{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/54.1-3040.9.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/54.1-3040.9.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/54.1-3040.9.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/54.1-3040.9.html"}],"law_id":55145,"edition_id":1,"section_id":55145,"structure_id":13069,"section_number":"54.1-3040.9","catch_line":"Oversight, dispute resolution, and enforcement","history":"2016, c. 108.","full_text":"A\n\nOversight.1\n\nEach party state shall enforce this Compact and take all actions necessary and appropriate to effectuate this Compact&#8217;s purposes and intent.2\n\nThe Commission shall be entitled to receive service of process in any proceeding that may affect the powers, responsibilities, or actions of the Commission and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service of process in such proceeding to the Commission shall render a judgment or order void as to the Commission, this Compact, or promulgated rules.B\n\nDefault, technical assistance and termination.1\n\nIf the Commission determines that a party state has defaulted in the performance of its obligations or responsibilities under this Compact or the promulgated rules, the Commission shall:\n\t\t\t\ta. Provide written notice to the defaulting state and other party states of the nature of the default, the proposed means of curing the default, or any other action to be taken by the Commission; and\n\t\t\t\tb. Provide remedial training and specific technical assistance regarding the default.2\n\nIf a state in default fails to cure the default, the defaulting state&#8217;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. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.3\n\nTermination of membership 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 of the defaulting state and to the executive officer of the defaulting state&#8217;s licensing board and to each of the party states.4\n\nA 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.5\n\nThe Commission shall 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.6\n\nThe defaulting state may appeal the action of the Commission by petitioning the U.S. District Court for the District of Columbia or the federal district in which the Commission has its principal offices. The prevailing party shall be awarded all costs of such litigation, including reasonable attorney fees.C\n\nDispute resolution.1\n\nUpon request by a party state, the Commission shall attempt to resolve disputes related to the Compact that arise among party states and between party and non-party states.2\n\nThe Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes, as appropriate.3\n\nIn the event the Commission cannot resolve disputes among party states arising under this Compact:\n\t\t\t\ta. The party states may submit the issues in dispute to an arbitration panel, which will be comprised of individuals appointed by the Compact administrator in each of the affected party states and an individual mutually agreed upon by the Compact administrators of all the party states involved in the dispute.\n\t\t\t\tb. The decision of a majority of the arbitrators shall be final and binding.D\n\nEnforcement.1\n\nThe Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this Compact.2\n\nBy majority vote, the Commission may initiate legal action in the U.S. District Court for the District of Columbia or the federal district in which the Commission has its principal offices against a party state that is in default to enforce compliance with the provisions of this 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 party shall be awarded all costs of such litigation, including reasonable attorney fees.3\n\nThe remedies herein shall not be the exclusive remedies of the Commission. The Commission may pursue any other remedies available under federal or state law.","order_by":null,"text":{"0":{"id":202171,"text":"Oversight.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":202172,"text":"Each party state shall enforce this Compact and take all actions necessary and appropriate to effectuate this Compact&#8217;s purposes and intent.","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":202173,"text":"The Commission shall be entitled to receive service of process in any proceeding that may affect the powers, responsibilities, or actions of the Commission and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service of process in such proceeding to the Commission shall render a judgment or order void as to the Commission, this Compact, or promulgated rules.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"B"},"3":{"id":202174,"text":"Default, technical assistance and termination.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2","next_prefix":"B1"},"4":{"id":202175,"text":"If the Commission determines that a party state has defaulted in the performance of its obligations or responsibilities under this Compact or the promulgated rules, the Commission shall:\n\t\t\t\ta. Provide written notice to the defaulting state and other party states of the nature of the default, the proposed means of curing the default, or any other action to be taken by the Commission; and\n\t\t\t\tb. Provide remedial training and specific technical assistance regarding the default.","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"5":{"id":202176,"text":"If a state in default fails to cure the default, the defaulting state&#8217;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. