Maine Code § 22-4262

Oversight; dispute resolution; enforcement - Article 12
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(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
(WHOLE SECTION TEXT EFFECTIVE ON CONTINGENCY: See T. 22, §4264, sub-§2)
1. Oversight. The interstate commission shall oversee the administration and operation of the
compact.
A. The executive, legislative and judicial branches of state government in each member state shall
enforce this compact and the rules of the interstate commission and shall take all actions necessary
and appropriate to effectuate the compact's purposes and intent. The compact and its rules
supersede state law, rules or regulations to the extent of any conflict. [PL 2007, c. 255, §6
(NEW).]
B. 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. [PL 2007, c. 255,
§6 (NEW).]
C. The interstate commission is entitled to receive service of process in any action in which the
validity of a compact provision or rule is the issue for which a judicial determination has been
sought and has standing to intervene in any proceedings. Failure to provide service of process to
the interstate commission renders any judgment, order or other determination, however so
captioned or classified, void as to the interstate commission, this chapter and bylaws or rules of the
interstate commission. [PL 2007, c. 255, §6 (NEW).]
[PL 2007, c. 255, §6 (NEW).]
2. Dispute resolution. The interstate commission has the authority to resolve disputes.
A. The interstate commission shall attempt, upon the request of a member state, to resolve disputes
that are subject to the compact and that may arise among member states and between member and
nonmember states. [PL 2007, c. 255, §6 (NEW).]
B. The interstate commission shall adopt a rule providing for both mediation and binding dispute
resolution for disputes among compacting states. The costs of the mediation or dispute resolution
are the responsibility of the parties to the dispute. [PL 2007, c. 255, §6 (NEW).]
[PL 2007, c. 255, §6 (NEW).]
3. Enforcement. If the interstate commission determines that a member state has defaulted in the
performance of its obligations or responsibilities under this compact or the interstate commission's
bylaws or rules, the interstate commission may:
A. Provide remedial training and specific technical assistance; [PL 2007, c. 255, §6 (NEW).]
B. Provide written notice to the defaulting state and other member states of the nature of the default
and the means of curing the default. The interstate commission shall specify the conditions by
which the defaulting state must cure its default; [PL 2007, c. 255, §6 (NEW).]

C. By majority vote of the members, initiate against a defaulting member state 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 court where the interstate commission has its principal office, to
enforce compliance with the provisions of the compact or the interstate commisson's bylaws or
rules. The relief sought may include both injunctive relief and damages. In the event judicial
enforcement is necessary, the prevailing party must be awarded all costs of the litigation including
reasonable attorney's fees; or [PL 2007, c. 255, §6 (NEW).]
D. Avail itself of any other remedies available under state law or the regulation of official or
professional conduct. [PL 2007, c. 255, §6 (NEW).]
[PL 2007, c. 255, §6 (NEW).]

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