Okla. Stat. tit. 59, § 59-1389
This is the official text of Okla. Stat. tit. 59, § 59-1389, part of Oklahoma’s Stat. tit. 59, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 59,." Browse the sections below, each linked to its official government source.
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Compact oversight – Dispute resolution - Enforcement
Official statutory text
A. Oversight.
1. The executive, legislative and judicial branches of state
government in each compact state shall enforce this Compact and 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 have standing as statutory law.
2. All courts shall take judicial notice of the Compact and the
rules in any judicial or administrative proceeding in a compact
state pertaining to the subject matter of this Compact which may
affect the powers, responsibilities or actions of the Commission.
3. The Commission shall be entitled to receive service of
process in any such proceeding and shall have standing to intervene
in such a proceeding for all purposes. Failure to provide service
of process to the Commission shall render a judgment or order void
as to the Commission, this Compact or promulgated rules.
B. Default, Technical Assistance and Termination.
1. If the Commission determines that a compact state has
defaulted in the performance of its obligations or responsibilities
under this Compact or the promulgated rules, the Commission shall:
a. provide written notice to the defaulting state and
other compact states of the nature of the default, the
proposed means of remedying the default and any other
action to be taken by the Commission, and
b. provide remedial training and specific technical
assistance regarding the default.
2. If a state in default fails to remedy the default, the
defaulting state may be terminated from the Compact upon an
affirmative vote of the majority of the compact states, and all
rights, privileges and benefits conferred by this Compact shall be
terminated on the effective date of termination. A remedy of the
default does not relieve the offending state of obligations or
liabilities incurred during the period of default.
3. Termination of membership in the Compact shall be imposed
only after all other means of securing compliance have been
exhausted. Notice of intent to suspend or terminate shall be
Oklahoma Statutes - Title 59. Professions and Occupations Page 1109
submitted by the Commission to the Governor, the majority and
minority leaders of the defaulting state's legislature, and each of
the compact states.
4. A compact state which has been terminated is responsible for
all assessments, obligations and liabilities incurred through the
effective date of termination, including obligations which extend
beyond the effective date of termination.
5. The Commission shall not bear any costs incurred by the
state which is found to be in default or which has been terminated
from the Compact, unless agreed upon in writing between the
Commission and the defaulting state.
6. The defaulting state may appeal the action of the Commission
by petitioning the United States District Court for the State of
Georgia or the federal district where the Compact has its principal
offices. The prevailing member shall be awarded all costs of such
litigation, including reasonable attorney fees.
C. Dispute Resolution.
1. Upon request by a compact state, the Commission shall
attempt to resolve disputes related to the Compact which arise among
compact states and between compact and noncompact states.
2. The Commission shall promulgate a rule providing for both
mediation and binding dispute resolution for disputes that arise
before the Commission.
D. Enforcement.
1. The Commission, in the reasonable exercise of its
discretion, shall enforce the provisions and rules of this Compact.
2. By majority vote, the Commission may initiate legal action
in the United States District Court for the State of Georgia or the
federal district where the Compact has its principal offices against
a compact state in default to enforce compliance with the provisions
of the Compact and its promulgated rules and bylaws. The relief
retion, shall enforce the provisions and rules of this Compact.
2. By majority vote, the Commission may initiate legal action
in the United States District Court for the State of Georgia or the
federal district where the Compact has its principal offices against
a compact state in default to enforce compliance with the provisions
of the Compact and its promulgated rules and bylaws. The relief
sought may include both injunctive relief and damages. In the event
judicial enforcement is necessary, the prevailing member shall be
awarded all costs of such litigation, including reasonable attorney
fees.
3. The remedies herein shall not be the exclusive remedies of
the Commission. The Commission may pursue any other remedies
available under federal or state law.
1. The executive, legislative and judicial branches of state
government in each compact state shall enforce this Compact and 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 have standing as statutory law.
2. All courts shall take judicial notice of the Compact and the
rules in any judicial or administrative proceeding in a compact
state pertaining to the subject matter of this Compact which may
affect the powers, responsibilities or actions of the Commission.
3. The Commission shall be entitled to receive service of
process in any such proceeding and shall have standing to intervene
in such a proceeding for all purposes. Failure to provide service
of process to the Commission shall render a judgment or order void
as to the Commission, this Compact or promulgated rules.
B. Default, Technical Assistance and Termination.
1. If the Commission determines that a compact state has
defaulted in the performance of its obligations or responsibilities
under this Compact or the promulgated rules, the Commission shall:
a. provide written notice to the defaulting state and
other compact states of the nature of the default, the
proposed means of remedying the default and any other
action to be taken by the Commission, and
b. provide remedial training and specific technical
assistance regarding the default.
2. If a state in default fails to remedy the default, the
defaulting state may be terminated from the Compact upon an
affirmative vote of the majority of the compact states, and all
rights, privileges and benefits conferred by this Compact shall be
terminated on the effective date of termination. A remedy of the
default does not relieve the offending state of obligations or
liabilities incurred during the period of default.
3. Termination of membership in the Compact shall be imposed
only after all other means of securing compliance have been
exhausted. Notice of intent to suspend or terminate shall be
Oklahoma Statutes - Title 59. Professions and Occupations Page 1109
submitted by the Commission to the Governor, the majority and
minority leaders of the defaulting state's legislature, and each of
the compact states.
4. A compact state which has been terminated is responsible for
all assessments, obligations and liabilities incurred through the
effective date of termination, including obligations which extend
beyond the effective date of termination.
5. The Commission shall not bear any costs incurred by the
state which is found to be in default or which has been terminated
from the Compact, unless agreed upon in writing between the
Commission and the defaulting state.
6. The defaulting state may appeal the action of the Commission
by petitioning the United States District Court for the State of
Georgia or the federal district where the Compact has its principal
offices. The prevailing member shall be awarded all costs of such
litigation, including reasonable attorney fees.
C. Dispute Resolution.
1. Upon request by a compact state, the Commission shall
attempt to resolve disputes related to the Compact which arise among
compact states and between compact and noncompact states.
2. The Commission shall promulgate a rule providing for both
mediation and binding dispute resolution for disputes that arise
before the Commission.
D. Enforcement.
1. The Commission, in the reasonable exercise of its
discretion, shall enforce the provisions and rules of this Compact.
2. By majority vote, the Commission may initiate legal action
in the United States District Court for the State of Georgia or the
federal district where the Compact has its principal offices against
a compact state in default to enforce compliance with the provisions
of the Compact and its promulgated rules and bylaws. The relief
retion, shall enforce the provisions and rules of this Compact.
2. By majority vote, the Commission may initiate legal action
in the United States District Court for the State of Georgia or the
federal district where the Compact has its principal offices against
a compact state in default to enforce compliance with the provisions
of the Compact and its promulgated rules and bylaws. The relief
sought may include both injunctive relief and damages. In the event
judicial enforcement is necessary, the prevailing member shall be
awarded all costs of such litigation, including reasonable attorney
fees.
3. The remedies herein shall not be the exclusive remedies of
the Commission. The Commission may pursue any other remedies
available under federal or state law.
Status: in_force · Read it on the official government site
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