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"6":{"id":202177,"text":"Termination of membership 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 of the defaulting state and to the executive officer of the defaulting state&#8217;s licensing board and to each of the party states.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"7":{"id":202178,"text":"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.","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"8":{"id":202179,"text":"The Commission shall 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.","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"B6"},"9":{"id":202180,"text":"The defaulting state may appeal the action of the Commission by petitioning the U.S. District Court for the District of Columbia or the federal district in which the Commission has its principal offices. The prevailing party shall be awarded all costs of such litigation, including reasonable attorney fees.","type":"section","prefixes":["B","6"],"prefix":"6","entire_prefix":"B6","prefix_anchor":"B6","level":2,"prior_prefix":"B5","next_prefix":"C"},"10":{"id":202181,"text":"Dispute resolution.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B6","next_prefix":"C1"},"11":{"id":202182,"text":"Upon request by a party state, the Commission shall attempt to resolve disputes related to the Compact that arise among party states and between party and non-party states.","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"12":{"id":202183,"text":"The Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes, as appropriate.","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"13":{"id":202184,"text":"In the event the Commission cannot resolve disputes among party states arising under this Compact:\n\t\t\t\ta. The party states may submit the issues in dispute to an arbitration panel, which will be comprised of individuals appointed by the Compact administrator in each of the affected party states and an individual mutually agreed upon by the Compact administrators of all the party states involved in the dispute.\n\t\t\t\tb. The decision of a majority of the arbitrators shall be final and binding.","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"D"},"14":{"id":202185,"text":"Enforcement.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C3","next_prefix":"D1"},"15":{"id":202186,"text":"The Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this Compact.","type":"section","prefixes":["D","1"],"prefix":"1","entire_prefix":"D1","prefix_anchor":"D1","level":2,"prior_prefix":"D","next_prefix":"D2"},"16":{"id":202187,"text":"By majority vote, the Commission may initiate legal action in the U.S. District Court for the District of Columbia or the federal district in which the Commission has its principal offices against a party state that is in default to enforce compliance with the provisions of this 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 party shall be awarded all costs of such litigation, including reasonable attorney fees.","type":"section","prefixes":["D","2"],"prefix":"2","entire_prefix":"D2","prefix_anchor":"D2","level":2,"prior_prefix":"D1","next_prefix":"D3"},"17":{"id":202188,"text":"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.","type":"section","prefixes":["D","3"],"prefix":"3","entire_prefix":"D3","prefix_anchor":"D3","level":2,"prior_prefix":"D2"}},"ancestry":[{"id":13069,"edition_id":1,"name":"Nurse Licensure Compact","identifier":"6.1","label":"article","depth":4,"order_by":1,"parent_id":13068,"metadata":{},"date_created":"2026-06-26 03:44:13","date_modified":"2026-06-26 03:44:13","permalink":{"id":242885,"object_type":"structure","relational_id":13069,"identifier":"6.1","token":"54.1\/III\/30\/6.1","url":"\/54.1\/III\/30\/6.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13068,"edition_id":1,"name":"Nursing","identifier":"30","label":"chapter","depth":3,"order_by":1,"parent_id":12758,"metadata":{},"date_created":"2026-06-26 03:44:13","date_modified":"2026-06-26 03:44:13","permalink":{"id":242687,"object_type":"structure","relational_id":13068,"identifier":"30","token":"54.1\/III\/30","url":"\/54.1\/III\/30\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12758,"edition_id":1,"name":"Professions and Occupations Regulated by Boards Within the Department of Health Professions","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12754,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":241105,"object_type":"structure","relational_id":12758,"identifier":"III","token":"54.1\/III","url":"\/54.1\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12754,"edition_id":1,"name":"Professions and Occupations","identifier":"54.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":239313,"object_type":"structure","relational_id":12754,"identifier":"54.1","token":"54.1","url":"\/54.