1. (1) The commission must exercise its rule-making powers under the criteria set forth in this section and the rules adopted under this section. Rules and amendments become binding as of the date specified in each rule or amendment.
2. (2) If a majority of the legislatures of the compact states reject a rule, by enactment of a statute or resolution in the same manner used to adopt the psychology interjurisdictional compact, the rule will have no further force and effect in any compact state.
3. (3) Rules or amendments to the rules must be adopted at a regular or special meeting of the commission.

4. (4) Before adoption of a final rule or rules by the commission, and at least 60 days in advance of the meeting at which the rule will be considered and voted upon, the commission must file a notice of proposed rule making:

   1. (a) On the website of the commission; and
   2. (b) On the website of each compact state's psychology regulatory authority or the publication in which each state would otherwise publish proposed rules.

5. (5) The notice of proposed rule making must include:

   1. (a) The proposed time, date, and location of the meeting in which the rule will be considered and voted upon;
   2. (b) The text of the proposed rule or amendment and the reason for the proposed rule;
   3. (c) A request for comments on the proposed rule from any interested person; and
   4. (d) The manner in which interested persons may submit notice to the commission of their intention to attend the public hearing and any written comments.
6. (6) Before adoption of a proposed rule, the commission must allow persons to submit written data, facts, opinions, and arguments, which must be made available to the public.

7. (7) The commission must grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by:

   1. (a) At least 25 persons who submit comments independently of each other;
   2. (b) A governmental subdivision or agency; or
   3. (c) A duly appointed person in an association that has at least 25 members.

8. (8) If a hearing is held on the proposed rule or amendment, the commission must publish the place, time, and date of the scheduled public hearing.

   1. (a) All persons wishing to be heard at the hearing must notify the executive director of the commission or other designated member in writing of their desire to appear and testify at the hearing not less than five business days before the scheduled date of the hearing.
   2. (b) Hearings must be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing.
   3. (c) No transcript of the hearing is required, unless a written request for a transcript is made, in which case the person requesting the transcript must bear the cost of producing the transcript. A recording may be made in lieu of a transcript under the same terms and conditions as a transcript. This subsection does not preclude the commission from making a transcript or recording of the hearing if it so chooses.
   4. (d) This section does not require a separate hearing on each rule. Rules may be grouped for the convenience of the commission at hearings required by this section.
9. (9) Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the commission must consider all written and oral comments received.
10. (10) The commission must, by majority vote of all members, take final action on the proposed rule and must determine the effective date of the rule, if any, based on the rule making record and the full text of the rule.
11. (11) If no written notice of intent to attend the public hearing by interested parties is received, the commission may proceed with adoption of the proposed rule without a public hearing.

12. (12) Upon determination that an emergency exists, the commission may consider and adopt an emergency rule without prior notice, opportunity for comment, or hearing, if the usual rule-making procedures provided in the psychology interjurisdictional compact and in this section are retroactively applied to the rule as soon as reasonably possible, in no event more 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:

    1. (a) Meet an imminent threat to public health, safety, or welfare;
    2. (b) Prevent a loss of commission or compact state funds;
    3. (c) Meet a deadline for the adoption of an administrative rule that is established by federal law or rule; or
    4. (d) Protect public health and safety.
13. (13) The commission or an authorized committee of the commission may direct revisions to a previously adopted rule or amendment 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 chair of 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.

[ 2022 c 5 s 12.]