Texas Juvenile Justice Department
Texas Interstate Compact for Juveniles

ICJ Rules and Rules Questions

Rules.*

Section 60.010, Article VI empowers the Interstate Commission to promulgate and publish rules to effectively and efficiently achieve the purposes of the compact.  The Interstate Commission is to ensure the rulemaking substantially conforms to the principles of the “Model State Administrative Procedures Act,” 1981 Act, Uniform Laws Annotated, Vol. 15, p.1 (2000), or such other administrative procedures act, as the Interstate Commission deems appropriate consistent with due process requirements under the United States Constitution as interpreted by the United States Supreme Court.  The proposed rules are to be published with the reason(s) for the proposed rules.  The Interstate Commission is to allow and invite comments which are to be added to the record and made publicly available.  A public informal hearing is held if petitioned by ten or more persons.  The final rules are promulgated with the effective date.  There is also provision for any person to file a petition for judicial review of a rule in either the United States District Court for the District of Columbia or in the federal district court where the Interstate Commission’s national office is located.  If the court finds that the Interstate Commission’s action is not supported by substantial evidence in the rulemaking record, the court shall hold the rule unlawful and set it aside.  In addition, if a majority of the legislatures of the compacting states rejects a rule, those states may, by enactment of a statute or resolution in the same manner used to adopt the compact, cause that rule to have no further force and effect in any compacting state.  Further, the Interstate Commission has an emergency rule provision wherein when it is determined that an emergency exists, an emergency rule may be promulgated which becomes effective immediately upon adoption, with the usual rulemaking procedures applied retroactively as soon as practicable but no later than 90 days after the effective date of the rule.  These rules have the force and effect of statutory law.  The rules are published on the website of the Interstate Commission for Juveniles' Website: ICJ Commission Rules.

* The Rules referenced in this section were updated and effective March 1, 2012.

Enforcement.

Section 60.010, Article VII authorizes the Interstate Commission to provide oversight, enforcement and dispute resolution in the administration and operations of the interstate movement of juveniles subject to the ICJ.  The courts and executive agencies in each compacting state are to enforce the ICJ and take all actions necessary and appropriate to affect the compact’s purposes and intent.  The provisions of this compact and the rules promulgated hereunder are to be received by all of the judges, public officers, commissions and departments of the state government as evidence of the authorized statute and administrative rules.  All courts must take judicial notice of the compact and the rules.  In the event of a judicial or administrative proceeding in a compacting state pertaining to the subject matter of this compact that may affect the powers, responsibilities or actions of the Interstate Commission, it is entitled to receive all services of process in any such proceeding and has standing to intervene in the proceedings for all purposes.  The Interstate Commission, in the reasonable exercise of its discretion, is to enforce the provisions and rules of this compact using any or all of the means set forth in Article X of this compact.


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