N.Y.
Education Law Section 3312
Rulemaking functions of the interstate commission
1.
The interstate commission shall promulgate reasonable rules in order to effectively and efficiently achieve the purposes of this compact. Notwithstanding the foregoing, in the event the interstate commission exercises its rulemaking authority in a manner that is beyond the scope of the purposes of this article, or conflicts with the laws of a member state, or the powers granted hereunder, then such an action by the interstate commission shall be invalid and have no force or effect.2.
Rules shall be made pursuant to a rulemaking process that substantially conforms to section two hundred two of the state administrative procedure act as may be appropriate to the operations of the interstate commission.3.
Not later than thirty days after a rule is promulgated, any person may file a petition for judicial review of the rule; provided, that the filing of such a petition shall 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 shall not find the rule to be unlawful if the rule represents a reasonable exercise of the interstate commission’s authority.4.
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 such rule shall have no further force and effect in any compacting state.
Source:
Section 3312 — Rulemaking functions of the interstate commission, https://www.nysenate.gov/legislation/laws/EDN/3312 (updated Sep. 22, 2014; accessed Oct. 26, 2024).
