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 […]
25-42-8-4. Information Required in Rulemaking Notice
Sec. 4. The notice of proposed rulemaking must include all of the following: (1) The proposed time, date, and location of the meeting at which the rule will be considered and voted on. (2) The text of the proposed rule or amendment and the reason for the proposed rule. (3) A request for comments on […]
25-42-10-1. Withdraw From Compact; Repealing Statute; Requirements; Amendments
Sec. 1. (a) Any party state may withdraw from this compact by enacting a statute repealing the compact. A party state’s withdrawal does not take effect until six (6) months after enactment of the repealing statute. (b) A party state’s withdrawal or termination does not affect the continuing requirement of the withdrawing or terminated state’s […]