Vermont § 5912 - Oversight; dispute resolution; enforcement [Contingently enacted]

§ 5912. Oversight; dispute resolution; enforcement [Contingently enacted]

• (a) Oversight. (1) The Interstate Commission shall oversee the administration and operation of the Compact. (2) The executive, legislative, and judicial branches of state government in each member
  state shall enforce this Compact and the rules of the Interstate Commission and shall
  take all actions necessary and appropriate to effectuate the Compact’s purposes and
  intent. The Compact and its rules shall be binding in the compacting states to the
  extent and in the manner provided for in this Compact. (3) 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. (4) The Interstate Commission shall be entitled to receive service of process in any action
  in which the validity of a compact provision or rule is the issue for which a judicial
  determination has been sought and shall have standing to intervene in any proceedings.
  Failure to provide service of process to the Interstate Commission shall render any
  judgment, order, or other determination, however so captioned or classified, void
  as to the Interstate Commission, this Compact, its bylaws, or rules of the Interstate
  Commission. (b) Dispute Resolution. (1) The Interstate Commission shall attempt, upon the request of a member state, to resolve
  disputes that are subject to the Compact and that may arise among member states and
  between member and nonmember states. (2) The Interstate Commission shall promulgate a rule providing for both mediation and
  binding dispute resolution for disputes among compacting states. The costs of such
  mediation or dispute resolution shall be the responsibility of the parties to the
  dispute. (c) Enforcement. If the Interstate Commission determines that a member state has defaulted in the
  performance of its obligations or responsibilities under this Compact or its bylaws
  or rules, the Interstate Commission may do any of the following: (1) Provide remedial training and specific technical assistance. (2) Provide written notice to the defaulting state and other member states of the nature
  of the default and the means of curing the default. The Interstate Commission shall
  specify the conditions by which the defaulting state must cure its default. (3) By majority vote of the members, initiate against a defaulting member state legal
  action in the U.S. District Court for the District of Columbia or, at the discretion
  of the Interstate Commission, in the federal district where the Interstate Commission
  has its principal office, to enforce compliance with the provisions of the Compact
  and its bylaws or 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. (4) Avail itself of any other remedies available under state law or the regulation of
  official or professional conduct. (Contingently added 2021, No. 101 (Adj. Sess.), § 2.)