This text of North Dakota § 43-40.1-11 (Oversight, dispute resolution, and enforcement) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
1.Oversight.
a.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 adopted hereunder have standing as statutory law.
b.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.
c.The commission is entitled to receive service of process in any such proceeding,
and has standing to intervene in such a proceeding for all purposes. Failure to
provide service of process to the commission rende
Free access — add to your briefcase to read the full text and ask questions with AI
1. Oversight.
a. 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 adopted hereunder have standing as statutory law.
b. 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.
c. The commission is entitled to receive service of process in any such proceeding,
and has standing to intervene in such a proceeding for all purposes. Failure to
provide service of process to the commission renders a judgment or order void as
to the commission, this compact, or adopted rules.
2. Default, technical assistance, and termination.
a. If the commission determines a member state has defaulted in the performance
of its obligations or responsibilities under this compact or the adopted 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 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 must 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 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 may not incur any costs related to a state that is found to be in
default or has been terminated from the compact, unless agreed on 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 must be awarded
all costs of litigation, including reasonable attorney's fees.
3. Dispute resolution.
a. 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.
b. The commission shall adopt 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 and rules of this compact.
b. 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 rules and bylaws. The relief
sought may include injunctive relief and damages. If judicial enforcement is
necessary, the prevailing member must be awarded all costs of litigation,
including reasonable attorney's fees.
c. The remedies herein are not the exclusive remedies of the commission. The
commission may pursue any other remedies available under federal or state law.