80-6-1107. Article 6 — Rulemaking functions of the Interstate Commission.
| (1) |
The Interstate Commission shall promulgate and publish rules in order to effectively and efficiently achieve the purposes of the compact. |
Have a question?
Click here to chat with a criminal defense lawyer and protect your rights.
Terms Used In Utah Code 80-6-1107
- Commission: means the State Commission on Criminal and Juvenile Justice created in Section 63M-7-201. See Utah Code 80-6-102
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: means :Utah Code 68-3-12.5
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Statute: A law passed by a legislature.
- Supported: means a finding by the Division of Child and Family Services based on the evidence available at the completion of an investigation, and separate consideration of each allegation made or identified during the investigation, that there is a reasonable basis to conclude that abuse, neglect, or dependency occurred. See Utah Code 80-1-102
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
| (2) |
Rulemaking shall occur pursuant to the criteria set forth in this section and the by-laws and rules adopted pursuant thereto. 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 any other administrative procedures act, as the commission considers appropriate, consistent with due process requirements under the United States Constitution as interpreted by the Unites States 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. |
| (3) |
When promulgating a rule, the commission shall, at a minimum:
| (a) |
publish the proposed rule’s entire text stating the reasons for that proposed rule; |
| (b) |
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; |
| (c) |
provide an opportunity for an informal hearing if petitioned by ten or more persons; and |
| (d) |
promulgate a final rule and its effective date, if appropriate, based on input from state or local officials, or interested parties. |
|
| (4) |
Not later than 60 days after a rule is promulgated, the commission shall allow 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 commission’s principal office is located for judicial review of the rule. If the court finds that the 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 (4), evidence is substantial if it would be considered substantial evidence under the Model State Administrative Procedures Act. |
| (5) |
If a majority of the legislatures of the compacting states reject a rule, those states may, by enactment of a statute or resolution in the same manner used to adopt the compact, state that the rule shall have no further force and effect in any compacting state. |
| (6) |
The existing rules governing the operation of the Interstate Compact on Juveniles superceded by this act shall be null and void 12 months after the first meeting of the Interstate Commission created in this part. |
| (7) |
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 shall be retroactively applied to the rule as soon as reasonably possible, but no later than 90 days after the effective date of the emergency rule. |
Renumbered and Amended by Chapter 334, 2022 General Session
