5-54.1-11. Oversight, dispute resolution, and enforcement.

(a) Oversight

(1) The executive and judicial branches of state government in each participating state shall

enforce this compact and take all actions necessary and appropriate to implement the compact.

(2) Venue is proper and judicial proceedings by or against the commission shall be brought

solely and exclusively in a court of competent jurisdiction where the principal office of the

commission is located. The 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 commission shall be entitled to receive service of process in any proceeding

regarding the enforcement or interpretation of the compact or the commission’s rules and shall have

standing to intervene in such a proceeding for all purposes. Failure to provide the commission with

service of process shall render a judgment or order in such proceeding void as to the commission,

this compact, or commission rules.

(b) Default, technical assistance, and termination.

(1) If the commission determines that a participating state has defaulted in the performance

of its obligations or responsibilities under this compact or the commission rules, the commission

shall provide written notice to the defaulting state and other participating states. The notice shall

describe the default, the proposed means of curing the default and any other action that the

commission may take and shall offer remedial training and specific technical assistance regarding

the default.

(2) If a state in default fails to cure the default, the defaulting state may be terminated from

this compact upon an affirmative vote of a majority of the delegates of the participating states, and

all rights, privileges and benefits conferred by this compact upon such state 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.

(3) Termination of participation in this 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 to the licensing board(s) of each of the participating states.

(4) 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.

(5) The commission shall not bear any costs related to a state that is found to be in default

or that has been terminated from this compact, unless agreed upon in writing between the

commission and the defaulting state.

(6) The defaulting state may appeal its termination from the compact by 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.

(7) Upon the termination of a state’s participation in the compact, the state shall

immediately provide notice to all licensees within that state of such termination:

(ii) Licensees who are licensed in that state who have been granted a compact privilege in

a participating state shall retain the compact privilege for one hundred eighty (180) days unless the

licensee also has a qualifying license in a participating state or obtains a qualifying license in a

participating state before the one hundred eighty (180) day-period ends, in which case the compact

privilege shall continue.

(c) Dispute resolution.

(1) Upon request by a participating state, the commission shall attempt to resolve disputes

related to this compact that arise among participating states and between participating and non

participating states.

(2) The commission shall promulgate a rule providing for both mediation and binding

dispute resolution for disputes as appropriate.

(d) Enforcement.

(1) The commission, in the reasonable exercise of its discretion, shall enforce the

provisions of this compact and rules of the commission.

(2) If compliance is not secured after all means to secure compliance have been exhausted,

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 participating state in default to enforce compliance with the provisions of this compact

and the commission’s promulgated rules and bylaws. 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.

(3) 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.

(e) Legal action against the commission.

(1) A participating state may initiate legal action against the commission in the United

States District Court for the District of Columbia or the federal district where the commission has

its principal offices to enforce compliance with the provisions of the compact and its 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

attorney’s fees.

(2) No person other than a participating state shall enforce this compact against the

commission.