Effective - 28 Aug 2000
589.533. Rulemaking authority, procedure. — 1. The Interstate Commission shall promulgate Rules in order to effectively and efficiently achieve the purposes of the Compact including transition rules governing administration of the compact during the period in which it is being considered and enacted by the states;
2. Rulemaking shall occur pursuant to the criteria set forth in this Article and the By-laws and Rules adopted pursuant thereto. Such rulemaking shall substantially conform to the principles of the federal Administrative Procedure Act, 5 U.S.C.S. Section 551 et seq., and the Federal Advisory Committee Act, 5 U.S.C.S. app. 2, section 1 et seq., as may be amended (hereinafter "APA" ).
3. All Rules and amendments shall become binding as of the date specified in each Rule or amendment.
4. If a majority of the legislatures of the compacting states rejects a Rule, by enactment of a statute or resolution in the same manner used to adopt the compact, then such Rule shall have no further force and effect in any compacting state.
5. When promulgating a Rule, the Interstate Commission shall:
(1) Publish the proposed Rule stating with particularity the text of the Rule which is proposed and the reason for the proposed Rule;
(2) Allow persons to submit written data, facts, opinions and arguments, 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, any 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, (as defined in the APA), in the rulemaking record, the court shall hold the Rule unlawful and set it aside. Subjects to be addressed within twelve months after the first meeting must at 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 the Interstate Commission during all or part of the period between the effective date of the compact and the date on which the last eligible state adopts the compact;
(10) Mediation, arbitration and dispute resolution.
7. The existing rules governing the operation of the previous compact superceded by sections 589.500 to 589.569 shall be null and void twelve months after the first meeting of the Interstate Commission created hereunder.
8. Upon determination by the Interstate Commission that an emergency exists, it may promulgate an emergency rule which shall become effective immediately upon adoption, provided that the usual rulemaking procedures provided hereunder shall be retroactively applied to said rule as soon as reasonably possible, in no event later than ninety days after the effective date of the rule.
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(L. 2000 H.B. 1321)
Effective 6-19-02, see § 589.548
Structure Missouri Revised Statutes
Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders
Chapter 589 - Crime Prevention and Control Programs and Services
Section 589.010 - Short title.
Section 589.015 - Definitions.
Section 589.035 - Center to be separate entity within department — effective date.
Section 589.040 - Duties of department of corrections — certain inmates to participate in programs.
Section 589.200 - Definitions.
Section 589.210 - Authorized agency may require information relevant to theft claim from insurer.
Section 589.300 - Definitions.
Section 589.305 - Department may solicit funds.
Section 589.307 - Fund established, administration, purpose.
Section 589.401 - Removal from registry, petition, procedure.
Section 589.404 - Definitions.
Section 589.405 - Court's duties upon release of sexual offender.
Section 589.410 - Highway patrol to be notified, information to be made a part of MULES.
Section 589.425 - Failure to register, penalty — subsequent violations, penalty.
Section 589.426 - Halloween, restrictions on conduct — violations, penalty.
Section 589.506 - Definitions.
Section 589.509 - Compact commission, duties, members, voting — executive committee established.
Section 589.512 - Commissioner appointed, membership of state council.
Section 589.515 - Commission powers and duties.
Section 589.518 - Bylaws, organization and operation.
Section 589.524 - Maintenance of corporate books and records.
Section 589.527 - Qualified immunity, defense and indemnification.
Section 589.530 - Actions of commission, procedure.
Section 589.533 - Rulemaking authority, procedure.
Section 589.539 - Dispute resolution.
Section 589.542 - Enforcement.
Section 589.548 - Eligibility of compacting states — effective date of compact — amendments.
Section 589.557 - Judicial enforcement.
Section 589.560 - Dissolution of compact.
Section 589.563 - Severability clause.
Section 589.566 - Effect of other laws.
Section 589.569 - Binding effect of the compact.
Section 589.660 - Definitions.
Section 589.663 - Program created, purpose, procedures.
Section 589.664 - Disclosure of address, when — notice — limitation on dissemination.
Section 589.666 - Cancellation of certification, when.
Section 589.669 - Address accepted as participant's address, when.
Section 589.672 - Availability of participant addresses.
Section 589.675 - Inspection and copying of addresses, when.
Section 589.678 - Application, supporting materials, and communications not public records.