Okla. Stat. tit. 63, § 63-1-2562
This is the official text of Okla. Stat. tit. 63, § 63-1-2562, part of Oklahoma’s Stat. tit. 63, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 63,." Browse the sections below, each linked to its official government source.
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Article XIII — Oversight, dispute resolutions, and
Official statutory text
enforcement.
ARTICLE XIII
Oversight, Dispute Resolutions, and Enforcement
A. Oversight
1. The executive, legislative, and judicial branches of state
government in each member state shall enforce this Compact and take
all necessary and appropriate actions 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 member 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 member 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 member states of the nature of the default, the
proposed means of curing the default, and/or 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 cure the default, the
defaulting state may be terminated from the Compact upon an
Oklahoma Statutes - Title 63. Public Health and Safety Page 862
affirmative vote of a majority of the member states, and all rights,
privileges, and benefits conferred by this Compact 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 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 given
by the Commission to the governor, the majority and minority leaders
of the defaulting state's legislature, and each of the member
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 the action of the Commission
by petitioning the United States 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.
C. Dispute Resolution
1. Upon request by a member state, the Commission shall attempt
to resolve disputes related to the Compact that arise among member
states and between member and nonmember states.
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 and rules of this Compact.
2. By majority vote, the Commission may initiate legal action
in the United States District Court for the District of Columbia or
the federal district where the Commission has its principal offices
against a member state in default to enforce compliance with the
provisions of the Compact and its promulgated rules and bylaws. The
cretion, 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 District of Columbia or
the federal district where the Commission has its principal offices
against a member 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.
ARTICLE XIII
Oversight, Dispute Resolutions, and Enforcement
A. Oversight
1. The executive, legislative, and judicial branches of state
government in each member state shall enforce this Compact and take
all necessary and appropriate actions 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 member 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 member 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 member states of the nature of the default, the
proposed means of curing the default, and/or 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 cure the default, the
defaulting state may be terminated from the Compact upon an
Oklahoma Statutes - Title 63. Public Health and Safety Page 862
affirmative vote of a majority of the member states, and all rights,
privileges, and benefits conferred by this Compact 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 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 given
by the Commission to the governor, the majority and minority leaders
of the defaulting state's legislature, and each of the member
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 the action of the Commission
by petitioning the United States 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.
C. Dispute Resolution
1. Upon request by a member state, the Commission shall attempt
to resolve disputes related to the Compact that arise among member
states and between member and nonmember states.
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 and rules of this Compact.
2. By majority vote, the Commission may initiate legal action
in the United States District Court for the District of Columbia or
the federal district where the Commission has its principal offices
against a member state in default to enforce compliance with the
provisions of the Compact and its promulgated rules and bylaws. The
cretion, 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 District of Columbia or
the federal district where the Commission has its principal offices
against a member 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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