Section 34-40-72 Construction and Severability.

(a) This compact and the compact commission’s rulemaking authority shall be liberally construed so as to effectuate the purposes and the implementation and administration of this compact. Provisions of the compact expressly authorizing or requiring the adoption of rules shall not be construed to limit the compact commission’s rulemaking authority solely for those purposes. (b) The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is held by a court of competent jurisdiction to be contrary to the constitution of any member state, a state seeking participation in the compact, or of the United States, or the applicability thereof to any government, agency, person, or circumstance is held to be unconstitutional by a court of competent jurisdiction, the validity of the remainder of this compact and the applicability thereof to any other government, agency, person, or circumstance shall not be affected thereby. (c) Notwithstanding the foregoing, the compact commission may deny a state’s participation in the compact or terminate a member state’s participation in the compact if the compact commission determines that a constitutional requirement of a member state is a material departure from this compact. Otherwise, if this compact is held to be contrary to the constitution of any member state, this compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters.