{"data":{"id":"us-ok/okla.-stat.-tit.-70-70-6-190.4","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 70, § 70-6-190.4","heading":"Interstate Teacher Mobility Compact Commission —","body":"Commissioners — Powers and duties — Immunity.\n\nA. The member states of the Interstate Teacher Mobility Compact\n\nhereby create and establish a joint public agency known as the\n\nInterstate Teacher Mobility Compact Commission. The Commission\n\nshall be a joint interstate governmental agency comprised of states\n\nthat have enacted the Interstate Teacher Mobility Compact. Nothing\n\nin the Interstate Teacher Mobility Compact shall be construed as a\n\nwaiver of sovereign immunity.\n\nB. 1. Each member state shall have and be limited to one\n\ndelegate to the Commission, who shall be given the title of\n\ncommissioner and shall be the primary administrative officer of the\n\nstate licensing authority or his or her designee.\n\n2. Any commissioner may be removed or suspended from office as\n\nprovided by the law of the state from which the commissioner is\n\nappointed. The member state shall fill any vacancy occurring in the\n\nCommission within ninety (90) days.\n\n3. Each commissioner shall be entitled to one vote on the\n\npromulgation of rules and the creation of bylaws and shall otherwise\n\nhave an opportunity to participate in the business and affairs of\n\nthe Commission. A commissioner shall vote in person or by other\n\nmeans as provided for in the bylaws. The bylaws may provide for\n\ncommissioners’ participation in meetings by telephone or other means\n\nof communication.\n\n4. The Commission shall meet at least once during each calendar\n\nyear. Additional meetings shall be held as set forth in the bylaws.\n\n5. The Commission shall establish by rule a term of office for\n\ncommissioners.\n\nC. The Commission shall have the following powers and duties:\n\n1. Establish a code of ethics for the Commission;\n\n2. Establish the fiscal year of the Commission;\n\n3. Establish bylaws for the Commission;\n\n4. Maintain its financial records in accordance with the bylaws\n\nof the Commission;\n\n5. Meet and take such actions as are consistent with the\n\nprovisions of the Interstate Teacher Mobility Compact, the bylaws,\n\nand the rules of the Commission;\n\n6. Promulgate uniform rules to implement and administer the\n\nInterstate Teacher Mobility Compact. The rules shall have the force\n\nand effect of law and shall be binding on all member states. In the\n\nevent the Commission exercises its rule-making authority in a manner\n\nthat is beyond the scope of the purposes of the compact or the\n\npowers thereunder, then such action by the Commission shall be\n\ninvalid and shall have no force and effect of law;\n\n7. Bring and prosecute legal proceedings or actions in the name\n\nof the Commission, provided that the standing of any member state\n\nlicensing authority to sue or be sued under applicable law shall not\n\nbe affected;\n\n8. Purchase and maintain insurance bonds;\n\n9. Borrow, accept, or contract for services of personnel\n\nincluding but not limited to employees of a member state or an\n\nassociated non-governmental organization that is open to membership\n\nby all states;\n\n10. Hire employees, elect or appoint officers, fix\n\ncompensation, define duties, grant individuals appropriate authority\n\nto carry out the purposes of the Interstate Teacher Mobility\n\nCompact, and establish the Commission’s personnel policies and\n\nprograms relating to conflicts of interest, qualifications for\n\npersonnel, and other related personnel matters;\n\n11. Lease, purchase, accept appropriate gifts or donations, or\n\notherwise own, hold, improve, or use any real, personal, or mixed\n\nproperty, provided that at all times the Commission shall avoid any\n\nappearance of impropriety;\n\n12. Sell, convey, mortgage, pledge, lease, exchange, abandon,\n\nor otherwise dispose of any real, personal, or mixed property;\n\n13. Establish a budget and make expenditures;\n\n14. Borrow money;\n\n15. Appoint committees, including standing committees comprised\n\nof members and other interested persons as may be designated in the\n\nInterstate Teacher Mobility Compact or Commission rules or bylaws;\niety;\n\n12. Sell, convey, mortgage, pledge, lease, exchange, abandon,\n\nor otherwise dispose of any