Maine Revised Statutes Title 25 Sec. 1711 – Adjudication of disputes
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1. Dispute resolution. The council:
A. Has initial authority to make determinations with respect to any dispute regarding:
(1) Interpretation of this compact;
(2) Any rule or standard established by the council pursuant to section 1707; and
(3) Any dispute or controversy between any parties to this compact; and [PL 2001, c. 372, §3 (NEW).]
B. Shall hold a hearing concerning any dispute described in paragraph A at a regularly scheduled meeting of the council and only render a decision based upon a majority vote of the members of the council. The decision must be published pursuant to the requirements of section 1707, subsection 5. [PL 2001, c. 372, §3 (NEW).]
[PL 2001, c. 372, §3 (NEW).]
Terms Used In Maine Revised Statutes Title 25 Sec. 1711
- 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.
- Attorney General: means the Attorney General of the United States. See Maine Revised Statutes Title 25 Sec. 1703
- Council: means the compact council established under section 1707. See Maine Revised Statutes Title 25 Sec. 1703
- Criminal history records: means information, collected by criminal justice agencies on individuals, consisting of identifiable descriptions and notations of arrests, detentions, indictments or other formal criminal charges and any disposition arising therefrom, including acquittal, sentencing, correctional supervision or release. See Maine Revised Statutes Title 25 Sec. 1703
- FBI: means the Federal Bureau of Investigation. See Maine Revised Statutes Title 25 Sec. 1703
- III system: includes the national indices and, to the extent of their participation in the system, the criminal history record repositories of the states and the FBI. See Maine Revised Statutes Title 25 Sec. 1703
- 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.
- Majority: when used in reference to age shall mean the age of 18 and over. See Maine Revised Statutes Title 1 Sec. 72
- Party state: means a state that has ratified this compact. See Maine Revised Statutes Title 25 Sec. 1703
- State: means any state, territory or possession of the United States. See Maine Revised Statutes Title 25 Sec. 1703
- United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72
2. III system. The FBI shall exercise immediate and necessary action to preserve the integrity of the III system, maintain system policy and standards, protect the accuracy and privacy of criminal history records and prevent abuses until the council holds a hearing on the disputes pursuant to subsection 1.
[PL 2001, c. 372, §3 (NEW).]
3. Appeal process. The FBI or a party state may appeal any decision of the council to the Attorney General and after that appeal may file suit in the appropriate district court of the United States that has original jurisdiction of all cases or controversies arising under this compact. Any suit arising under this compact and initiated in a state court must be removed to the appropriate district court of the United States in the manner provided in 28 United States Code § 1446 or other statutory authority.
[PL 2001, c. 372, §3 (NEW).]
SECTION HISTORY
PL 2001, c. 372, §3 (NEW).