ARTICLE XIII. OVERSIGHT,
ENFORCEMENT, AND DISPUTE RESOLUTION
A.Oversight
1.The executive, legislative, and judicial branches of state
government in each member state shall enforce this compact and
take all actions necessary and appropriate to effectuate the
compact's purposes and intent. This compact and the rules
adopted under this compact have standing as statutory law.
2.All courts shall take judicial notice of this compact and the
rules adopted under this compact in any judicial or administrative
proceeding in a member state pertaining to the subject matter of
this compact that may affect the powers, responsibilities, or
actions of the interstate commission.
3.The interstate commission is entitled to receive all service of
process in any proceeding and has standing to intervene in
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ARTICLE XIII. OVERSIGHT,
ENFORCEMENT, AND DISPUTE RESOLUTION
A. Oversight
1. The executive, legislative, and judicial branches of state
government in each member state shall enforce this compact and
take all actions necessary and appropriate to effectuate the
compact's purposes and intent. This compact and the rules
adopted under this compact have standing as statutory law.
2. All courts shall take judicial notice of this compact and the
rules adopted under this compact in any judicial or administrative
proceeding in a member state pertaining to the subject matter of
this compact that may affect the powers, responsibilities, or
actions of the interstate commission.
3. The interstate commission is entitled to receive all service of
process in any proceeding and has standing to intervene in the
proceeding for all purposes. Failure to provide service of process
to the interstate commission renders a judgment or an order void
as to the interstate commission, this compact, or adopted rules.
B. If the interstate commission determines that a member state has
defaulted in the performance of its obligations or responsibilities under
this compact, the bylaws, or the adopted rules, the interstate
commission shall do the following:
1. Provide written notice to the defaulting state and other member
states of the nature of the default, the means of curing the default,
and any action taken by the interstate commission. The interstate
commission shall specify the conditions by which the defaulting
state must cure its default.
2. Provide remedial training and specific technical assistance
regarding the default.
3. If the defaulting state fails to cure the default, the defaulting
state shall be withdrawn from this compact upon an affirmative
vote of a majority of the member states, and all rights, privileges,
and benefits conferred by this compact are terminated from the
effective date of the defaulting state's withdrawal. A cure of the
default does not relieve the offending state of obligations or
liabilities incurred during the period of the default.
4. Suspension or 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 withdraw
shall be given by the interstate commission to the governor, the
majority and minority leaders of the defaulting state's legislature,
and each of the member states.
5. The member state that has been suspended or withdrawn is
responsible for all assessments, obligations, and liabilities
incurred through the effective date of its suspension or
termination, including obligations, the performance of which
extends beyond the effective date of suspension or withdrawal.
6. The interstate commission shall not bear any costs relating to
any member state that has been found to be in default or that has
been suspended or withdrawn from this compact unless otherwise
mutually agreed upon in writing between the interstate
commission and the defaulting member state.
7. The defaulting member state may appeal the action of the
interstate commission by petitioning the United States District
Court for the District of Columbia or the federal district where the
interstate 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. The interstate commission shall attempt, upon the request of a
member state, to resolve disputes that are subject to this compact
and that may arise among member states and between member
and nonmember states.
2. The interstate commission shall adopt a rule providing for both
mediation and binding dispute resolution for disputes as
appropriate.
D. Enforcement
1. The interstate commission, in the reasonable exercise of its
discretion, shall enforce the provisions and rules of this compact.
2. The interstate commission may, by majority vote of the
members, initiate legal action in the United States District Court
for the District of Columbia or, at the discretion of the interstate
commission, in the federal district where the interstate
commission has its principal offices, to enforce compliance with
this compact and its adopted rules and bylaws against a member
state in default. 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 set forth in this section are not the exclusive
remedies of the interstate commission. The interstate commission
may avail itself of any other remedies available under state law or
the regulation of a profession.