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":60922,"structure_id":13069,"section_number":"54.1-3040.1","catch_line":"Findings and declaration of purpose","url":"\/54.1-3040.1\/","token":"54.1\/III\/30\/6.1\/54.1-3040.1","metadata":false},{"id":69014,"structure_id":13069,"section_number":"54.1-3040.10","catch_line":"Effective date, withdrawal, and amendment","url":"\/54.1-3040.10\/","token":"54.1\/III\/30\/6.1\/54.1-3040.10","metadata":false},{"id":83589,"structure_id":13069,"section_number":"54.1-3040.11","catch_line":"Construction and severability","url":"\/54.1-3040.11\/","token":"54.1\/III\/30\/6.1\/54.1-3040.11","metadata":false},{"id":62319,"structure_id":13069,"section_number":"54.1-3040.2","catch_line":"Definitions","url":"\/54.1-3040.2\/","token":"54.1\/III\/30\/6.1\/54.1-3040.2","metadata":false},{"id":71901,"structure_id":13069,"section_number":"54.1-3040.3","catch_line":"General provisions and jurisdiction","url":"\/54.1-3040.3\/","token":"54.1\/III\/30\/6.1\/54.1-3040.3","metadata":false},{"id":81413,"structure_id":13069,"section_number":"54.1-3040.4","catch_line":"Applications for licensure in a party state","url":"\/54.1-3040.4\/","token":"54.1\/III\/30\/6.1\/54.1-3040.4","metadata":false},{"id":68840,"structure_id":13069,"section_number":"54.1-3040.5","catch_line":"Additional authorities invested in party state licensing boards","url":"\/54.1-3040.5\/","token":"54.1\/III\/30\/6.1\/54.1-3040.5","metadata":false},{"id":73030,"structure_id":13069,"section_number":"54.1-3040.6","catch_line":"Coordinated licensure information system and exchange of information","url":"\/54.1-3040.6\/","token":"54.1\/III\/30\/6.1\/54.1-3040.6","metadata":false},{"id":61687,"structure_id":13069,"section_number":"54.1-3040.7","catch_line":"Establishment of the Interstate Commission of Nurse Licensure Compact Administrators","url":"\/54.1-3040.7\/","token":"54.1\/III\/30\/6.1\/54.1-3040.7","metadata":false},{"id":54121,"structure_id":13069,"section_number":"54.1-3040.8","catch_line":"Rulemaking","url":"\/54.1-3040.8\/","token":"54.1\/III\/30\/6.1\/54.1-3040.8","metadata":false},{"id":55145,"structure_id":13069,"section_number":"54.1-3040.9","catch_line":"Oversight, dispute resolution, and enforcement","url":"\/54.1-3040.9\/","token":"54.1\/III\/30\/6.1\/54.1-3040.9","metadata":false}],"previous_section":{"id":54121,"structure_id":13069,"section_number":"54.1-3040.8","catch_line":"Rulemaking","url":"\/54.1-3040.8\/","token":"54.1\/III\/30\/6.1\/54.1-3040.8","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/54.1-3040.9\/","history_text":"<p>This law was first created in 2016. The record of its establishment is cataloged in chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?161+ful+CHAP0108\">108<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":false,"permalink":{"id":242927,"object_type":"law","relational_id":55145,"identifier":"54.1-3040.9","token":"54.1\/III\/30\/6.1\/54.1-3040.9","url":"\/54.1-3040.9\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/54.1-3040.9\/","token":"54.1\/III\/30\/6.1\/54.1-3040.9","dublin_core":{"Title":"Oversight, dispute resolution, and enforcement","Type":"Text","Format":"text\/html","Identifier":"\u00a7 54.1-3040.9","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> Oversight. <a id=\"paragraph-202171\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/54.1-3040.9\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> Each <span class=\"dictionary\">party<\/span> state shall enforce this Compact and take all actions necessary and appropriate to effectuate this Compact&#8217;s purposes and <span class=\"dictionary\">intent<\/span>. <a id=\"paragraph-202172\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/54.1-3040.9\/#A1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> The Commission shall be entitled to receive <span class=\"dictionary\">service of process<\/span> in any proceeding that may affect the powers, responsibilities, or actions of the Commission and shall have standing to intervene in such a proceeding for all purposes. Failure to provide <span class=\"dictionary\">service of process<\/span> in such proceeding to the Commission shall render a <span class=\"dictionary\">judgment<\/span> or <span class=\"dictionary\">order<\/span> void as to the Commission, this Compact, or promulgated rules. <a id=\"paragraph-202173\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/54.1-3040.9\/#A2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> <span class=\"dictionary\">Default<\/span>, technical assistance and termination. <a id=\"paragraph-202174\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/54.1-3040.9\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> If the Commission determines that a <span class=\"dictionary\">party<\/span> state has defaulted in the performance of its obligations or responsibilities under this Compact or the promulgated rules, the Commission shall:\n\t\t\t\ta. Provide written notice to the defaulting state and other <span class=\"dictionary\">party<\/span> states of the nature of the <span class=\"dictionary\">default<\/span>, the proposed means of curing the <span class=\"dictionary\">default<\/span>, or any other action to be taken by the Commission; and\n\t\t\t\tb. Provide remedial training and specific technical assistance regarding the <span class=\"dictionary\">default<\/span>. <a id=\"paragraph-202175\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/54.1-3040.9\/#B1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> If a state in <span class=\"dictionary\">default<\/span> fails to cure the <span class=\"dictionary\">default<\/span>, the defaulting state&#8217;s membership