Okla. Stat. tit. 10A, § 10A-2-9-112

This is the official text of Okla. Stat. tit. 10A, § 10A-2-9-112, part of Oklahoma’s Stat. tit. 10A, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 10A,." Browse the sections below, each linked to its official government source.

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Withdrawal - Default - Termination - Judicial

Official statutory text

enforcement.

ARTICLE XI

WITHDRAWAL, DEFAULT, TERMINATION AND JUDICIAL ENFORCEMENT

A. Withdrawal.

1. Once effective, the compact shall continue in force and

remain binding upon each and every compacting state; provided that a

compacting state may withdraw from the compact by specifically

repealing the statute which enacted the compact into law.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 482

2. The effective date of withdrawal is the effective date of

the repeal.

3. The withdrawing state shall immediately notify the

chairperson of the Interstate Commission in writing upon the

introduction of legislation repealing this compact in the

withdrawing state. The Interstate Commission shall notify the other

compacting states of the withdrawing state’s intent to withdraw

within sixty (60) days of its receipt thereof.

4. The withdrawing state is responsible for all assessments,

obligations and liabilities incurred through the effective date of

withdrawal, including any obligations, the performance of which

extend beyond the effective date of withdrawal.

5. Reinstatement following withdrawal of any compacting state

shall occur upon the withdrawing state reenacting the compact or

upon such later date as determined by the Interstate Commission.

B. Technical assistance, fines, suspension, termination and

default.

1. If the Interstate Commission determines that any compacting

state has at any time defaulted in the performance of any of its

obligations or responsibilities under this compact, or the bylaws or

duly promulgated rules, the Interstate Commission may impose any or

all of the following penalties:

a. remedial training and technical assistance as directed

by the Interstate Commission,

b. alternative dispute resolution,

c. fines, fees, and costs in such amounts as are deemed

to be reasonable as fixed by the Interstate

Commission, and

d. suspension or termination of membership in the

compact, which shall be imposed only after all other

reasonable means of securing compliance under the

bylaws and rules have been exhausted and the

Interstate Commission has therefore determined that

the offending state is in default. Immediate notice

of suspension shall be given by the Interstate

Commission to the Governor, the Chief Justice or the

Chief Judicial Officer of the state, the majority and

minority leaders of the defaulting state’s

legislature, and the state council. The grounds for

default include, but are not limited to, failure of a

compacting state to perform such obligations or

responsibilities imposed upon it by this compact, the

bylaws, or duly promulgated rules and any other

grounds designated in Interstate Commission bylaws and

rules. The Interstate Commission shall immediately

notify the defaulting state in writing of the penalty

imposed by the Interstate Commission and of the

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 483

default pending a cure of the default. The Interstate

Commission shall stipulate the conditions and the time

period within which the defaulting state must cure its

default. If the defaulting state fails to cure the

default within the time period specified by the

Interstate Commission, the defaulting state shall be

terminated from the compact upon an affirmative vote

of a majority of the compacting states and all rights,

privileges and benefits conferred by this compact

shall be terminated from the effective date of

termination.

2. Within sixty (60) days of the effective date of termination

of a defaulting state, the Interstate Commission shall notify the

Governor, the Chief Justice or Chief Judicial Officer, the Majority

and Minority Leaders of the defaulting state’s legislature, and the

state council of such termination.

3. The defaulting state is responsible for all assessments,

obligations and liabilities incurred through the effective date of
effective date of termination

of a defaulting state, the Interstate Commission shall notify the

Governor, the Chief Justice or Chief Judicial Officer, the Majority

and Minority Leaders of the defaulting state’s legislature, and the

state council of such termination.

3. The defaulting state is responsible for all assessments,

obligations and liabilities incurred through the effective date of

termination including any obligations, the performance of which

extends beyond the effective date of termination.

4. The Interstate Commission shall not bear any costs relating

to the defaulting state unless otherwise mutually agreed upon in

writing between the Interstate Commission and the defaulting state.

5. Reinstatement following termination of any compacting state

requires both a reenactment of the compact by the defaulting state

and the approval of the Interstate Commission pursuant to the rules.

C. Judicial enforcement.

The Interstate Commission may, by majority vote of the members,

initiate 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 where the Interstate Commission

has its offices, to enforce compliance with the provisions of the

compact, its duly promulgated rules and bylaws, against any

compacting state in default. In the event judicial enforcement is

necessary the prevailing party shall be awarded all costs of such

litigation including reasonable attorneys fees.

D. Dissolution of compact.

1. The compact dissolves effective upon the date of the

withdrawal or default of the compacting state, which reduces

membership in the compact to one compacting state.

2. Upon the dissolution of this compact, the compact becomes

null and void and shall be of no further force or effect, and the

business and affairs of the Interstate Commission shall be concluded

and any surplus funds shall be distributed in accordance with the

bylaws.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 484

Status: in_force · Read it on the official government site

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