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The 190th General Court of the Commonwealth of Massachusetts

Section 11: Rulemaking functions of the interstate commission

Section 11. (a) The interstate commission shall promulgate reasonable rules in order to effectively achieve the purposes of this compact. In the event the interstate commission exercises its rulemaking authority in a manner that is beyond the scope or the powers granted in this act, then that action by the interstate commission shall be invalid and have no force or effect.

(b) Rules shall be made pursuant to a rulemaking process that shall substantially, or as much as possible, conform with the Model State Administrative Procedure Act of 1981, uniform laws annotated, vol. 15, p.1 (2000) as amended.

(c) Not later than 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's authority.

(d) If a majority of the legislatures of the compacting states reject a rule by enactment of a statute or resolution, then such rule shall have no further force and effect in any compacting state.