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(e) Rules shall be adopted at a regular or special meeting of the commission.
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(f) Prior to adoption of a proposed rule, the commission shall hold a public
9hearing and allow persons to provide oral and written comments, data, facts,
10opinions, and arguments.
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(g) Prior to adoption of a proposed rule by the commission, and at least thirty
12(30) days in advance of the meeting at which the commission will hold a public
13hearing on the proposed rule, the commission shall provide a notice of proposed rule
14making:
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1. On the website of the commission or other publicly accessible platform;
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2. To persons who have requested notice of the commission's notices of proposed
17rule making, and
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3. In such other way(s) as the commission may by rule specify.
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(h) The notice of proposed rule making shall include:
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1. The time, date, and location of the public hearing at which the commission
21will hear public comments on the proposed rule and, if different, the time, date, and
22location of the meeting where the commission will consider and vote on the proposed
23rule;
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12. If the hearing is held via telecommunication, video conference, or other
2electronic means, the commission shall include the mechanism for access to the
3hearing in the notice of proposed rule making;
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3. The text of the proposed rule and the reason therefor;
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4. A request for comments on the proposed rule from any interested person; and
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5. The manner in which interested persons may submit written comments.
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(i) All hearings will be recorded. A copy of the recording and all written
8comments and documents received by the commission in response to the proposed
9rule shall be available to the public.
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(j) Nothing in this subsection shall be construed as requiring a separate
11hearing on each rule. Rules may be grouped for the convenience of the commission
12at hearings required by this subsection.
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(k) The commission shall, by majority vote of all members, take final action on
14the proposed rule based on the rule-making record and the full text of the rule.
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1. The commission may adopt changes to the proposed rule provided the
16changes do not enlarge the original purpose of the proposed rule.
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2. The commission shall provide an explanation of the reasons for substantive
18changes made to the proposed rule as well as reasons for substantive changes not
19made that were recommended by commenters.
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3. The commission shall determine a reasonable effective date for the rule.
21Except for an emergency as provided in par. (L), the effective date of the rule shall
22be no sooner than 30 days after issuing the notice that it adopted or amended the rule.
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(L) Upon determination that an emergency exists, the commission may
24consider and adopt an emergency rule with 48 hours' notice, with opportunity to
25comment, provided that the usual rule-making procedures provided in the compact
1and in this subsection shall be retroactively applied to the rule as soon as reasonably
2possible, in no event later than ninety (90) days after the effective date of the rule.
3For the purposes of this provision, an emergency rule is one that must be adopted
4immediately in order to:
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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 a rule that is established by federal
8law or rule; or
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4. Protect public health and safety.
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(m) The commission or an authorized committee of the commission may direct
11revisions to a previously adopted rule for purposes of correcting typographical errors,
12errors in format, errors in consistency, or grammatical errors. Public notice of any
13revisions shall be posted on the website of the commission. The revision shall be
14subject to challenge by any person for a period of thirty (30) days after posting. The
15revision may be challenged only on grounds that the revision results in a material
16change to a rule. A challenge shall be made in writing and delivered to the
17commission prior to the end of the notice period. If no challenge is made, the revision
18will take effect without further action. If the revision is challenged, the revision may
19not take effect without the approval of the commission.
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(n) No member state's rule-making requirements shall apply under this
21compact.
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22(13) Oversight, dispute resolution, and enforcement. (a)
Oversight. 1. The
23executive and judicial branches of state government in each member state shall
24enforce this compact and take all actions necessary and appropriate to implement
25the compact.
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12. Except as otherwise provided in this compact, venue is proper and judicial
2proceedings by or against the commission shall be brought solely and exclusively in
3a court of competent jurisdiction where the principal office of the commission is
4located. The commission may waive venue and jurisdictional defenses to the extent
5it adopts or consents to participate in alternative dispute resolution proceedings.
6Nothing herein shall affect or limit the selection or propriety of venue in any action
7against a licensee for professional malpractice, misconduct or any such similar
8matter.
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3. The commission shall be entitled to receive service of process in any
10proceeding regarding the enforcement or interpretation of the compact and shall
11have standing to intervene in such a proceeding for all purposes. Failure to provide
12the commission service of process shall render a judgment or order void as to the
13commission, this compact, or promulgated rules.
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(b)
Default, technical assistance, and termination. 1. If the commission
15determines that a member state has defaulted in the performance of its obligations
16or responsibilities under this compact or the promulgated rules, the commission
17shall provide written notice to the defaulting state. The notice of default shall
18describe the default, the proposed means of curing the default, and any other action
19that the commission may take, and shall offer training and specific technical
20assistance regarding the default.