real, personal, or mixed property;\n\n13. Establish a budget and make expenditures;\n\n14. Borrow money;\n\n15. Appoint committees, including standing committees comprised\n\nof members and other interested persons as may be designated in the\n\nInterstate Teacher Mobility Compact or Commission rules or bylaws;\n\n16. Provide and receive information from and cooperate with law\n\nenforcement agencies;\n\n17. Establish and elect an executive committee;\n\n18. Establish and develop a charter for an executive\n\ninformation governance committee to advise on facilitating exchange\n\nof information, use of information, data privacy, and technical\n\nsupport needs and provide reports as needed;\n\n19. Perform such other functions as may be necessary or\n\nappropriate to achieve the purposes of the Interstate Teacher\n\nMobility Compact consistent with the state regulation of teacher\n\nlicensure; and\n\n20. Determine whether a state’s adopted language is materially\n\ndifferent from the model compact language in such a way that the\n\nstate would not qualify for participation in the Interstate Teacher\n\nMobility Compact.\n\nD. The executive committee of the Interstate Teacher Mobility\n\nCompact shall have the power to act on behalf of the Commission\n\naccording to the terms of the compact.\n\n1. The executive committee shall be comprised of eight (8)\n\nvoting members including:\n\na. the Commission chair, vice chair, and treasurer, and\n\nb. five members who are elected by the Commission from\n\nits membership including:\n\n(1) four voting members representing geographic\n\nregions in accordance with Commission rules, and\n\n(2) one at large voting member in accordance with\n\nCommission rules.\n\n2. The Commission may add or remove members of the executive\n\ncommittee as provided for in Commission rules.\n\n3. The executive committee shall meet at least once annually.\n\n4. The executive committee shall have the following duties and\n\nresponsibilities:\n\na. recommend to the entire Commission changes to the\n\nrules or bylaws, changes to the Interstate Teacher\n\nMobility Compact legislation, fees to be paid by\n\ncompact member states such as annual dues, and any\n\ncompact fee charged by the member states on behalf of\n\nthe commission,\n\nb. ensure Commission administration services are\n\nappropriately provided, contractual or otherwise,\n\nc. prepare and recommend the budget,\n\nd. maintain financial records on behalf of the\n\nCommission,\n\ne. monitor compliance of member states and provide\n\nreports to the Commission, and\n\nf. perform other duties as provided in rules or bylaws.\n\n5. All Commission meetings shall be open to the public, and\n\npublic notice of meetings shall be given in accordance with\n\nCommission bylaws. Provided, however, the Commission, its executive\n\ncommittee, or other committees of the Commission may convene in a\n\nclosed, non-public meeting if the Commission, its executive\n\ncommittee, or other committees of the Commission discuss:\n\na. non-compliance of a member state with its obligations\n\nunder the Interstate Teacher Mobility Compact,\n\nb. the employment, compensation, discipline, or other\n\nmatters, practices, or procedures related to specific\n\nemployees or other matters related to the Commission’s\n\ninternal personnel practices or procedures,\n\nc. current, threatened, or reasonably anticipated\n\nlitigation,\n\nd. negotiation of contracts for the purchase, lease, or\n\nsale of goods, services, or real estate,\n\ne. accusing any person of a crime or formally censuring\n\nany person,\n\nf. disclosure of trade secrets or commercial or financial\n\ninformation that is privileged or confidential,\n\ng. disclosure of information of a personal nature where\n\ndisclosure would constitute a clearly unwarranted\n\ninvasion of personal privacy,\n\nh. disclosure of investigative records compiled for law\n\nenforcement purposes,\nte,\n\ne. accusing any person of a crime or formally censuring\n\nany person,\n\nf. disclosure of trade secrets or commercial or financial\n\ninformation that is privileged or confidential,\n\ng. disclosure of information of a personal nature where\n\ndisclosure would constitute a clearly unwarranted\n\ninvasion of personal privacy,\n\nh. disclosure of investigative records compiled for law\n\nenforcement purposes,\n\ni. disclosure of information related to any investigative\n\nreports prepared by or on behalf of or for the use of\n\nthe Commission or other committees charged with\n\nresponsibility of investigating and determining\n\ncompliance issues pursuant to the Interstate Teacher\n\nMobility Compact,\n\nj. matters specifically exempted from disclosure by\n\nfederal or member state statute, and\n\nk. other matters as set forth by the Commission bylaws\n\nand rules.