West Virginia Code § 30-31A-12

Oversight, dispute resolution, and enforcement
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(a) Oversight. —
(1) The executive, legislative, and judicial branches of state government in each member
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 member state pertaining to the suubject matter of this
compact which may affect the powers, responsibilities, or actions of the commission.
(3) The commission may receive service of process in any such proceeding and shall have
standing to intervene in such a proceeding for all purpaoses. 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. l
(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 or any other action to be taken by the
commission; and
(B) Provide remedial training and specific technical assistance regarding the default.
(c) If a state in default fails to cure the default, the defaulting state may be terminated from
theW compact upon an 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.
(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 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.
(e) 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.
(f) The commission may 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.
(g) The defaulting state may appeal the action of 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's fees. e
(h) Dispute resolution. —
(1) Upon request by a member state, the commission shall attemupt to resolve disputes
related to the compact that arise among member states and between member and non-
member states.
(2) The commission shall promulgate a rule providing afor both mediation and binding dispute
resolution for disputes as appropriate.
(i) 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 relief sought may include both
injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing
member shall be awa rded all costs of such litigation, including reasonable attorney's 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.

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