Okla. Stat. tit. 10A, § 10A-2-9-107: Interstate Commission - Rulemaking

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

Interstate Commission.

C. When promulgating a rule, the Interstate Commission shall,

at a minimum:

1. Publish the proposed rule’s entire text stating the

reason(s) for that proposed rule;

2. Allow and invite any and all 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 ten (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. Allow, not later than sixty (60) days after a rule is

promulgated, any interested person to 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 in the rulemaking record, the court shall hold the rule

unlawful and set it aside. For purposes of this subsection,

evidence is substantial if it would be considered substantial

evidence under the Model State Administrative Procedures Act.

E. If a majority of the legislatures of the compacting states

rejects a rule, those states may, by enactment of a statute or

resolution in the same manner used to adopt the compact, cause that

such rule shall have no further force and effect in any compacting

state.

F. The existing rules governing the operation of the Interstate

Compact on Juveniles superceded by this act shall be null and void

twelve (12) months after the first meeting of the Interstate

Commission created hereunder.

G. Upon determination by the Interstate Commission that a

state-of-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,

but no later than ninety (90) days after the effective date of the

emergency rule.