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Any state may submit an informal written request to the Executive Director for assistance in interpreting the rules of this compact. The Executive Director may seek the assistance of legal counsel, the Executive Committee, or both, in interpreting the rules. The Executive Committee may authorize its standing committees to assist in interpreting the rules. Interpretations of the rules shall be issued in writing by the Executive Director or the Executive Committee and shall be circulated to all of the states.

Disclaimer: Advisory Opinions are written in accordance with how a Rule is currently drafted. They are not intended for speculation or to encompass all scenarios, but are a legal interpretation of a Rule(s).

 

1-2009
ICJ 01-2009 Appropriate Appointing Authority.pdf
Rule(s):
Article III, Section B. & Section G
Date Issued:
Date Revised:
Requester:
ICJ
Description:

ICJ Appropriate Appointing Authority

Summary:

Using this analysis, the determination of whether an appointment of a commissioner is bona fide under the above referenced provisions of the Interstate Compact will depend upon establishing whether adequate documentation has been furnished to establish the ‘appropriate appointing authority’ has acted with respect to the appointment of the commissioner for that state.  This can be demonstrated by such items as a gubernatorial executive order or letter of appointment, a statutory provision which clearly delegates such authority to another state official and proof that the official to who receives such delegated power has in fact issued an appointment letter to the proponent seeking recognition as a commissioner. 

The above described procedure for the general appointment of a commissioner to act on behalf of a compact state under Article III, Section B. is a distinctly different process than the process which the compact provides in Article III, Section G. for the temporary appointment of another  authorized representative to represent and vote on behalf of a state at a specific ICJ meeting in the absence of the commissioner.  This temporary appointment for a specific meeting does not require the action by the ‘appropriate appointing authority’ and under the compact may be accomplished by action of the commissioner in consultation with the state council.

 

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