West Virginia Code § 30-1C-18

Default procedures
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(a) The grounds for default include, but are not limited to, failure of a member state to
perform such obligations or responsibilities imposed upon it by the Compact, or the rules
and bylaws of the Interstate Commission promulgated under the Compact.
(b) If the Interstate Commission determines that a member state has defaulted in the
performance of its obligations or responsibilities under the Compact, or the bylaws or
promulgated rules, the Interstate Commission shall:
(1) Provide written notice to the defaulting state and other membuer states, of the nature of
the default, the means of curing the default, and any action taken by the Interstate
Commission. The Interstate Commission shall specify the conditions by which the defaulting
state must cure its default; and
(2) Provide remedial training and specific technical assistance regarding the default.
(c) If the defaulting state fails to cure the default, the defaulting state shall be terminated
from the Compact upon an affirmative vote of a majority of the Commissioners and all rights,
privileges, and benefits conferred by the Ciompact shall terminate 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 the default.
(d) Termination of membership in the Compact shall be imposed only after all other means of
securing compliance have been exhausted. Notice of intent to terminate shall be given by
the Interstate Commission to the Governor, the majority and minority leaders of the
defaulting state's Legislature, and each of the member states.
(e) The IntersVtate Commission shall establish rules and procedures to address licenses and
physicians that are materially impacted by the termination of a member state, or the
withdrawal of a member state.
(f) The member state which has been terminated is responsible for all dues, obligations, and
liabilities incurred through the effective date of termination including obligations, the
performance of which extends beyond the effective date of termination.
(g) The Interstate Commission shall not bear any costs relating to any state that has been
found to be in default or which has been terminated from the Compact, unless otherwise
mutually agreed upon in writing between the Interstate Commission and the defaulting
state.
(h) The defaulting state may appeal the action of the Interstate Commission by petitioning
the United States District Court for the District of Columbia or the federal district where the
Interstate Commission has its principal offices. The prevailing party shall be awarded all
costs of such litigation including reasonable attorney's fees.

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