§ 1647i. Oversight, dispute resolution, and enforcement
(a) Oversight.
(1) Each party state shall enforce this Compact and take all actions necessary and appropriate
to effectuate this Compact’s purposes and intent.
(2) The Commission shall be entitled to receive service of process in any proceeding that
may affect the powers, responsibilities, or actions of the Commission and shall have
standing to intervene in such a proceeding for all purposes. Failure to provide service
of process in such proceeding to the Commission shall render a judgment or order void
as to the Commission, this Compact, or promulgated rules.
(b) Default, technical assistance, and termination.
(1) If the Commission determines that a party state has defaulted in the performance of
its obligations or responsibilities under this Compact or the promulgated rules, the
Commission shall:
(A) provide written notice to the defaulting state and other party states of the nature
of the default, the proposed means of curing the default, or any other action to be
taken by the Commission; and
(B) provide remedial training and specific technical assistance regarding the default.
(2) If a state in default fails to cure the default, the defaulting state’s membership
in this Compact may be terminated upon an affirmative vote of a majority of the administrators,
and all rights, privileges, and benefits conferred by this Compact may be terminated
on the effective date of termination. A cure of the default does not relieve the offending
state of obligations or liabilities incurred during the period of default.
(3) Termination of membership in this Compact shall be imposed only after all other means
of securing compliance have been exhausted. Notice of intent to suspend or terminate
shall be given by the Commission to the governor of the defaulting state and to the
executive officer of the defaulting state’s licensing board and each of the party
states.
(4) A state whose membership in this Compact has been terminated is responsible for all
assessments, obligations, and liabilities incurred through the effective date of termination,
including obligations that extend beyond the effective date of termination.
(5) The Commission shall not bear any costs related to a state that is found to be in
default or whose membership in this Compact has been terminated unless agreed upon
in writing between the Commission and the defaulting state.
(6) The defaulting state may appeal the action of the Commission by petitioning the U.S.
District Court for the District of Columbia or the federal district in which the Commission
has its principal offices. The prevailing party shall be awarded all costs of such
litigation, including reasonable attorney’s fees.
(c) Dispute resolution.
(1) Upon request by a party state, the Commission shall attempt to resolve disputes related
to the Compact that arise among party states and between party and non-party states.
(2) The Commission shall promulgate a rule providing for both mediation and binding dispute
resolution for disputes, as appropriate.
(3) In the event the Commission cannot resolve disputes among party states arising under
this Compact:
(A) The party states may submit the issues in dispute to an arbitration panel, which will
be composed of individuals appointed by the Compact administrator in each of the affected
party states and an individual mutually agreed upon by the Compact administrators
of all the party states involved in the dispute.
(B) The decision of a majority of the arbitrators shall be final and binding.
(d) Enforcement.
(1) The Commission, in the reasonable exercise of its discretion, shall enforce the provisions
and rules of this Compact.
(2) By majority vote, the Commission may initiate legal action in the U.S. District Court
for the District of Columbia or the federal district in which the Commission has its
principal offices against a party state that is in default to enforce compliance with
the provisions of this Compact and its promulgated rules and bylaws. The relief sought
may include both injunctive relief and damages. In the event judicial enforcement
is necessary, the prevailing party shall be awarded all costs of such litigation,
including reasonable attorney’s fees.
(3) The remedies herein shall not be the exclusive remedies of the Commission. The Commission
may pursue any other remedies available under federal or state law. (Added 2021, No. 64, § 1, eff. Feb. 1, 2022.)