Vermont § 1647i - Oversight, dispute resolution, and enforcement

§ 1647i. Oversight, dispute resolution, and enforcement

• (a) Oversight. (1) Each party state shall enforce this Compact and take all actions necessary and appropriate
  to effectuate this Compact’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’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’s licensing board and 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’s 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 composed 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’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. (Added 2021, No. 64, § 1, eff. Feb. 1, 2022.)