§ 2-9-107. Interstate Commission--Rulemaking
Oklahoma Statutes AnnotatedTitle 10A. Children and Juvenile Code
10A Okl.St.Ann. § 2-9-107
§ 2-9-107. Interstate Commission--Rulemaking
ARTICLE VI
RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION
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.
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.
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.
Credits
Laws 2004, c. 147, § 7, eff. July 1, 2004. Renumbered from Title 10, § 7309-1.7 by Laws 2009, c. 234, § 192, emerg. eff. May 21, 2009.
10A Okl. St. Ann. § 2-9-107, OK ST T. 10A § 2-9-107
Current with legislation of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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