\n\n6. If a meeting or portion of a meeting is closed pursuant to\n\nthe provisions of paragraph 5 of this subsection, the Commission’s\n\nlegal counsel or designee shall certify that the meeting may be\n\nclosed and shall reference each relevant exempting provision.\n\n7. The Commission shall keep minutes of the Commission meetings\n\nand shall provide a full and accurate summary of actions taken and\n\nthe reasons for the actions including a description of the views\n\nexpressed. All documents considered in connection with an action\n\nshall be identified in the minutes. All minutes and documents of a\n\nclosed meeting shall remain under seal, subject to release by a\n\nmajority vote of the Commission or an order of a court of competent\n\njurisdiction.\n\nE. 1. The Commission shall pay or provide for the payment of\n\nthe reasonable expenses of its establishment, organization, and\n\nongoing activities.\n\n2. The Commission may accept all appropriate donations and\n\ngrants of money, equipment, supplies, materials, and services and\n\nreceive, utilize, and dispose of the same, provided that at all\n\ntimes the Commission shall avoid any appearance of impropriety or\n\nconflict of interest.\n\n3. The Commission may levy on and collect an annual assessment\n\nfrom each member state or impose fees on other parties to cover the\n\ncost of the operations and activities of the Commission, in\n\naccordance with Commission rules.\n\n4. The Commission shall not incur obligations of any kind prior\n\nto securing the funds adequate to meet the same, nor shall the\n\nCommission pledge the credit of any of the member states, except by\n\nand with the authority of the member state.\n\n5. The Commission shall keep accurate accounts of all receipts\n\nand disbursements. The receipts and disbursements of the Commission\n\nshall be subject to accounting procedures established under\n\nCommission bylaws. All receipts and disbursements of funds of the\n\nCommission shall be reviewed annually in accordance with Commission\n\nbylaws, and a report of the review shall be included in and become\n\npart of the annual report of the Commission.\n\nF. 1. The members, officers, executive director, employees,\n\nand representatives of the Commission shall be immune from suit and\n\nliability, either personally or in their official capacity, for any\n\nclaim for damage to or loss of property or personal injury or other\n\ncivil liability caused by or arising out of any actual or alleged\n\nact, error, or omission that occurred, or that the person against\n\nwhom the claim is made had a reasonable basis for believing occurred\n\nwithin the scope of Commission employment, duties, or\n\nresponsibilities. Provided, however, nothing in this paragraph\n\nshall be construed to protect any such person from suit or liability\n\nfor any damage, loss, injury, or liability caused by the\n\nintentional, willful, or wanton misconduct of the person.\n\n2. The Commission shall defend any member, officer, executive\n\ndirector, employee, or representative of the Commission in any civil\n\naction seeking to impose liability arising out of any actual or\nthis paragraph\n\nshall be construed to protect any such person from suit or liability\n\nfor any damage, loss, injury, or liability caused by the\n\nintentional, willful, or wanton misconduct of the person.\n\n2. The Commission shall defend any member, officer, executive\n\ndirector, employee, or representative of the Commission in any civil\n\naction seeking to impose liability arising out of any actual or\n\nalleged act, error, or omission that occurred within the scope of\n\nCommission employment, duties, or responsibilities or that the\n\nperson against whom the claim is made had a reasonable basis for\n\nbelieving had occurred within the scope of Commission employment,\n\nduties, or responsibilities. Provided, however, that nothing in\n\nthis paragraph shall be construed to prohibit the person from\n\nretaining his or her own legal counsel, and provided further that\n\nthe actual or alleged act, error, or omission did not result from\n\nthe person’s intentional, willful, or wanton misconduct.