589.533. Rulemaking authority, procedure.
Rulemaking authority, procedure.
589.533. 1. The Interstate Commission shall promulgate Rules inorder to effectively and efficiently achieve the purposes of the Compactincluding transition rules governing administration of the compact duringthe period in which it is being considered and enacted by the states;
2. Rulemaking shall occur pursuant to the criteria set forth in thisArticle and the By-laws and Rules adopted pursuant thereto. Suchrulemaking shall substantially conform to the principles of the federalAdministrative Procedure Act, 5 U.S.C.S. section 551 et seq., and theFederal Advisory Committee Act, 5 U.S.C.S. app. 2, section 1 et seq., asmay be amended (hereinafter "APA").
3. All Rules and amendments shall become binding as of the datespecified in each Rule or amendment.
4. If a majority of the legislatures of the compacting states rejectsa Rule, by enactment of a statute or resolution in the same manner used toadopt the compact, then such Rule shall have no further force and effect inany compacting state.
5. When promulgating a Rule, the Interstate Commission shall:
(1) Publish the proposed Rule stating with particularity the text ofthe Rule which is proposed and the reason for the proposed Rule;
(2) Allow persons to submit written data, facts, opinions andarguments, 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.
6. Not later than sixty days after a Rule is promulgated, anyinterested person may file a petition in the United States District Courtfor the District of Columbia or in the Federal District Court where theInterstate Commission's principal office is located for judicial review ofsuch Rule. If the court finds that the Interstate Commission's action isnot supported by substantial evidence, (as defined in the APA), in therulemaking record, the court shall hold the Rule unlawful and set it aside.Subjects to be addressed within twelve months after the first meeting mustat 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 theInterstate Commission during all or part of the period between theeffective date of the compact and the date on which the last eligible stateadopts the compact;
(10) Mediation, arbitration and dispute resolution.
7. The existing rules governing the operation of the previous compactsuperceded by sections 589.500 to 589.569 shall be null and void twelvemonths after the first meeting of the Interstate Commission createdhereunder.
8. Upon determination by the Interstate Commission that an emergencyexists, it may promulgate an emergency rule which shall become effectiveimmediately upon adoption, provided that the usual rulemaking proceduresprovided hereunder shall be retroactively applied to said rule as soon asreasonably possible, in no event later than ninety days after the effectivedate of the rule.
(L. 2000 H.B. 1321)Contingent effective date, see § 589.548