Vermont Statutes Title 33 Sec. 5727
Terms Used In Vermont Statutes Title 33 Sec. 5727
- Bylaws: means those bylaws established by the Interstate Commission for its governance, or for directing or controlling its actions or conduct. See
- Compacting state: means any state which has enacted the enabling legislation for this compact. See
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Interstate Commission: means the Interstate Commission for Juveniles created by section 5723 of this title. See
- Oversight: Committee review of the activities of a Federal agency or program.
- Rule: means a written statement by the Interstate Commission promulgated pursuant to section 5726 of this title that is of general applicability; implements, interprets, or prescribes a policy or provision of the compact, or an organizational, procedural, or practice requirement of the Commission; and has the force and effect of statutory law in a compacting state, and includes the amendment, repeal, or suspension of an existing rule. See
- 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 (or its designee), the Commonwealth of Puerto Rico, the U. See
- Statute: A law passed by a legislature.
§ 5727. Oversight; enforcement; dispute resolution
(a) Oversight.
(1) The Interstate Commission shall oversee the administration and operations of the interstate movement of juveniles subject to this compact in the compacting states and shall monitor such activities being administered in noncompacting states which may significantly affect compacting states.
(2) The courts and executive agencies in each compacting state shall enforce this compact and shall take all actions necessary and appropriate to effectuate the compact’s purposes and intent. The provisions of this compact and the rules promulgated hereunder shall be received by all the judges, public officers, commissions, and departments of the state government as evidence of the authorized statute and administrative rules. All courts shall take judicial notice of the compact and the rules. In any judicial or administrative proceeding in a compacting state pertaining to the subject matter of this compact which may affect the powers, responsibilities or actions of the Interstate Commission, it shall be entitled to receive all service of process in any such proceeding, and shall have standing to intervene in the proceeding for all purposes.
(b) Dispute resolution.
(1) The compacting states shall report to the Interstate Commission on all issues and activities necessary for the administration of the compact as well as issues and activities pertaining to compliance with the provisions of the compact and its bylaws and rules.
(2) The Interstate Commission shall attempt, upon the request of a compacting state, to resolve any disputes or other issues which are subject to the compact and which may arise among compacting states and between compacting and noncompacting states. The Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes among the compacting states.
(3) The Interstate Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact using any or all means set forth in section 5731 of this title. (Added 2009, No. 108 (Adj. Sess.), § 12, eff. July 1, 2010.)