in this Compact may be terminated upon an affirmative vote of a majority of the administrators, and all rights, <span class=\"dictionary\">privileges<\/span>, and benefits conferred by this Compact may be terminated on the effective date of termination. A cure of the <span class=\"dictionary\">default<\/span> does not relieve the offending state of obligations or liabilities incurred during the period of <span class=\"dictionary\">default<\/span>. <a id=\"paragraph-202176\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/54.1-3040.9\/#B2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> Termination of membership in this Compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of <span class=\"dictionary\">intent<\/span> to suspend or terminate shall be given by the Commission to the governor of the defaulting state and to the executive officer of the defaulting state&#8217;s licensing <span class=\"dictionary\">board<\/span> and to each of the <span class=\"dictionary\">party<\/span> states. <a id=\"paragraph-202177\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/54.1-3040.9\/#B3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B4\" class=\"indent-1\"><p><span class=\"prefix-number\">4.<\/span> 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. <a id=\"paragraph-202178\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/54.1-3040.9\/#B4\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B5\" class=\"indent-1\"><p><span class=\"prefix-number\">5.<\/span> The Commission shall not bear any costs related to a state that is found to be in <span class=\"dictionary\">default<\/span> or whose membership in this Compact has been terminated unless agreed upon in writing between the Commission and the defaulting state. <a id=\"paragraph-202179\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/54.1-3040.9\/#B5\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B6\" class=\"indent-1\"><p><span class=\"prefix-number\">6.<\/span> The defaulting state may <span class=\"dictionary\">appeal<\/span> the action of the Commission by petitioning the U.S. District <span class=\"dictionary\">Court<\/span> for the District of Columbia or the federal district in which the Commission has its principal offices. The prevailing <span class=\"dictionary\">party<\/span> shall be awarded all costs of such <span class=\"dictionary\">litigation<\/span>, including reasonable attorney fees. <a id=\"paragraph-202180\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/54.1-3040.9\/#B6\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> Dispute resolution. <a id=\"paragraph-202181\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/54.1-3040.9\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> Upon request by a <span class=\"dictionary\">party<\/span> state, the Commission shall attempt to resolve disputes related to the Compact that arise among <span class=\"dictionary\">party<\/span> states and between <span class=\"dictionary\">party<\/span> and non-<span class=\"dictionary\">party<\/span> states. <a id=\"paragraph-202182\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/54.1-3040.9\/#C1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> The Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes, as appropriate. <a id=\"paragraph-202183\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/54.1-3040.9\/#C2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> In the event the Commission cannot resolve disputes among <span class=\"dictionary\">party<\/span> states arising under this Compact:\n\t\t\t\ta. The <span class=\"dictionary\">party<\/span> states may submit the <span class=\"dictionary\">issues<\/span> in dispute to an arbitration <span class=\"dictionary\">panel<\/span>, which will be comprised of individuals appointed by the Compact administrator in each of the affected <span class=\"dictionary\">party<\/span> states and an individual mutually agreed upon by the Compact administrators of all the <span class=\"dictionary\">party<\/span> states involved in the dispute.\n\t\t\t\tb. The decision of a majority of the arbitrators shall be final and binding. <a id=\"paragraph-202184\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/54.1-3040.9\/#C3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> Enforcement. <a id=\"paragraph-202185\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/54.1-3040.9\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> The Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this Compact. <a id=\"paragraph-202186\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/54.1-3040.9\/#D1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> By majority vote, the Commission may initiate legal action in the U.S. District <span class=\"dictionary\">Court<\/span> for the District of Columbia or the federal district in which the Commission has its principal offices against a <span class=\"dictionary\">party<\/span> state that is in <span class=\"dictionary\">default<\/span> to enforce compliance with the provisions of this Compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and <span class=\"dictionary\">damages<\/span>. In the event judicial enforcement is necessary, the prevailing <span class=\"dictionary\">party<\/span> shall be awarded all costs of such <span class=\"dictionary\">litigation<\/span>, including reasonable attorney fees. <a id=\"paragraph-202187\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/54.1-3040.9\/#D2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> The remedies herein shall not be the exclusive remedies of the Commission. The Commission may pursue any other remedies available under federal or state <span class=\"dictionary\">law<\/span>. <a id=\"paragraph-202188\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/54.1-3040.9\/#D3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nOVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT (\u00a7 54.1-3040.9)\n\nA. Oversight.