Chapter 1604: INTERSTATE PRESCRIPTION MONITORING PROGRAM COMPACT
§7269. Rule-making functions of the interstate commission - Article 9
1.Rule-making authority.
The interstate commission shall promulgate reasonable rules in order to effectively and efficiently achieve the purposes of
this compact. Notwithstanding this subsection, in the event the interstate commission exercises its rule-making authority
in a manner that is beyond the scope of the purposes of this compact or the powers granted under this compact, such an action
by the interstate commission is invalid and has no force or effect. Any rules promulgated by the commission do not override
the State's authority to govern prescription drugs or each member state's prescription monitoring program.
[
2011, c. 217, §1 (NEW)
.]
2.Rule-making procedure.
Rules must be made pursuant to a rule-making process that substantially conforms to the "Model State Administrative Procedure
Act," of 1981 Act, Uniform Laws Annotated, Vol. 15, p. 1 (2000) as amended, as may be appropriate to the operations of the
interstate commission.
[
2011, c. 217, §1 (NEW)
.]
3.Judicial review.
Not later than 30 days after a rule is promulgated, any person may file a petition for judicial review of the rule as long
as the filing of such a petition does 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 may not find the rule to be unlawful if the rule represents a reasonable exercise
of the interstate commission's authority.
[
2011, c. 217, §1 (NEW)
.]
SECTION HISTORY
2011, c. 217, §1 (NEW).
Data for this page extracted on 10/16/2012 08:28:12.