§ 5-64.2-12. Oversight, dispute resolution, and enforcement.
(a) Oversight.
(1) The executive and judicial branches of state government in each member state shall
enforce this compact and take all actions necessary and appropriate to implement this
compact.
(2) Except as otherwise provided in this chapter, venue is proper and judicial proceedings
by or against the compact commission shall be brought solely and exclusively in a
court of competent jurisdiction where the principal office of the compact commission
is located. The compact commission may waive venue and jurisdictional defenses to
the extent it adopts or consents to participate in alternative dispute resolution
proceedings. Nothing herein shall affect or limit the selection or propriety of venue
in any action against a licensee for professional malpractice, misconduct, or any
such similar matter.
(3) The compact commission shall be entitled to receive service of process in any proceeding
regarding the enforcement or interpretation of the compact and shall have standing
to intervene in such a proceeding for all purposes. Failure to provide the compact
commission service of process shall render a judgment or order void as to the compact
commission, this compact, or promulgated rules.
(b) Default, technical assistance, and termination.
(1) If the compact commission determines that a member state has defaulted in the performance
of its obligations or responsibilities under this chapter or the promulgated rules,
the compact commission shall provide written notice to the defaulting state. The notice
of default shall describe the default, the proposed means of curing the default, and
any other action that the compact commission may take and shall offer training and
specific technical assistance regarding the default.
(2) The compact commission shall provide a copy of the notice of default to the other
member states.
(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 delegates of the member
states, and all rights, privileges, and benefits conferred on that state 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 compact commission to the governor, the majority and minority
leaders of the defaulting state's legislature, the defaulting state's licensing authority,
and each of the member states' licensing authority.
(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) Upon the termination of a state's membership from this compact, that state shall immediately
provide notice to all licensees within that state of such termination. The terminated
state shall continue to recognize all compact privileges granted pursuant to this
compact for a minimum of six (6) months after the date of said notice of termination.
(g) The compact 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 compact commission and the defaulting state.
(h) The defaulting state may appeal the action of the compact commission by petitioning
the U.S. District Court for the District of Columbia or the federal district where
the compact commission has its principal offices. The prevailing party shall be awarded
all costs of such litigation, including reasonable attorneys' fees.
(i) Dispute resolution.
(1) Upon request by a member state, the compact commission shall attempt to resolve disputes
related to the compact that arise among member states and between member and non-member
states.
(2) The compact commission shall promulgate a rule providing for both mediation and binding
dispute resolution for disputes as appropriate.
(j) Enforcement.
(1) By supermajority vote, the compact commission may initiate legal action against a
member state in default in the United States District Court for the District of Columbia
or the federal district where the compact commission has its principal offices to
enforce compliance with the provisions of the compact and its promulgated rules. The
relief sought may include both injunctive relief and damages. In the event judicial
enforcement is necessary, the prevailing party shall be awarded all costs of such
litigation, including reasonable attorneys' fees. The remedies herein shall not be
the exclusive remedies of the compact commission. The compact commission may pursue
any other remedies available under federal or the defaulting member state's law.
(2) A member state may initiate legal action against the compact commission in the U.S.
District Court for the District of Columbia or the federal district where the compact
commission has its principal offices to enforce compliance with the provisions of
the compact and its promulgated rules. The relief sought may include both injunctive
relief and damages. In the event judicial enforcement is necessary, the prevailing
party shall be awarded all costs of such litigation, including reasonable attorneys'
fees.
(3) No party other than a member state shall enforce this compact against the compact
commission.