                                 CODE OF VIRGINIA

OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT (§ 54.1-3494)

A. Oversight.

   1. The executive, legislative, and judicial branches of state government in
   each member state shall enforce this Compact and take all actions necessary
   and appropriate to effectuate the Compact&#8217;s purposes and intent. The
   provisions of this Compact and the rules promulgated hereunder shall have
   standing as statutory law.

   2. All courts shall take judicial notice of the Compact and the rules in any
   judicial or administrative proceeding in a member state pertaining to the
   subject matter of this Compact which may affect the powers, responsibilities,
   or actions of the Commission.

   3. The Commission shall be entitled to receive service of process in any such
   proceeding and shall have standing to intervene in such a proceeding for all
   purposes. Failure to provide service of process 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 member 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 member states
   of the nature of the default, the proposed means of curing the default, and/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 may
   be terminated from the Compact upon an affirmative vote of a majority of the
   member states, 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 the 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&#8217;s legislature, and
   each of the member 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 the Compact, 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 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
   fees.

C. Dispute resolution.

   1. Upon request by a member state, the Commission shall attempt to resolve
   disputes related to the Compact that arise among member states and between
   member and nonmember 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 and rules of this Compact.

   2. 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 member state in
   default to enforce compliance with the provisions of the 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 member 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: 2019, c. 300.