2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 31A - Interstate Compact On Occupational Therapy Licensure › Section 36-31A-11 - Rulemaking authority--Member state rejection--Procedure--Notice and public comment--Hearing.

36-31A-11. Rulemaking authority--Member state rejection--Procedure--Notice and public comment--Hearing.
A.The commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and the rules adopted by the commission. Rules and amendments become binding as of the date specified in each rule or amendment.
B.The commission shall promulgate rules to effectively and efficiently achieve the purposes of the compact. If the commission exercises its rulemaking authority in a manner that is beyond the scope of the purposes of the compact, or the powers granted under the compact, such an action by the commission is invalid and has no force and effect.
C.If a majority of the member state legislatures rejects a rule, by enactment of a statute or resolution, in the same manner used to adopt the compact, within four years of the date the rule is adopted, the rule has no further force and effect in any member state.
D.A rule or an amendment to a rule must be adopted at a regular or special meeting of the commission.
E.Prior to the promulgation and adoption of a final rule by the commission, and at least thirty days in advance of the meeting at which the rule will be considered and voted upon, the commission shall file a notice of proposed rulemaking:
1.On the commission's website or on another publicly accessible platform; and
2.On the website of each member state's occupational therapy licensing board, on another publicly accessible platform, or in the publication that each state uses to publish proposed rules.
F.The notice of proposed rulemaking must include:
1.The proposed time, date, and location of the meeting at which the rule will be considered and voted upon;
2.The text of the proposed rule or amendment and the reason for the proposed rule;
3.A request for comments on the proposed rule; and
4.The manner in which interested individuals may submit notice to the commission of their intention to attend the public hearing and offer written comments.
G.Prior to adoption of a proposed rule, the commission shall allow persons to submit written data, facts, opinions, and arguments, which must be made available to the public.
H.The commission shall grant an opportunity for a public hearing before it adopts a rule or amendment, if a hearing is requested by:
1.At least twenty-five persons;
2.A state or federal governmental subdivision or agency; or
3.An association or organization having at least twenty-five members.
I.If a hearing is held on the proposed rule or amendment, the commission shall publish the place, time, and date of the scheduled public hearing. If the hearing is held via electronic means, the commission shall publish the mechanism for access to the electronic hearing.
1.Any person wishing to be heard at the hearing shall notify the executive director of the commission or another designated member, in writing, of the desire to appear and testify at the hearing, not less than five business days before the scheduled date of the hearing.
2.Hearings must be conducted in a manner that provides each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing.
3.All hearings must be recorded. A copy of the recording must be made available upon request.
4.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.
J.Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the commission shall consider all written and oral comments received.
K.If no written notice of intent to attend the public hearing by interested parties is received, the commission may proceed with promulgation of the proposed rule, without a public hearing.
L.The commission shall, by majority vote of all members, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule.
M.Upon determination that an emergency exists, the commission may consider and adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided that the usual rulemaking procedures set forth in the compact and in this section must be retroactively applied to the rule as soon as reasonably possible, but no later than ninety 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:
1.Meet an imminent threat to public health, safety, or welfare;
2.Prevent a loss of commission or member state funds;
3.Meet a deadline for the promulgation of an administrative rule that is established by federal law or regulation; or
4.Protect public health and safety.
N.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 formatting, 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 thirty 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, prior to the end of the notice period. If no challenge is made, the revision takes effect without further action. If the revision is challenged, the revision may not take effect without the approval of the commission.
Source: SL 2023, ch 139, §11.