2023 Laws of Puerto Rico › TITLE FOUR - Judiciary (§§ 1-3 — 2166) › PART V - Correction and Parole (§§ 1101 — 1646) › Chapter 83A - Interstate Compact for Adult Offender Supervision (§§ 1433 — 1446) › § 1440 - Interstate Commission—Regulatory functions

The Interstate Commission shall adopt rules in order to effectively and efficiently achieve the purposes of the Compact, including transition rules to, govern the administration of the Compact during the period in which it is being considered and enacted by the states.
Rulemaking must occur pursuant to the criteria set forth in this Article and the bylaws and rules adopted pursuant to the same. The rulemaking must substantially conform to the standards of the Federal Administrative Procedure Act, 5 U.S.C.S. section 551 et seq. and of the Federal Advisory Committee Act, 5 U.S.C.S. Appendix 2, section 1 et seq., as amended (henceforth, APA). Every rule and amendment shall be binding as of the date specified in each rule or amendment.
If a majority of the legislatures of the Compacting States reject a rule, by enactment of a statute or adoption of a resolution in the same manner used to adopt the Compact, the rule shall have no further force and effect in any of the Compacting States.
When adopting a rule, the Interstate Commission shall:
(a) Publish the proposed rule, specifically indicating the text of the rule that is proposed and the reason for the proposed rule.
(b) Allow persons to submit written data, facts, opinions, and arguments, which information must be publicly available.
(c) Provide an opportunity for an informal hearing.
(d) Adopt a final rule and its effective date, if appropriate, based on the rulemaking record.
(e) Not later than sixty (60) days after a rule is adopted, any interested person may file a petition for judicial review of the rule in the United States District Court for the District of Columbia or in the Federal District Court where the Interstate Commission’s principal office is located. If the court finds that the Interstate Commission’s action is not supported by substantial evidence (as defined in APA) in the rulemaking record, the court shall hold the rule unlawful and set it aside.
The subjects to be addressed during the twelve (12) months following the first meeting shall include as a minimum:
(a) Notice to victims and opportunity to be heard.
(b) Offender registration and compliance.
(c) Violations and returns.
(d) Transfer procedures and forms.
(e) Eligibility for transfer.
(f) Collection of restitution and fees from offenders.
(g) Data collection and reports.
(h) Level of supervision to be provided by the receiving state.
(i) Transition rules governing the operation of the Compact and the Interstate Commission during all or part of the period between the effective date of the Compact and the date on which the last eligible state adopts the Compact.
(j) Mediation, arbitration, and dispute resolution.
The existing rules governing the operation of the previous Compact repealed by this chapter shall be null and void twelve (12) months after the first meeting of the Interstate Commission created by virtue of this Compact.
Upon determination by the Interstate Commission that an emergency exists, the Interstate Commission may adopt an emergency rule that becomes effective immediately upon approval; Provided, That the usual rulemaking procedures provided in this section shall be retroactively applied to said rule as soon as reasonably possible, but in no case shall it be later than ninety (90) days after the effective date of the rule.
History —Aug. 11, 2004, No. 208, § 1, art. 8.