OVERSIGHT, DISPUTE RESOLUTION,
AND ENFORCEMENT
(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. The provisions of this Compact
and the rules promulgated hereunder shall have standing as
statutory law.
(2)All courts shall take judicial notice of the Compact and the
rules in any judicial or administrative proceeding in a member
state pertaining to the subject matter of this Compact which may
affect the powers, responsibilities, or actions of the Commission.
(3)The Commission shall be entitled to receive service of process
in any such proceeding, and shall have standing to intervene in
such a proceeding for all
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OVERSIGHT, DISPUTE RESOLUTION,
AND ENFORCEMENT
(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. The provisions of this Compact
and the rules promulgated hereunder shall have standing as
statutory law.
(2) All courts shall take judicial notice of the Compact and the
rules in any judicial or administrative proceeding in a member
state pertaining to the subject matter of this Compact which may
affect the powers, responsibilities, or actions of the Commission.
(3) The Commission shall be entitled to receive service of process
in any such proceeding, and shall have standing to intervene in
such a proceeding for all purposes. Failure to provide service of
process 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 member 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
member states of the nature of the default, the proposed means
of curing the default, and 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
may be terminated from the Compact upon an affirmative vote of
a majority of the member states, 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 the 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, the majority and minority
leaders of the defaulting state's legislature, and each of the
member states.
(4) A state that 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 that has been terminated from the
Compact, 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 where the Commission has its principal
offices. The prevailing member shall be awarded all costs of such
litigation, including reasonable attorney's fees.
(c) Dispute Resolution
(1) Upon request by a member state, the Commission shall
attempt to resolve disputes related to the Compact that arise
among member states and between member and nonmember
states.
(2) The Commission shall promulgate a rule providing for both
mediation and binding dispute resolution for disputes as
appropriate.
(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 United States District Court for the District of Columbia or the
federal district where the Commission has its principal offices
against a member state in default to enforce compliance with the
provisions of the 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
member 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.