25-42-9-1. Party State Enforcement of Compact
Sec. 1. Each party state shall enforce this compact and take all actions necessary and appropriate to effectuate this compact’s purposes and intent. As added by P.L.135-2019, SEC.5.
25-42-9-2. Service of Process on the Commission
Sec. 2. The commission: (1) is entitled to receive service of process in a proceeding that may affect the powers, responsibilities, or actions of the commission; and (2) has standing to intervene in a proceeding described in subdivision (1) for all purposes. Failure to provide service of process in a proceeding to the commission renders […]
25-42-9-3. Default by a Party State
Sec. 3. If the commission determines that a party state has defaulted in the performance of the party state’s obligations or responsibilities under this compact or the promulgated rules, the commission shall: (1) provide written notice to the defaulting state and other party states of the nature of the default, the proposed means of curing […]
25-42-9-4. Failure to Cure a Default
Sec. 4. (a) If a state in default fails to cure the default, the defaulting state’s membership in this compact may be terminated upon an affirmative vote of a majority of the administrators, and all rights, privileges, and benefits conferred by this compact may be terminated on the effective date of termination. (b) A cure […]
25-42-9-5. Termination of Compact Membership
Sec. 5. Termination of membership in this compact must be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate must be given by the commission to the governor of the defaulting state and to the executive officer of the defaulting state’s licensing board and each […]
25-42-9-6. Responsibilities of Terminated Compact State
Sec. 6. A state whose membership in this compact 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. As added by P.L.135-2019, SEC.5.
25-42-9-7. Costs to Commission Concerning a Defaulted State
Sec. 7. The commission does not bear any costs related to a state that is found to be in default or whose membership in this compact has been terminated, unless agreed upon in writing between the commission and the defaulting state. As added by P.L.135-2019, SEC.5.
25-42-9-8. Appeal; Prevailing Party Costs
Sec. 8. 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 in which the commission has the commission’s principal offices. The prevailing party must be awarded all costs of the litigation, including reasonable attorney’s fees. As added by […]
25-42-9-9. Resolution of Disputes
Sec. 9. (a) Upon request by a party state, the commission shall attempt to resolve disputes related to this compact that arise among party states and between party and nonparty states. (b) The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes, as appropriate. (c) If the commission cannot […]
25-42-9-10. Enforcement by the Commission
Sec. 10. (a) The commission, in the reasonable exercise of the commission’s discretion, shall enforce the provisions and rules of this compact. (b) By majority vote, the commission may initiate legal action in the United States District Court for the District of Columbia or the federal district in which the commission has the commission’s principal […]