§ 16-92-13. Rulemaking functions of the interstate commission.
(a) Rulemaking authority. The interstate commission shall promulgate reasonable rules in order to effectively and efficiently achieve the purposes of this compact. Notwithstanding the foregoing, in the event the interstate commission exercises its rulemaking authority in a manner that is beyond the scope of the purposes of this act, or the powers granted hereunder, then such an action by the interstate commission shall be invalid and have no force or effect.
(b) Rulemaking procedure. Rules shall be made pursuant to a rulemaking process that substantially conforms to the “Model State Administrative Procedure Act,” of 1981 Act, Uniform Laws Annotated, Vol. 15, p.1 (2000) as amended, as may be appropriate to the operations of the interstate commission.
(c) Not later than thirty (30) days after a rule is promulgated, any person may file a petition for judicial review of the rule; provided, that the filing of such a petition shall not stay or otherwise prevent the rule from becoming effective unless the court finds that the petitioner has a substantial likelihood of success. The court shall give deference to the actions of the interstate commission consistent with applicable law and shall not find the rule to be unlawful if the rule represents a reasonable exercise of the interstate commission authority.
(d) 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.
History of Section.P.L. 2010, ch. 100, § 1; P.L. 2010, ch. 106, § 1.
Structure Rhode Island General Laws
Chapter 16-92 - Interstate Compact on Educational Opportunity for Military Children
Section 16-92-1. - Short title.
Section 16-92-2. - Legislative purpose.
Section 16-92-3. - Definitions.
Section 16-92-4. - Applicability.
Section 16-92-5. - Educational records and enrollment.
Section 16-92-6. - Placement and attendance.
Section 16-92-7. - Eligibility.
Section 16-92-8. - Graduation.
Section 16-92-9. - State coordination.
Section 16-92-10. - Interstate commission on educational opportunity for military children.
Section 16-92-11. - Powers and duties of the interstate commission.
Section 16-92-12. - Organization and operation of the interstate commission.
Section 16-92-13. - Rulemaking functions of the interstate commission.
Section 16-92-14. - Oversight, enforcement and dispute resolution.
Section 16-92-15. - Financing of the interstate commission.
Section 16-92-16. - Member states, effective date and amendment.