§ 33-40-213 — [SECTION 11] Oversight, dispute resolution and enforcement

Wyoming § 33-40-213

• Jurisdiction: Wyoming
• Title 33: Professions and Occupations
• Ch. 40: OCCUPATIONAL THERAPY PRACTICE
• Art. 2: OCCUPATIONAL THERAPY LICENSURE COMPACT

Text

(a) Oversight:
(i) 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;
(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 commission;
(iii) 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:
(i) 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:
(A) 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
(B) Provide remedial training and specific
technical assistance regarding the default.
(ii) 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;
(iii) 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;
(iv) 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;
(v) 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;
(vi) 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
shall be awarded all costs of such litigation, including
reasonable attorney's fees.
(c) Dispute resolution:
(i) 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;
(ii) The commission shall promulgate a rule providing
for both mediation and binding dispute resolution for disputes
as appropriate.
(d) Enforcement:
(i) The commission, in the reasonable exercise of its
discretion, shall enforce the provisions and rules of this
compact;
(ii) 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
attorney's fees;
(iii) 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.