West Virginia Code § 30-1C-15

Rule making functions of the Interstate Commission
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(a) The Interstate Commission shall promulgate reasonable rules in order to effectively and
efficiently achieve the purposes 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. e
(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, and subsequent amendmuents thereto.
(c) Not later than thirty 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 hlas a substantial likelihood of success. The
court shall give deference to the actions of thes 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.

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