§ 3313 — Oversight, enforcement, and dispute resolution

§ 3313. Oversight, enforcement, and dispute resolution. 1. (a) All\ncourts shall take judicial notice of the compact and the rules in any\njudicial or administrative proceeding in a member state pertaining to\nthe subject matter of this compact which may affect the powers,\nresponsibilities or actions of the interstate commission.\n (b) The interstate commission shall be entitled to receive all service\nof process in any such proceeding, and shall have standing to intervene\nin the proceeding for all purposes. Failure to provide service of\nprocess to the interstate commission shall render a judgment or order\nvoid as to the interstate commission, this compact or promulgated rules.\n 2. If the interstate commission determines that a member state has\ndefaulted in the performance of its obligations or responsibilities\nunder this compact, or the bylaws or promulgated rules, the interstate\ncommission shall:\n (a) Provide written notice to the defaulting state and other member\nstates, of the nature of the default, the means of curing the default\nand any action taken by the interstate commission. The interstate\ncommission shall specify the conditions by which the defaulting state\nmust cure its default.\n (b) Provide remedial training and specific technical assistance\nregarding the default.\n (c) If the defaulting state fails to cure the default, the defaulting\nstate shall be terminated from the compact upon an affirmative vote of a\nmajority of the member states and all rights, privileges and benefits\nconferred by this compact shall be terminated from the effective date of\ntermination. A cure of the default does not relieve the offending state\nof obligations or liabilities incurred during the period of the default.\n (d) Suspension or termination of membership in the compact shall be\nimposed only after all other means of securing compliance have been\nexhausted. Notice of intent to suspend or terminate shall be given by\nthe interstate commission to the governor, the majority and minority\nleaders of the defaulting state's legislature, and each of the member\nstates.\n (e) The state which has been suspended or terminated is responsible\nfor all assessments, obligations and liabilities incurred through the\neffective date of suspension or termination including obligations, the\nperformance of which extends beyond the effective date of suspension or\ntermination.\n (f) The interstate commission shall not bear any costs relating to any\nstate that has been found to be in default or which has been suspended\nor terminated from the compact, unless otherwise mutually agreed upon in\nwriting between the interstate commission and the defaulting state.\n (g) The defaulting state may appeal the action of the interstate\ncommission by petitioning the United States district court for the\nDistrict of Columbia or the federal district where the interstate\ncommission has its principal offices. The prevailing party shall be\nawarded all costs of such litigation including reasonable attorney's\nfees.\n 3. (a) The interstate commission shall attempt, upon the request of a\nmember state, to resolve disputes which are subject to the compact and\nwhich may arise among member states and between member and non-member\nstates.\n (b) The interstate commission shall promulgate a rule providing for\nboth mediation and binding dispute resolution for disputes as\nappropriate.\n 4. (a) The interstate commission, in the reasonable exercise of its\ndiscretion, shall enforce the provisions and rules of this compact.\n (b) The interstate commission, may by majority vote of the members,\ninitiate legal action in the United States district court for the\nDistrict of Columbia or, at the discretion of the interstate commission,\nin the federal district where the interstate commission has its\nprincipal offices, to enforce compliance with the provisions of the\ncompact, its promulgated rules and bylaws, against a member state in\ndefault. The relief sought may include both injunctive relief and\ndamages. In the event judicial enforcement is necessary the prevailing\nparty shall be awarded all costs of such litigation including reasonable\nattorney's fees.\n (c) The remedies herein shall not be the exclusive remedies of the\ninterstate commission. The interstate commission may avail itself of any\nother remedies available under state law or the regulation of a\nprofession.\n