N.Y. Education Law § 3312: Rulemaking functions of the interstate commission

§ 3312. Rulemaking functions of the interstate commission. 1. 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 article, or conflicts with the laws of a member

state, or the powers granted hereunder, then such an action by the

interstate commission shall be invalid and have no force or effect.

2. Rules shall be made pursuant to a rulemaking process that

substantially conforms to section two hundred two of the state

administrative procedure act as may be appropriate to the operations of

the interstate commission.

3. Not later than thirty 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's authority.

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.