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Martin O'Malley, Governor
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Ch. 500
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9-307.
ARTICLE VI. RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION.
(A) THE INTERSTATE COMMISSION SHALL PROMULGATE AND PUBLISH
RULES IN ORDER TO EFFECTIVELY AND EFFICIENTLY ACHIEVE THE PURPOSES
OF THE COMPACT.
(B) RULEMAKING SHALL OCCUR PURSUANT TO THE CRITERIA SET
FORTH IN THIS ARTICLE AND THE BYLAWS AND RULES ADOPTED PURSUANT
THERETO. SUCH RULEMAKING SHALL SUBSTANTIALLY CONFORM TO THE
PRINCIPLES OF THE "MODEL STATE ADMINISTRATIVE PROCEDURES ACT,"
1981 ACT, UNIFORM LAWS ANNOTATED, VOL. 15, P.1 (2000), OR SUCH OTHER
ADMINISTRATIVE PROCEDURES ACT, AS THE INTERSTATE COMMISSION DEEMS
APPROPRIATE CONSISTENT WITH DUE PROCESS REQUIREMENTS UNDER THE
U.S. CONSTITUTION AS NOW OR HEREAFTER INTERPRETED BY THE U.S.
SUPREME COURT. ALL RULES AND AMENDMENTS SHALL BECOME BINDING AS
OF THE DATE SPECIFIED, AS PUBLISHED WITH THE FINAL VERSION OF THE
RULE AS APPROVED BY THE COMMISSION.
(C) WHEN PROMULGATING A RULE, THE INTERSTATE COMMISSION
SHALL, AT A MINIMUM:
(1) PUBLISH THE PROPOSED RULE'S ENTIRE TEXT STATING THE
REASON FOR THAT PROPOSED RULE;
(2) ALLOW AND INVITE PERSONS TO SUBMIT WRITTEN DATA,
FACTS, OPINIONS, AND ARGUMENTS, WHICH INFORMATION SHALL BE ADDED TO
THE RECORD, AND BE MADE PUBLICLY AVAILABLE;
(3) PROVIDE AN OPPORTUNITY FOR AN INFORMAL HEARING IF
PETITIONED BY 10 OR MORE PERSONS; AND
(4) PROMULGATE A FINAL RULE AND ITS EFFECTIVE DATE, IF
APPROPRIATE, BASED ON INPUT FROM STATE OR LOCAL OFFICIALS OR
INTERESTED PARTIES.
(D) NOT LATER THAN 60 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
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- 3273 -
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