Section 16-44C-8 Rulemaking.

(a) The commission shall exercise its rulemaking powers pursuant to the criteria set forth in this compact and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment. (b) The commission shall adopt reasonable rules to achieve the intent and purpose of this compact. In the event the commission exercises its rulemaking authority in a manner that is beyond purpose and intent of this compact, or the powers granted hereunder, then the action by the commission shall be invalid and have no force and effect of law in the member states. (c) If a majority of the legislatures of the member states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt this compact within four years of the date of adoption of the rule, then the rule shall have no further force and effect in any member state. (d) Rules or amendments to the rules shall be adopted or ratified at a regular or special meeting of the commission in accordance with commission rules and bylaws. (e) Upon determination that an emergency exists, the commission may consider and adopt an emergency rule with 48 hours’ notice, with opportunity to comment, provided that the usual rulemaking procedures shall be retroactively applied to the rule as soon as reasonably possible, in no event later than 90 days after the effective date of the rule. For the purposes of this subsection, an emergency rule is one that must be adopted immediately in order to do any of the following: (1) Meet an imminent threat to public health, safety, or welfare. (2) Prevent a loss of commission or member state funds. (3) Meet a deadline for the adoption of an administrative rule that is established by federal law or rule. (4) Protect public health and safety.