1. (a) The Commission shall promulgate reasonable rules in order to effectively and efficiently implement and administer the purposes and provisions of this Compact. A rule is invalid and has no force or effect only if a court of competent jurisdiction holds that the rule is invalid because the Commission exercised its rulemaking authority in a manner that is beyond the scope and purposes of this Compact, or the powers granted hereunder, or based upon another applicable standard of review.
2. (b) For purposes of this Compact, the rules of the Commission have the force of law in each member state.
3. (c) The Commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and the rules adopted thereunder. Rules become binding as of the date specified in each rule.
4. (d) If a majority of the legislatures of the member states rejects a rule or portion of a rule, by enactment of a statute or resolution in the same manner used to adopt this Compact within 4 years of the date of adoption of the rule, then that rule has no further force and effect in any member state.
5. (e) Rules must be adopted at a regular or special meeting of the Commission.
6. (f) Before adoption of a proposed rule, the Commission shall hold a public hearing and allow persons to provide oral and written comments, data, facts, opinions, and arguments.

7. (g) Before adoption of a proposed rule by the Commission, and at least 30 days in advance of the meeting at which the Commission will hold a public hearing on the proposed rule, the Commission shall provide a notice of proposed rulemaking by all of the following means:

   1. (1) On the website of the Commission or other publicly-accessible platform.
   2. (2) To persons who have requested notice of the Commission’s notices of proposed rulemaking.
   3. (3) In such other ways as the Commission may by rule specify.

8. (h) The notice of proposed rulemaking must include all of the following:

   1. (1) The time, date, and location of the public hearing at which the Commission will hear public comments on the proposed rule and, if different, the time, date, and location of the meeting where the Commission will consider and vote on the proposed rule.
   2. (2) If the hearing is held via telecommunication, video conference, or other electronic means, the Commission shall include the mechanism for access to the hearing in the notice of proposed rulemaking.
   3. (3) The text of the proposed rule and the reason for the rule.
   4. (4) A request for comments on the proposed rule from any interested person.
   5. (5) The manner in which interested persons may submit written comments.
9. (i) All hearings will be recorded. A copy of the recording and all written comments and documents received by the Commission in response to the proposed rule must be available to the public.
10. (j) Nothing in this section may be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the Commission at hearings required by this section.

11. (k) The Commission shall, by majority vote of all Commissioners, take final action on the proposed rule based on the rulemaking record and the full text of the rule, as follows:

    1. (1) The Commission may adopt changes to the proposed rule provided the changes are consistent with the original purpose of the proposed rule.
    2. (2) The Commission shall provide an explanation of the reasons for substantive changes made to the proposed rule as well as reasons for substantive changes not made that were recommended by commenters.
    3. (3) The Commission shall determine a reasonable effective date for the rule. Except for an emergency as provided in subsection (l) of this section, the effective date of the rule may not be sooner than 30 days after issuing the notice that it adopted or amended the rule.

12. (l) (l) On determination that an emergency exists, the Commission may consider and adopt an emergency rule with 24 hours’ notice, and with opportunity to comment, provided that the usual rulemaking procedures provided in this Compact and in this section must 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 provision, an emergency rule is one that must be adopted immediately in order to do any of the following:

    1. (1) Meet an imminent threat to public health, safety, or welfare.
    2. (2) Prevent a loss of commission or member state funds.
    3. (3) Meet a deadline for the promulgation of a rule that is established by federal law or rule.
    4. (4) Protect public health and safety.
13. (m) The Commission or an authorized committee of the Commission may direct revisions to a previously adopted rule for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions must be posted on the website of the Commission. The revision is subject to challenge by any person for a period of 30 days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge must be made in writing and delivered to the Commission before the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the Commission.

14. (n) (1) A member state’s rulemaking process or procedural requirements do not apply to the Commission.

    1. (2) The Commission has no authority over any member state’s rulemaking process or procedural requirements that do not pertain to this Compact.
15. (o) Nothing in this Compact, nor any rule or regulation of the Commission, may be construed to limit, restrict, or in any way reduce the ability of a member state to enact and enforce laws, regulations, or other rules related to the practice of respiratory therapy in that state, where those laws, regulations, or other rules are not inconsistent with the provisions of this Compact.

85 Del. Laws, c. 285, § 1