(a)Oversight:
(i)The executive, legislative and judicial branches
of state governments in each member state shall enforce this
compact and shall take all actions necessary and appropriate to
effectuate the compact's purposes and intent. The provisions of
this compact shall have standing as statutory law;
(ii)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 interstate commission;
(iii)The interstate commission shall be entitled to
receive all service of process in any such proceeding, and shall
have standing to intervene in the proceeding for all purposes.
Failure to provide service of process to
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(a) Oversight:
(i) The executive, legislative and judicial branches
of state governments in each member state shall enforce this
compact and shall take all actions necessary and appropriate to
effectuate the compact's purposes and intent. The provisions of
this compact shall have standing as statutory law;
(ii) 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 interstate commission;
(iii) The interstate commission shall be entitled to
receive all service of process in any such proceeding, and shall
have standing to intervene in the proceeding for all purposes.
Failure to provide service of process to the interstate
commission shall render a judgment or order void as to the
interstate commission, this compact or promulgated rules.
(b) If the interstate commission determines that a member
state has defaulted in the performance of its obligations or
responsibilities under this compact, or the bylaws or
promulgated rules, the interstate commission shall:
(i) Provide written notice to the defaulting state
and other member states, of the nature of the default, the means
of curing the default and any action taken by the interstate
commission. The interstate commission shall specify the
conditions by which the defaulting state must cure its default;
(ii) Provide remedial training and specific technical
assistance regarding the default;
(iii) If the defaulting state fails to cure the
default, the defaulting state shall 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 shall be terminated from 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 the default;
(iv) Suspension or 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 interstate commission to the
governor, the majority and minority leaders of the defaulting
state's legislature, and each of the member states;
(v) The state which has been suspended or terminated
is responsible for all assessments, obligations and liabilities
incurred through the effective date of suspension or termination
including obligations, the performance of which extends beyond
the effective date of suspension or termination;
(vi) The interstate commission shall not bear any
costs relating to any state that has been found to be in default
or which has been suspended or terminated from the compact,
unless otherwise mutually agreed upon in writing between the
interstate commission and the defaulting state;
(vii) The defaulting state may appeal the action of
the interstate commission by petitioning the United States
district court for the District of Columbia or the federal
district where the interstate commission has its principal
offices. The prevailing party shall be awarded all costs of such
litigation including reasonable attorney's fees.
(c) Dispute resolution:
(i) The interstate commission shall attempt, upon the
request of a member state, to resolve disputes which are subject
to the compact and which may arise among member states and
between member and nonmember states;
(ii) The interstate commission shall promulgate a
rule providing for both mediation and binding dispute resolution
for disputes as appropriate.
(d) Enforcement:
(i) The interstate commission, in the reasonable
exercise of its discretion, shall enforce the provisions and
rules of this compact;
(ii) The interstate commission, may by majority vote
of the members, initiate legal action in the United States
district court for the District of Columbia or, at the
discretion of the interstate commission, in the federal district
where the interstate commission has its principal offices, to
enforce compliance with the provisions of the compact, its
promulgated rules and bylaws, against a member state in default.
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 attorney's fees;
(iii) The remedies herein shall not be the exclusive
remedies of the interstate commission. The interstate
commission may avail itself of any other remedies available
under state law or the regulation of a profession.