§ 5-39.3-12. Oversight, dispute resolution, and enforcement.
(a) Oversight.
(1) 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 promulgated hereunder shall have standing as statutory law.
(2) 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.
(3) The commission shall be entitled to receive service of process in any such proceeding
and shall have standing to intervene in such a proceeding for all purposes. Failure
to provide service of process to the commission shall render a judgment or order void
as to the commission, this compact, or promulgated rules.
(b) Default, technical assistance, and termination.
(1) 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:
(i) 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
(ii) Provide remedial training and specific technical assistance regarding the default.
(c) 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.
(d) 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.
(e) 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.
(f) 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.
(g) The defaulting state may appeal the action of the commission by petitioning the U.S.
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 attorneys' fees.
(h) Dispute resolution.
(1) 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 non-member states.
(2) The commission shall promulgate a rule providing for both mediation and binding dispute
resolution for disputes as appropriate.
(i) Enforcement.
(1) The commission, in the reasonable exercise of its discretion, shall enforce the provisions
and rules of this compact.
(2) 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 promulgated rules and bylaws. The relief sought
may include both injunctive relief and damages. In the event judicial enforcement
is necessary, the prevailing member shall be awarded all costs of such litigation,
including reasonable attorneys' fees.
(3) The remedies herein shall not be the exclusive remedies of the commission. The commission
may pursue any other remedies available under federal or state law.