§ 20-A §20113 — Oversight, enforcement and dispute resolution - Article 13

Maine § 20-A §20113

• Jurisdiction: Maine
• Title 20-A: EDUCATION
• Part 10: INTERSTATE COMPACT ON EDUCATIONAL OPPORTUNITY FOR MILITARY CHILDREN

Text

1.
Oversight.
The executive, legislative and judicial branches of state government in each member state shall enforce the compact and shall take all actions necessary and appropriate to effectuate the compact's purposes and intent. The provisions of the compact and the rules promulgated under this chapter have standing as statutory law.
2.
Default.
If the interstate commission determines that a member state has defaulted in the performance of its obligations or responsibilities under the compact or the bylaws or promulgated rules, the interstate commission shall:
3.
Failure to cure.
If the defaulting state fails to cure the default, the defaulting state must be terminated from the compact upon an affirmative vote of a majority of the member states and all rights, privileges and benefits conferred by the compact must be terminated from the effective date of termination.
4.
Cure; obligations or liabilities incurred during default.
A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of the default.
5.
Suspension; termination.
Suspension or termination of membership in the compact may be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate must 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.
6.
Responsibility after suspension; termination.
The member state that has been suspended or terminated is responsible for all assessments, obligations and liabilities incurred through the effective date of suspension or termination including obligations, the performance of which extends beyond the effective date of suspension or termination.
7.
Responsibility of commission.
The interstate commission does not bear any costs relating to any state that has been found to be in default or that has been suspended or terminated from the compact, unless otherwise mutually agreed upon in writing between the interstate commission and the defaulting state.
8.
Appeal.
The defaulting 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 must be awarded all costs of such litigation including reasonable attorney's fees.
9.
Dispute resolution; rules.
The interstate commission shall attempt, upon the request of a member state, to resolve disputes that are subject to the compact and that may arise among member states and between member and nonmember states.
10.
Enforcement.
The interstate commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact.

Legislative History

PL 2009, c. 409, §1 (NEW).