§ 43-17.5-10 — Oversight, dispute resolution, and enforcement

North Dakota § 43-17.5-10

• Jurisdiction: North Dakota
• Title 43: Occupations and Professions
• Ch. 43-17.5: Physician Assistant Licensure Compact

Text

1. Oversight.
a. The executive and judicial branches of state government in each participating
state shall enforce this compact and take all actions necessary and appropriate to
implement the compact.
b. Venue is proper and judicial proceedings by or against the commission must be
brought solely and exclusively in a court of competent jurisdiction where the
principal office of the commission is located. The commission may waive venue
and jurisdictional defenses to the extent it adopts or consents to participate in
alternative dispute resolution proceedings. This compact does not affect or limit
the selection or propriety of venue in any action against a licensee for
professional malpractice, misconduct, or any such similar matter.
c. The commission is entitled to receive service of process in any proceeding
regarding the enforcement or interpretation of the compact or the commission's
rules and has standing to intervene in such a proceeding for all purposes. Failure
to provide the commission with service of process renders a judgment or order in
such proceeding void as to the commission, this compact, or commission rules.
2. Default, technical assistance, and termination.

a. If the commission determines that a participating state has defaulted in the
performance of its obligations or responsibilities under this compact or the
commission rules, the commission shall provide written notice to the defaulting
state and other participating states. The notice must describe the default, the
proposed means of curing the default, any other action the commission may take,
and offer 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 this compact upon an affirmative vote of a majority of the delegates of the
participating states, and all rights, privileges and benefits conferred by this
compact upon such state 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 participation in this compact must be imposed only after all other
means of securing compliance have been exhausted. The commission shall
provide notice of intent to suspend or terminate to the governor, the majority and
minority leaders of the defaulting state's legislature, and to the licensing board of
each of the participating 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 this compact, unless agreed upon in
writing between the commission and the defaulting state.
f. The defaulting state may appeal its termination from the compact by 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 must be awarded all costs of such litigation, including
reasonable attorney's fees.
g. Upon the termination of a state's participation in the compact, the state shall
immediately provide notice to all licensees within that state of such termination:
(1) Licensees who have been granted a compact privilege in that state shall
retain the compact privilege for one hundred eighty days following the
effective date of such termination.
(2) Licensees who are licensed in that state who have been granted a compact
privilege in a participating state shall retain the compact privilege for one
hundred eighty days unless the licensee also has a qualifying license in a
participating state or obtains a qualifying license in a participating state
before the one hundred eighty-day period ends, in which case the compact
privilege continues.
3. Dispute resolution.
a. Upon request by a participating state, the commission shall attempt to resolve
disputes related to this compact that arise among participating states and
between participating and nonparticipating states.
b. The commission shall promulgate a rule providing for both mediation and binding
dispute resolution for disputes as appropriate.
4. Enforcement.
a. The commission, in the reasonable exercise of its discretion, shall enforce the
provisions of this compact and rules of the commission.
b. If compliance is not secured after all means to secure compliance have been
exhausted, 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 participating state in default to
enforce compliance with the provisions of this compact and the commission's
promulgated rules and bylaws. The relief sought may include both injunctive relief
and damages. In the event judicial enforcement is necessary, the prevailing party
must be awarded all costs of such litigation, including reasonable attorney's fees.

c. The remedies in this subsection are not the exclusive remedies of the
commission. The commission may pursue any other remedies available under
federal or state law.
5. Legal action against the commission.
a. A participating state may initiate legal action against the commission in the United
States district court for the District of Columbia or the federal district where the
commission has its principal offices to enforce compliance with the provisions of
the compact and its rules. The relief sought may include both injunctive relief and
damages. In the event judicial enforcement is necessary, the prevailing party
must be awarded all costs of such litigation, including reasonable attorney's fees.
b. Any person other than a participating state may not enforce this compact against
the commission.