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damage, loss, injury or liability caused by the intentional or | | willful and wanton misconduct of any such person. |
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| | | C.__The interstate commission shall defend the executive | | director or the employees or representatives of the | | interstate commission and, subject to the approval of the | | attorney general of the state represented by any | | commissioner of a compacting state, shall defend such | | commissioner or the commissioner's representatives or | | employees in a civil action seeking to impose liability, | | arising out of any actual or alleged act, error or omission | | that occurred within the scope of interstate commission | | employment, duties or responsibilities, or that the | | defendant had a reasonable basis for believing occurred | | within the scope of interstate commission employment, duties | | or responsibilities, if the actual or alleged act, error or | | omission did not result from intentional or willful and | | wanton misconduct on the part of such person. |
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| | | D.__The interstate commission shall indemnify and hold the | | commissioner of a compacting state, or the commissioner | | representative or employee, or the interstate commission | | representative or employee, harmless in the amount of any | | settlement or judgment obtained against such persons arising | | out of any actual or alleged act, error or omission that | | occurred within the scope of interstate commission | | employment, duties or responsibilities or that such persons | | had a reasonable basis for believing occurred within the | | scope of interstate commission employment, duties or | | responsibilities, if the actual or alleged act, error or | | omission did not result from intentional or willful and | | wanton misconduct on the part of such persons. |
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| | | §9906.__Rule-making functions of interstate |
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| | | 1.__Rules.__The interstate commission shall promulgate and | | publish rules in order to effectively and efficiently achieve the | | purposes of the compact. |
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| | | Rulemaking must occur pursuant to the criteria set forth in this | | section and the bylaws and rules adopted pursuant to this | | section.__The rulemaking must substantially conform to the | | principles of the federal Administrative Procedure Act, 5 United | | States Code, Section 551 et seq. and the federal Advisory | | Committee Act, 5 United States Code App. 2 Section 1 et seq., as | | may be amended, referred to in this subchapter as "the APA," or | | other administrative procedures act that the interstate | | commission determines appropriate consistent with due process |
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