Okla. Stat. tit. 59, § 59-545.10

resolution — Enforcement.

A. Oversight:

1. The executive and judicial branches of state government in

each participating state shall enforce the Compact and take all

actions necessary and appropriate to implement the Compact;

2. Venue is proper and judicial proceedings by or against the

Commission shall be brought solely and exclusively in a court of

competent jurisdiction where the principal office of the Commission

is located. The Commission may waive venue and jurisdictional

defenses to the extent it adopts or consents to participate in

alternative dispute resolution proceedings. Nothing herein shall

affect or limit the selection or propriety of venue in any action

against a licensee for professional malpractice, misconduct, or any

such similar matter; and

3. The Commission shall be entitled to receive service of

process in any proceeding regarding the enforcement or

interpretation of the Compact or the Commission's rules and shall

have standing to intervene in such a proceeding for all purposes.

Failure to provide the Commission with service of process shall

render a judgment or order in such proceeding void as to the

Commission, the Compact, or Commission rules.

B. Default, technical assistance, and termination:

1. If the Commission determines that a participating state has

defaulted in the performance of its obligations or responsibilities

under the Compact or the Commission rules, the Commission shall

provide written notice to the defaulting state and other

Oklahoma Statutes - Title 59. Professions and Occupations Page 547

participating states. The notice shall describe the default, the

proposed means of curing the default, and any other action that the

Commission may take and shall offer remedial training and specific

technical assistance regarding the default;

2. If a state in default fails to cure the default, the

defaulting state may be terminated from the Compact upon an

affirmative vote of a majority of the delegates of the participating

states, and all rights, privileges, and benefits conferred by the

Compact upon such state may be terminated on the effective date of

termination. A cure of the default does not relieve the offending

state of obligations or liabilities incurred during the period of

default;

3. Termination of participation 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 given

by the Commission to the governor, the majority and minority leaders

of the defaulting state's legislature, and to the licensing boards

of each of the participating states;

4. A state that has been terminated is responsible for all

assessments, obligations, and liabilities incurred through the

effective date of termination, including obligations that extend

beyond the effective date of termination;

5. The Commission shall not bear any costs related to a state

that is found to be in default or that has been terminated from the

Compact, unless agreed upon in writing between the Commission and

the defaulting state;

6. The defaulting state may appeal its termination from the

Compact by the Commission by petitioning the U.S. District Court for

the District of Columbia or the federal district where the

Commission has its principal offices. The prevailing member shall

be awarded all costs of such litigation, including reasonable

attorney fees; and

7. Upon the termination of a state's participation in the

Compact, the state shall immediately provide notice to all licensees

within that state of such termination:

a. licensees who have been granted a Compact privilege in

that state shall retain the Compact privilege for one

hundred eighty (180) days following the effective date

of such termination, and

b. licensees who are licensed in that state who have been

granted a Compact privilege in a participating state

shall retain the Compact privilege for one hundred
within that state of such termination:

a. licensees who have been granted a Compact privilege in

that state shall retain the Compact privilege for one

hundred eighty (180) days following the effective date

of such termination, and

b. licensees who are licensed in that state who have been

granted a Compact privilege in a participating state

shall retain the Compact privilege for one hundred

eighty (180) days unless the licensee also has a

qualifying license in a participating state or obtains

a qualifying license in a participating state before

the one-hundred-eighty-day period ends, in which case

the Compact privilege shall continue.

Oklahoma Statutes - Title 59. Professions and Occupations Page 548

C. Dispute resolution:

1. Upon request by a participating state, the Commission shall

attempt to resolve disputes related to the Compact that arise among

participating states and between participating and nonparticipating

states; and

2. The Commission shall promulgate a rule providing for both

mediation and binding dispute resolution for disputes as

appropriate.

D. Enforcement:

1. The Commission, in the reasonable exercise of its

discretion, shall enforce the provisions of the Compact and rules of

the Commission;

2. If compliance is not secured after all means to secure

compliance have been exhausted, by majority vote, the Commission may

initiate legal action in the U.S. District Court for the District of

Columbia or the federal district where the Commission has its

principal offices against a participating state in default to

enforce compliance with the provisions of the Compact and the

Commission's promulgated rules and bylaws. The relief sought may

include both injunctive relief and damages. In the event judicial

enforcement is necessary, the prevailing party shall be awarded all

costs of such litigation, including reasonable attorney fees; and

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.

E. Legal action against the Commission:

1. A participating state may initiate legal action against the

Commission in the U.S. District Court for the District of Columbia

or the federal district where the Commission has its principal

offices to enforce compliance with the provisions of the Compact and

its rules. The relief sought may include both injunctive relief and

damages. In the event judicial enforcement is necessary, the

prevailing party shall be awarded all costs of such litigation,

including reasonable attorney fees.

2. No person other than a participating state shall enforce the

Compact against the Commission.