N.Y. Education Law § 3313: Oversight, enforcement, and dispute resolution

§ 3313. Oversight, enforcement, and dispute resolution. 1. (a) 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 interstate commission.

(b) The interstate commission shall be entitled to receive all service

of process in any such proceeding, and shall have standing to intervene

in the proceeding for all purposes. Failure to provide service of

process to the interstate commission shall render a judgment or order

void as to the interstate commission, this compact or promulgated rules.

2. If the interstate commission determines that a member state has

defaulted in the performance of its obligations or responsibilities

under this compact, or the bylaws or promulgated rules, the interstate

commission shall:

(a) Provide written notice to the defaulting state and other member

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.

(b) 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 member states and all rights, privileges and benefits

conferred by this compact shall be terminated from 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) Suspension or 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 interstate commission to the governor, the majority and minority

leaders of the defaulting state's legislature, and each of the member

states.

(e) The state which has been suspended or terminated is responsible

for all assessments, obligations and liabilities incurred through the

effective date of suspension or termination including obligations, the

performance of which extends beyond the effective date of suspension or

termination.

(f) The interstate commission shall not bear any costs relating to any

state that has been found to be in default or which has been suspended

or terminated from the compact, unless otherwise mutually agreed upon in

writing between the interstate commission and the defaulting state.

(g) 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.

3. (a) The interstate commission shall attempt, upon the request of a

member state, to resolve disputes which are subject to the compact and

which may arise among member states and between member and non-member

states.

(b) The interstate commission shall promulgate a rule providing for

both mediation and binding dispute resolution for disputes as

appropriate.

4. (a) The interstate commission, in the reasonable exercise of its

discretion, shall enforce the provisions and rules of this compact.

(b) The interstate commission, may by majority vote of the members,

initiate 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 where the interstate commission has its

principal offices, to enforce compliance with the provisions of the

compact, its promulgated rules and bylaws, against a member state in

default. 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's fees.

(c) The remedies herein shall not be the exclusive remedies of the

interstate commission. The interstate commission may avail itself of any

other remedies available under state law or the regulation of a

profession.