Indiana § 25-43-11-2 Default; termination from compact; responsibility for obligations or
costs; appeal; costs and attorney's fees

Indiana Statutes

§ 25-43-11-2 — Default; termination from compact; responsibility for obligations or costs; appeal; costs and attorney's fees

Indiana·Title 25 PROFESSIONS AND OCCUPATIONS·Art. 43 OCCUPATIONAL THERAPY LICENSURE·Ch. 11 Oversight, Dispute Resolution, and Enforcement

(a)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:

(1)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/or any other action to be taken by the commission; and

(2)provide remedial training and specific technical assistance regarding the default.

(b)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 do

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(a) 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:
(1) 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/or any other action to be taken by the
commission; and
(2) provide remedial training and specific technical assistance
regarding the default.
(b) 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.
(c) 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.
(d) 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.
(e) 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.
(f) The defaulting state may appeal the action of the commission by
petitioning the United States 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.

Indiana § 25-43-11-2 (Default; termination from compact; responsibility for obligations or costs; appeal; costs and attorney's fees) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.