
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3. Hearings shall be conducted in a manner providing each person who wishes
19to comment a fair and reasonable opportunity to comment orally or in writing.
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4. No transcript of the hearing is required, unless a written request for a
21transcript is made, in which case the person requesting the transcript shall bear the
22cost of producing the transcript. A recording may be made in lieu of a transcript
23under the same terms and conditions as a transcript. This subdivision shall not
24preclude the commission from making a transcript or recording of the hearing if it
25so chooses.
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15. Nothing in this subsection shall be construed as requiring a separate hearing
2on each rule. Rules may be grouped for the convenience of the commission at
3hearings required by this subsection.
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(i) Following the scheduled hearing date, or by the close of business on the
5scheduled hearing date if the hearing was not held, the commission shall consider
6all written and oral comments received.
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(j) The commission shall, by majority vote of all members, take final action on
8the proposed rule and shall determine the effective date of the rule, if any, based on
9the rule-making record and the full text of the rule.
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(k) If no written notice of intent to attend the public hearing by interested
11parties is received, the commission may proceed with promulgation of the proposed
12rule without a public hearing.
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(L) Upon determination that an emergency exists, the commission may
14consider and adopt an emergency rule without prior notice, opportunity for
15comment, or hearing, provided that the usual rule-making procedures provided in
16the compact and in this subsection shall be retroactively applied to the rule as soon
17as reasonably possible, in no event later than 90 days after the effective date of the
18rule. For the purposes of this provision, an emergency rule is one that must be
19adopted immediately in order to do any of the following:
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1. Meet an imminent threat to public health, safety, or welfare.
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2. Prevent a loss of commission or member state funds.
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3. Meet a deadline for the promulgation of an administrative rule that is
23established by federal law or rule.
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4. Protect public health and safety.
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1(m) The commission or an authorized committee of the commission may direct
2revisions to a previously adopted rule or amendment for purposes of correcting
3typographical errors, errors in format, errors in consistency, or grammatical errors.
4Public notice of any revisions shall be posted on the website of the commission. The
5revision shall be subject to challenge by any person for a period of 30 days after
6posting. The revision may be challenged only on grounds that the revision results
7in a material change to a rule. A challenge shall be made in writing, and delivered
8to the chair of the commission prior to the end of the notice period. If no challenge
9is made, the revision will take effect without further action. If the revision is
10challenged, the revision may not take effect without the approval of the commission.
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11(13) Oversight, dispute resolution, and enforcement. (a)
Oversight. 1. The
12executive, legislative, and judicial branches of state government in each member
13state shall enforce this compact and take all actions necessary and appropriate to
14effectuate the compact's purposes and intent. The provisions of this compact and the
15rules promulgated hereunder shall have standing as statutory law.
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2. All courts shall take judicial notice of the compact and the rules in any
17judicial or administrative proceeding in a member state pertaining to the subject
18matter of this compact that may affect the powers, responsibilities, or actions of the
19commission.
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3. The commission shall be entitled to receive service of process in any such
21proceeding, and shall have standing to intervene in such a proceeding for all
22purposes. Failure to provide service of process to the commission shall render a
23judgment or order void as to the commission, this compact, or promulgated rules.
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(b)
Default, technical assistance, and termination. 1. If the commission
25determines that a member state has defaulted in the performance of its obligations
1or responsibilities under this compact or the promulgated rules, the commission
2shall do all of the following:
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a. Provide written notice to the defaulting state and other member states of the
4nature of the default, the proposed means of curing the default, and any other action
5to be taken by the commission.
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b. Provide remedial training and specific technical assistance regarding the
7default.
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2. If a state in default fails to cure the default, the defaulting state may be
9terminated from the compact upon an affirmative vote of a majority of the member
10states, and all rights, privileges, and benefits conferred by this compact may be
11terminated on the effective date of termination. A cure of the default does not relieve
12the offending state of obligations or liabilities incurred during the period of default.