\n\n3. The Commission shall indemnify and hold harmless any member,\n\nofficer, executive director, employee, or representative of the\n\nCommission for the amount of any settlement or judgment obtained\n\nagainst the person arising out of any actual or alleged act, error,\n\nor omission that occurred within the scope of Commission employment,\n\nduties, or responsibilities, or that the person had a reasonable\n\nbasis for believing had occurred within the scope of Commission\n\nemployment, duties, or responsibilities. Provided, however, that\n\nthe actual or alleged act, error, or omission did not result from\n\nthe intentional, willful, or wanton misconduct of the person.\n\nG. 1. The Commission shall exercise its rule-making powers\n\npursuant to the criteria set forth in the Interstate Teacher\n\nMobility Compact. Rules and amendments shall become binding as of\n\nthe date specified in each rule or amendment.\n\n2. The Commission shall promulgate reasonable rules to achieve\n\nthe intent and purpose of the Interstate Teacher Mobility Compact.\n\nIn the event the Commission exercises its rule-making authority in a\n\nmanner that is beyond the purpose and intent of the Interstate\n\nTeacher Mobility Compact or the powers granted thereunder, such\n\naction by the Commission shall be invalid and have no force and\n\neffect of law in the member states.\n\n3. If a majority of the legislatures of the member states\n\nrejects a rule by enactment of a statute or resolution in the same\n\nmanner used to adopt the Interstate Teacher Mobility Compact within\n\nfour (4) years of the date of the adoption of the rule, then the\n\nrule shall have no further force and effect in any member state.\n\n4. Rules or amendments to the rules shall be adopted or\n\nratified at a regular or special meeting of the Commission, in\n\naccordance with Commission bylaws and rules.\n\n5. Upon determination that an emergency exists, the Commission\n\nmay consider and adopt an emergency rule within forty-eight (48)\n\nhours’ notice with opportunity to comment, provided that the usual\n\nrule-making procedures shall be retroactively applied to the rule as\n\nsoon as reasonably possible and in no event later than ninety (90)\n\ndays after the effective date of the rule. For purposes of this\n\nparagraph, an emergency rule is one that must be adopted immediately\n\nin order to:\n\na. meet an imminent threat to public health, safety, or\n\nwelfare,\n\nb. prevent a loss of Commission or member state funds,\n\nc. meet a deadline for the promulgation of an\n\nadministrative rule that is established by federal law\n\nor rule, or\n\nd. protect public health and safety.\n\nH. 1. The Commission shall provide for facilitating the\n\nexchange of information to administer and implement the provisions\n\nof the Interstate Teacher Mobility Compact in accordance with\n\nCommission rules, consistent with generally accepted data protection\n\nprinciples.\nis established by federal law\n\nor rule, or\n\nd. protect public health and safety.\n\nH. 1. The Commission shall provide for facilitating the\n\nexchange of information to administer and implement the provisions\n\nof the Interstate Teacher Mobility Compact in accordance with\n\nCommission rules, consistent with generally accepted data protection\n\nprinciples.\n\n2. Nothing in the Interstate Teacher Mobility Compact shall be\n\ndeemed or construed to alter, limit, or inhibit the power of a\n\nmember state to control and maintain ownership of its licensee\n\ninformation or alter, limit, or inhibit the laws or regulations\n\ngoverning licensee information in the member state.\n\nI. 1. The executive and judicial branches of state government\n\nin each member state shall enforce the Interstate Teacher Mobility\n\nCompact and take all actions necessary and appropriate to effectuate\n\nthe compact’s purposes and intent. The provisions of the compact\n\nshall have standing as statutory law.