Maine Revised Statutes Title 22 Sec. 7268 – Organization and operation of the interstate commission – Article 8
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1. Bylaws. The interstate commission shall, by a majority of the members present and voting, within 12 months after the first interstate commission meeting, adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact, including, but not limited to:
A. Establishing the fiscal year of the interstate commission; [PL 2011, c. 217, §1 (NEW).]
B. Establishing an executive committee and such other committees as may be necessary for governing any general or specific delegation of authority or function of the interstate commission; [PL 2011, c. 217, §1 (NEW).]
C. Providing procedures for calling and conducting meetings of the interstate commission and ensuring reasonable notice of each meeting; [PL 2011, c. 217, §1 (NEW).]
D. Establishing the titles and responsibilities of the officers and staff of the interstate commission; and [PL 2011, c. 217, §1 (NEW).]
E. Providing a mechanism for concluding the operations of the interstate commission and the return of surplus funds that may exist upon the termination of the compact after the payment and reserving of all of its debts and obligations. [PL 2011, c. 217, §1 (NEW).]
[PL 2011, c. 217, §1 (NEW).]
Terms Used In Maine Revised Statutes Title 22 Sec. 7268
- Authorized: means the granting of access privileges to prescription data. See Maine Revised Statutes Title 22 Sec. 7262
- Bylaws: means those bylaws established by the interstate commission pursuant to section 7268 for its governance or for directing or controlling its actions and conduct. See Maine Revised Statutes Title 22 Sec. 7262
- commission: means the Interstate Prescription Monitoring Program Commission created pursuant to section 7266. See Maine Revised Statutes Title 22 Sec. 7262
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- 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 any state that has adopted a prescription monitoring program and has enacted the enabling compact legislation. See Maine Revised Statutes Title 22 Sec. 7262
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- State: means any state, commonwealth, district or territory of the United States. See Maine Revised Statutes Title 22 Sec. 7262
2. Officers. The interstate commission shall, by a majority vote of the members present, elect annually from among its members a chair, a vice-chair and a treasurer, each of whom has such authority and duties as may be specified in the bylaws. The chair or, in the chair’s absence or disability, the vice-chair shall preside at all meetings of the interstate commission. The officers elected serve without compensation or remuneration from the interstate commission, except that, subject to the availability of budgeted funds, the officers must be reimbursed for ordinary and necessary costs and expenses incurred by them in the performance of their responsibilities as officers of the interstate commission.
[PL 2011, c. 217, §1 (NEW).]
3. Executive committee and staff. The following provisions govern the executive committee and staff.
A. The executive committee has such authority and duties as may be set forth in the bylaws, including but not limited to:
(1) Managing the affairs of the interstate commission in a manner consistent with the bylaws and purposes of the interstate commission;
(2) Overseeing an organizational structure within, and appropriate procedures for, the interstate commission to provide for the administration of the compact; and
(3) Planning, implementing and coordinating communications and activities with other state, federal and local government organizations in order to advance the purpose of the interstate commission. [PL 2011, c. 217, §1 (NEW).]
B. The executive committee may, subject to the approval of the interstate commission, appoint or retain an executive director for such period upon terms and conditions and for compensation as the interstate commission may consider appropriate. The executive director serves as secretary to the interstate commission, but is not a member of the interstate commission. The executive director shall hire and supervise other persons as may be authorized by the interstate commission. [PL 2011, c. 217, §1 (NEW).]
[PL 2011, c. 217, §1 (NEW).]
4. Liability. The interstate commission’s executive director and the commission’s employees are immune from suit and liability, either personally or in their official capacity, for a claim for damage to or loss of property or personal injury or other civil liability caused or arising out of or relating to an actual or alleged act, error or omission that occurred or that such person had a reasonable basis for believing occurred within the scope of interstate commission employment, duties or responsibilities, except that such person is not protected from suit or liability for damage, loss, injury or liability caused by the intentional or willful and wanton misconduct of such person.
A. The liability of the interstate commission’s executive director and employees or interstate commission representatives, acting within the scope of that person’s employment or duties for acts, errors or omissions occurring within the person’s state may not exceed the limits of liability set forth under the constitution and laws of that state for state officials, employees and agents. The interstate commission is considered to be an instrumentality of the states for the purposes of any such action. This subsection may not be construed to protect the person from suit or liability for damage, loss, injury or liability caused by the intentional or willful and wanton misconduct of that person. [PL 2011, c. 217, §1 (NEW).]
B. The interstate commission shall defend the executive director and its employees and, subject to the approval of the attorney general or other appropriate legal counsel of the member state represented by an interstate commission representative, shall defend the interstate commission representative in any civil action seeking to impose liability arising out of an actual or alleged act, error or omission that occurred within the scope of interstate commission employment, duties or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of interstate commission employment, duties or responsibilities, as long as the actual or alleged act, error or omission did not result from intentional or willful and wanton misconduct on the part of such person. [PL 2011, c. 217, §1 (NEW).]
C. To the extent not covered by the state involved, member state or the interstate commission, the representatives or employees of the interstate commission must be held harmless in the amount of a settlement or judgment, including attorney’s fees and costs, obtained against such persons arising out of an actual or alleged act, error or omission that occurred within the scope of interstate commission employment, duties or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of interstate commission employment, duties or responsibilities, as long as the actual or alleged act, error or omission did not result from intentional or willful and wanton misconduct on the part of such persons. [PL 2011, c. 217, §1 (NEW).]
[PL 2011, c. 217, §1 (NEW).]
SECTION HISTORY
PL 2011, c. 217, §1 (NEW).