LD 311
pg. 11
Page 10 of 17 An Act to Adopt a New Interstate Compact Regarding Adults Who are on Probation ... Page 12 of 17
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LR 8
Item 1

 
2.__Rule void.__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
the rule has no further effect in any compacting state.

 
3.__Promulgation of rules.__When promulgating a rule, the
interstate commission shall:

 
A.__Publish the proposed rule stating with particularity
the text of the proposed rule and the reason for the
proposed rule;

 
B.__Allow persons to submit written data, facts, opinions
and arguments, which information must be publicly
available;

 
C.__Provide an opportunity for an informal hearing; and

 
D.__Promulgate a final rule and its effective date, if
appropriate, based on the rule-making record.

 
4.__Rule review.__Not later than 60 days after a rule is
promulgated, an interested person may 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 the rule.__If the court finds that the interstate
commission's action is not supported by substantial evidence,
as defined in the APA, in the rule-making record, the court
shall hold the rule unlawful and set it aside.

 
5.__Subjects to be addressed.__Subjects to be addressed
within 12 months after the first meeting must, at a minimum,
include:

 
A.__Notice to victims and opportunity to be heard;

 
B.__Offender registration and compliance;

 
C.__Violations and returns;

 
D.__Transfer procedures and forms;

 
E.__Eligibility for transfer;

 
F.__Collection of restitution and fees from offenders;

 
G.__Data collection and reporting;

 
H.__The level of supervision to be provided by the
receiving state;


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