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6. The presence of current significant investigative information; and
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7. Other information that may facilitate the administration of this compact or
9the protection of the public, as determined by the rules of the commission.
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(d) The records and information provided to a member state pursuant to this
11compact or through the data system, when certified by the commission or an agent
12thereof, shall constitute the authenticated business records of the commission, and
13shall be entitled to any associated hearsay exception in any relevant judicial,
14quasi-judicial or administrative proceedings in a member state.
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(e) Current significant investigative information pertaining to a licensee in any
16member state will only be available to other member states.
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1. It is the responsibility of the member states to report any adverse action
18against a licensee and to monitor the database to determine whether adverse action
19has been taken against a licensee. Adverse action information pertaining to a
20licensee in any member state will be available to any other member state.
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(f) Member states contributing information to the data system may designate
22information that may not be shared with the public without the express permission
23of the contributing state.
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1(g) Any information submitted to the data system that is subsequently
2expunged pursuant to federal law or the laws of the member state contributing the
3information shall be removed from the data system.
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4(12) Rule making. (a) The commission shall promulgate reasonable rules in
5order to effectively and efficiently implement and administer the purposes and
6provisions of the compact. A rule shall be invalid and have no force or effect only if
7a court of competent jurisdiction holds that the rule is invalid because the
8commission exercised its rule-making authority in a manner that is beyond the
9scope and purposes of the compact, or the powers granted hereunder, or based upon
10another applicable standard of review.
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(b) The rules of the commission shall have the force of law in each member state,
12provided however that where the rules of the commission conflict with the laws of the
13member state that establish the member state's laws, regulations, and applicable
14standards that govern the practice of social work as held by a court of competent
15jurisdiction, the rules of the commission shall be ineffective in that state to the extent
16of the conflict.
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(c) The commission shall exercise its rule-making powers pursuant to the
18criteria set forth in this subsection and the rules adopted thereunder. Rules shall
19become binding on the day following adoption or the date specified in the rule or
20amendment, whichever is later.
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(d) If a majority of the legislatures of the member states rejects a rule or portion
22of a rule, by enactment of a statute or resolution in the same manner used to adopt
23the compact within four (4) years of the date of adoption of the rule, then such rule
24shall have no further force and effect in any member state.
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(e) Rules shall be adopted at a regular or special meeting of the commission.
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1(f) Prior to adoption of a proposed rule, the commission shall hold a public
2hearing and allow persons to provide oral and written comments, data, facts,
3opinions, and arguments.
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(g) Prior to adoption of a proposed rule by the commission, and at least thirty
5(30) days in advance of the meeting at which the commission will hold a public
6hearing on the proposed rule, the commission shall provide a notice of proposed rule
7making:
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1. On the website of the commission or other publicly accessible platform;
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2. To persons who have requested notice of the commission's notices of proposed
10rule making, and
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3. In such other way(s) as the commission may by rule specify.
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(h) The notice of proposed rule making shall include:
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1. The time, date, and location of the public hearing at which the commission
14will hear public comments on the proposed rule and, if different, the time, date, and
15location of the meeting where the commission will consider and vote on the proposed
16rule;
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2. If the hearing is held via telecommunication, video conference, or other
18electronic means, the commission shall include the mechanism for access to the
19hearing in the notice of proposed rule making;
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3. The text of the proposed rule and the reason therefor;
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4. A request for comments on the proposed rule from any interested person; and
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5. The manner in which interested persons may submit written comments.
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(i) All hearings will be recorded. A copy of the recording and all written
24comments and documents received by the commission in response to the proposed
25rule shall be available to the public.
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1(j) Nothing in this subsection shall be construed as requiring a separate
2hearing on each rule. Rules may be grouped for the convenience of the commission
3at hearings required by this subsection.
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(k) The commission shall, by majority vote of all members, take final action on
5the proposed rule based on the rule-making record and the full text of the rule.
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1. The commission may adopt changes to the proposed rule provided the
7changes do not enlarge the original purpose of the proposed rule.
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2. The commission shall provide an explanation of the reasons for substantive
9changes made to the proposed rule as well as reasons for substantive changes not
10made that were recommended by commenters.
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3. The commission shall determine a reasonable effective date for the rule.
12Except for an emergency as provided in par. (L), the effective date of the rule shall
13be no sooner than 30 days after issuing the notice that it adopted or amended the rule.