Delaware Code § 24-1715A

Rulemaking functions of the Interstate Commission
Open in Lexace · Ask the AI about this section
(a) The Interstate Commission shall promulgate reasonable rules in order to effectively and efficiently achieve the purpose of the
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 the Compact, or the powers granted hereunder, then such an action by the Interstate Commission shall
be invalid and have no force or effect.
(b) Rules deemed appropriate for the operations of the Interstate Commission shall be made pursuant to a rulemaking process that
substantially conforms to the "Model State Administrative Procedure Act" of 2010 [MSAPA, 15 U.L.A. (2010)], and subsequent
amendments thereto.
(c) Not later than 30 days after a rule is promulgated, any person may file a petition for judicial review of the rule in the United States
District Court for the District of Columbia or the federal district where the Interstate Commission has its principal offices, 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 authority granted to the Interstate Commission.

‹ Prev All Delaware sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.