Maine Revised Statutes Title 22 Sec. 4262 – Oversight; dispute resolution; enforcement – Article 12
Current as of: 2023 | Check for updates
|
Other versions
1. Oversight. The interstate commission shall oversee the administration and operation of the compact.
A. 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 supersede state law, rules or regulations to the extent of any conflict. [PL 2007, c. 255, §6 (NEW).]
B. 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. [PL 2007, c. 255, §6 (NEW).]
C. The interstate commission is 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 has standing to intervene in any proceedings. Failure to provide service of process to the interstate commission renders any judgment, order or other determination, however so captioned or classified, void as to the interstate commission, this chapter and bylaws or rules of the interstate commission. [PL 2007, c. 255, §6 (NEW).]
[PL 2007, c. 255, §6 (NEW).]
Terms Used In Maine Revised Statutes Title 22 Sec. 4262
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Default: means the failure of a member state to perform the obligations or responsibilities imposed upon it by this chapter or the bylaws or rules of the interstate commission. See Maine Revised Statutes Title 22 Sec. 4252
- interstate commission: means the commission that is created under section 4258. See Maine Revised Statutes Title 22 Sec. 4252
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Majority: when used in reference to age shall mean the age of 18 and over. See Maine Revised Statutes Title 1 Sec. 72
- Member state: means a state that has enacted this compact. See Maine Revised Statutes Title 22 Sec. 4252
- Oversight: Committee review of the activities of a Federal agency or program.
- Rule: means a written directive, mandate, standard or principle issued by the interstate commission adopted pursuant to section 4261 that is of general applicability and that implements, interprets or prescribes a policy or provision of this chapter. See Maine Revised Statutes Title 22 Sec. 4252
- Service of process: The service of writs or summonses to the appropriate party.
- State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Northern Mariana Islands and any other territory of the United States. See Maine Revised Statutes Title 22 Sec. 4252
- United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72
2. Dispute resolution. The interstate commission has the authority to resolve disputes.
A. 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. [PL 2007, c. 255, §6 (NEW).]
B. The interstate commission shall adopt a rule providing for both mediation and binding dispute resolution for disputes among compacting states. The costs of the mediation or dispute resolution are the responsibility of the parties to the dispute. [PL 2007, c. 255, §6 (NEW).]
[PL 2007, c. 255, §6 (NEW).]
3. Enforcement. If the interstate commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this compact or the interstate commission’s bylaws or rules, the interstate commission may:
A. Provide remedial training and specific technical assistance; [PL 2007, c. 255, §6 (NEW).]
B. 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; [PL 2007, c. 255, §6 (NEW).]
C. By majority vote of the members, initiate against a defaulting member state legal action in the United States District Court for the District of Columbia or, at the discretion of the interstate commission, in the federal district court where the interstate commission has its principal office, to enforce compliance with the provisions of the compact or the interstate commisson’s bylaws or rules. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party must be awarded all costs of the litigation including reasonable attorney’s fees; or [PL 2007, c. 255, §6 (NEW).]
D. Avail itself of any other remedies available under state law or the regulation of official or professional conduct. [PL 2007, c. 255, §6 (NEW).]
[PL 2007, c. 255, §6 (NEW).]
SECTION HISTORY
PL 2007, c. 255, §6 (NEW).