                                 CODE OF VIRGINIA

OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT (§ 54.1-3040.9)

A. Oversight.

   1. Each party state shall enforce this Compact and take all actions necessary
   and appropriate to effectuate this Compact&#8217;s purposes and intent.

   2. 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.

B. Default, technical assistance and termination.

   1. 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:
   				a. 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
   				b. Provide remedial training and specific technical assistance regarding
   the default.

   2. 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.

   3. 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.

   4. 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.

   5. 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.

   6. 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.

C. Dispute resolution.

   1. 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.

   2. The Commission shall promulgate a rule providing for both mediation and
   binding dispute resolution for disputes, as appropriate.

   3. In the event the Commission cannot resolve disputes among party states
   arising under this Compact:
   				a. 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.
   				b. The decision of a majority of the arbitrators shall be final and
   binding.

D. Enforcement.

   1. The Commission, in the reasonable exercise of its discretion, shall enforce
   the provisions and rules of this Compact.

   2. 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.

   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.

HISTORY: 2016, c. 108.