Arizona Laws 32-595. Oversight, dispute resolution and enforcement; defaulting states; termination from compact
(Eff. 7/1/24)
Terms Used In Arizona Laws 32-595
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Process: means a citation, writ or summons issued in the course of judicial proceedings. See Arizona Laws 1-215
- Service of process: The service of writs or summonses to the appropriate party.
- United States: includes the District of Columbia and the territories. See Arizona Laws 1-215
- Venue: The geographical location in which a case is tried.
- Writing: includes printing. See Arizona Laws 1-215
A. The executive and judicial branches of state government in each member state shall enforce this compact and take all actions necessary and appropriate to implement this compact.
B. Venue is proper and judicial proceedings by or against the commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the commission is located. The commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings. This subsection does not affect or limit the selection or propriety of venue in any action against a licensee for professional malpractice or misconduct or in any similar matter.
C. The commission may receive service of process in any proceeding regarding the enforcement or interpretation of this compact and shall have standing to intervene in such a proceeding for all purposes. Failure to provide the commission service of process renders a judgment or order void.
D. If the commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this compact or the adopted rules, the commission shall provide written notice to the defaulting state. The notice of default shall describe the default, the proposed means of curing the default and any other action that the commission may take and shall offer training and specific technical assistance regarding the default.
E. The commission shall provide a copy of the notice of default to the other member states.
F. If a state that is in default fails to cure the default, the defaulting state may be terminated from this compact on an affirmative vote of a majority of the delegates of the member states and all rights, privileges and benefits conferred on that state 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.
G. Termination of membership in this compact shall be imposed only after all other means of securing compliance have been exhausted. The commission shall give notice of intent to suspend or terminate to the governor of the defaulting state, the majority and minority leaders of the defaulting state’s legislature, the defaulting state’s state licensing authority and the state licensing authority of each member state.
H. 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.
I. On the termination of a state’s membership from this compact, the state shall immediately provide notice of the termination to all licensees who hold a multistate license within that state. The terminated state shall continue to recognize all licenses granted pursuant to this compact for at least one hundred eighty days after the date of the notice of termination.
J. The commission shall not bear any costs related to a state that is found to be in default or that has been terminated from this compact, unless agreed to in writing between the commission and the defaulting state.
K. The defaulting state may appeal the commission’s action 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 party shall be awarded all costs of the litigation, including reasonable attorney fees.
L. On a member state’s request, the commission shall attempt to resolve disputes related to this compact that arise among member states and between member and nonmember states.
M. The commission shall adopt a rule providing for both mediation and binding dispute resolution for disputes as appropriate.
N. The commission, in the reasonable exercise of its discretion, shall enforce this compact and the commission’s rules.
O. By majority vote as provided by commission rule, the commission may initiate legal action against a defaulting member state in the United States district court for the District of Columbia or the federal district where the commission has its principal offices to enforce compliance with this compact and its adopted rules. The relief sought may include both injunctive relief and damages. If judicial enforcement is necessary, the prevailing party shall be awarded all costs of the litigation, including reasonable attorney fees. The remedies described in this subsection are not the exclusive remedies of the commission. The commission may pursue any other remedies available under federal law or the defaulting member state’s law.
P. A member state may initiate legal action against the commission in the United States district court for the District of Columbia or the federal district where the commission has its principal offices to enforce compliance with this compact and its adopted rules. The relief sought may include both injunctive relief and damages. If judicial enforcement is necessary, the prevailing party shall be awarded all costs of the litigation, including reasonable attorney fees.
Q. Only a member state may enforce this compact against the commission.