Rulemaking — Vermont Code § 2140

§ 2140. Rulemaking

• (a) The Commission shall exercise its rulemaking powers pursuant to the criteria set forth
  in this section and the rules adopted thereunder. Rules and amendments shall become
  binding as of the date specified in each rule or amendment. (b) If a majority of the legislatures of the member states reject a rule by enactment
  of a statute or resolution in the same manner used to adopt the Compact within four
  years of the date of adoption of the rule, then such rule shall have no further force
  and effect in any member state. (c) Rules or amendments to the rules shall be adopted at a regular or special meeting
  of the Commission. (d) Prior to promulgation and adoption of a final rule or rules by the Commission, and
  at least 30 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 website of the Commission or other publicly accessible platform; and (2) on the website of each member state physical therapy licensing board or other publicly
  accessible platform or the publication in which each state would otherwise publish
  proposed rules. (e) The Notice of Proposed Rulemaking shall include: (1) the proposed time, date, and location of the meeting in 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 from any interested person; and (4) the manner in which interested persons may submit notice to the Commission of their
  intention to attend the public hearing and any written comments. (f) Prior to adoption of a proposed rule, the Commission shall allow persons to submit
  written data, facts, opinions, and arguments, which shall be made available to the
  public. (g) 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 25 persons; (2) a state or federal governmental subdivision or agency; or (3) an association having at least 25 members. (h) 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) All persons wishing to be heard at the hearing shall 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) Hearings shall be conducted in a manner providing each person who wishes to comment
  a fair and reasonable opportunity to comment orally or in writing. (3) All hearings will be recorded. A copy of the recording will be made available on request. (4) Nothing in this section shall 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. (i) 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. (j) 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. (k) 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. (l) 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 provided in the Compact and in this section shall
  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: (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 rule; or (4) protect public health and safety. (m) 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 shall be posted on the website of the Commission. The revision shall be
  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 shall 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 will
  take effect without further action. If the revision is challenged, the revision may
  not take effect without the approval of the Commission. (Added 2023, No. 35, § 1, eff. July 1, 2024.)