\n\n   1. Each party state shall enforce this Compact and take all actions necessary\n   and appropriate to effectuate this Compact&#8217;s purposes and intent.\n\n   2. The Commission shall be entitled to receive service of process in any\n   proceeding that may affect the powers, responsibilities, or actions of the\n   Commission and shall have standing to intervene in such a proceeding for all\n   purposes. Failure to provide service of process in such proceeding to the\n   Commission shall render a judgment or order void as to the Commission, this\n   Compact, or promulgated rules.\n\nB. Default, technical assistance and termination.\n\n   1. If the Commission determines that a party state has defaulted in the\n   performance of its obligations or responsibilities under this Compact or the\n   promulgated rules, the Commission shall:\n   \t\t\t\ta. Provide written notice to the defaulting state and other party states\n   of the nature of the default, the proposed means of curing the default, or any\n   other action to be taken by the Commission; and\n   \t\t\t\tb. Provide remedial training and specific technical assistance regarding\n   the default.\n\n   2. If a state in default fails to cure the default, the defaulting\n   state&#8217;s membership in this Compact may be terminated upon an affirmative\n   vote of a majority of the administrators, and all rights, privileges, and\n   benefits conferred by this Compact may be terminated on the effective date of\n   termination. A cure of the default does not relieve the offending state of\n   obligations or liabilities incurred during the period of default.\n\n   3. Termination of membership in this Compact shall be imposed only after all\n   other means of securing compliance have been exhausted. Notice of intent to\n   suspend or terminate shall be given by the Commission to the governor of the\n   defaulting state and to the executive officer of the defaulting state&#8217;s\n   licensing board and to each of the party states.\n\n   4. A state whose membership in this Compact has been terminated is responsible\n   for all assessments, obligations, and liabilities incurred through the\n   effective date of termination, including obligations that extend beyond the\n   effective date of termination.\n\n   5. The Commission shall not bear any costs related to a state that is found to\n   be in default or whose membership in this Compact has been terminated unless\n   agreed upon in writing between the Commission and the defaulting state.\n\n   6. The defaulting state may appeal the action of the Commission by petitioning\n   the U.S. District Court for the District of Columbia or the federal district\n   in which the Commission has its principal offices. The prevailing party shall\n   be awarded all costs of such litigation, including reasonable attorney fees.\n\nC. Dispute resolution.\n\n   1. Upon request by a party state, the Commission shall attempt to resolve\n   disputes related to the Compact that arise among party states and between\n   party and non-party states.\n\n   2. The Commission shall promulgate a rule providing for both mediation and\n   binding dispute resolution for disputes, as appropriate.\n\n   3. In the event the Commission cannot resolve disputes among party states\n   arising under this Compact:\n   \t\t\t\ta. The party states may submit the issues in dispute to an arbitration\n   panel, which will be comprised of individuals appointed by the Compact\n   administrator in each of the affected party states and an individual mutually\n   agreed upon by the Compact administrators of all the party states involved in\n   the dispute.\n   \t\t\t\tb. The decision of a majority of the arbitrators shall be final and\n   binding.\n\nD. Enforcement.\n\n   1. The Commission, in the reasonable exercise of its discretion, shall enforce\n   the provisions and rules of this Compact.\n\n   2. By majority vote, the Commission may initiate legal action in the U.S.\n   District Court for the District of Columbia or the federal district in which\n   the Commission has its principal offices against a party state that is in\n   default to enforce compliance with the provisions of this Compact and its\n   promulgated rules and bylaws. The relief sought may include both injunctive\n   relief and damages. In the event judicial enforcement is necessary, the\n   prevailing party shall be awarded all costs of such litigation, including\n   reasonable attorney fees.\n\n   3. The remedies herein shall not be the exclusive remedies of the Commission.\n   The Commission may pursue any other remedies available under federal or state\n   law.\n\nHISTORY: 2016, c. 108.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}