43-17.5-12. Construction and severability

43-17.5-12. Construction and severability 1. This compact and the commission's rulemaking authority must be liberally construed so as to effectuate the purposes, and the implementation and administration of the compact. Provisions of the compact expressly authorizing or requiring the promulgation of rules may not be construed to limit the commission's rulemaking authority solely for those purposes. 2. The provisions of this compact are severable and if any phrase, clause, sentence or provision of this compact is held by a court of competent jurisdiction to be contrary to the constitution of any participating state, a state seeking participation in the compact, or of the United States, or the applicability thereof to any government, agency, person or circumstance is held to be unconstitutional by a court of competent jurisdiction, the validity of the remainder of this compact and the applicability thereof to any other government, agency, person or circumstance are not affected thereby. 3. Notwithstanding this section, the commission may deny a state's participation in the compact or, in accordance with the requirements of section 43-17.5-10, terminate a participating state's participation in the compact, if it determines that a constitutional requirement of a participating state is, or would be with respect to a state seeking to participate in the compact, a material departure from the compact. Otherwise, if this compact is held to be contrary to the constitution of any participating state, the compact must remain in full force and effect as to the remaining participating states and in full force and effect as to the participating state affected as to all severable matters.