\n\n2. Venue is proper and judicial proceedings by or against the\n\nCommission shall be brought solely and exclusively in a court of\n\ncompetent jurisdiction where the principal office of the Commission\n\nis located. The Commission may waive venue and jurisdictional\n\ndefenses to the extent it adopts or consents to participate in\n\nalternative dispute resolution proceedings. Nothing herein shall\n\naffect or limit the selection or propriety of venue in any action\n\nagainst a licensee for professional malpractice, misconduct, or any\n\nsimilar matter.\n\n3. All courts and administrative agencies shall take judicial\n\nnotice of the Interstate Teacher Mobility Compact, the rules of the\n\nCommission, and any information provided to a member state pursuant\n\nthereto in any judicial or quasi-judicial proceeding in a member\n\nstate pertaining to the subject matter of the compact or which may\n\naffect the powers, responsibilities, or actions of the Commission.\n\n4. The Commission shall be entitled to receive service of\n\nprocess in any proceeding regarding the enforcement or\n\ninterpretation of the Interstate Teacher Mobility Compact and shall\n\nhave standing to intervene in a proceeding for all purposes.\n\nFailure to provide the Commission service of process shall render a\n\njudgement or order void as to the Commission, the Interstate Teacher\n\nMobility Compact, or rules of the Commission.\n\nJ. 1. If the Commission determines that a member state has\n\ndefaulted in the performance of its obligations or responsibilities\n\nunder the Interstate Teacher Mobility Compact or Commission rules,\n\nthe Commission shall:\n\na. provide written notice to the defaulting state and\n\nother member states of the nature of the default, the\n\nproposed means of curing the default, or any other\n\naction to be taken by the Commission, and\n\nb. provide remedial training and specific technical\n\nassistance regarding the default.\n\n2. If a state in default fails to cure the default, the\n\ndefaulting state may be terminated from the Interstate Teacher\n\nMobility Compact upon an affirmative vote of a majority of the\n\ncommissioners of the member states, and all rights, privileges, and\n\nbenefits conferred on the state by the compact may be terminated on\n\nthe effective date of termination. A cure of the default shall not\n\nrelieve the offending state of obligations or liabilities incurred\n\nduring the period of default.\n\n3. Termination of membership in the Interstate Teacher Mobility\n\nCompact shall be imposed only after all other means of securing\n\ncompliance have been exhausted. Notice of intent to suspend or\n\nterminate shall be given by the Commission to the governor, the\n\nmajority and minority leaders of the defaulting state’s legislature,\n\nthe state licensing authority, and each of the member states.\n\n4. A state that has been terminated is responsible for all\n\nassessments, obligations, and liabilities incurred through the\nns of securing\n\ncompliance have been exhausted. Notice of intent to suspend or\n\nterminate shall be given by the Commission to the governor, the\n\nmajority and minority leaders of the defaulting state’s legislature,\n\nthe state licensing authority, and each of the member states.\n\n4. A state that has been terminated is responsible for all\n\nassessments, obligations, and liabilities incurred through the\n\neffective date of termination including all obligations that extend\n\nbeyond the effective date of termination.\n\n5. The Commission shall not bear any costs related to a state\n\nthat is found to be in default or that has been terminated from the\n\nInterstate Teacher Mobility Compact, unless agreed upon in writing\n\nbetween the Commission and the defaulting state.\n\n6. The defaulting state may appeal the action of the Commission\n\nby petitioning the U.S. District Court for the District of Columbia\n\nor the federal district court where the Commission has its principal\n\noffices. The prevailing party shall be awarded all costs of\n\nlitigation including reasonable attorney fees.\n\n7. Upon request by a member state, the Commission shall attempt\n\nto resolve disputes related to the Interstate Teacher Mobility\n\nCompact that arise among member states and between member states and\n\nnon-member states. The Commission shall promulgate a rule providing\n\nfor both binding and non-binding alternative dispute resolution for\n\ndisputes as appropriate.\n\n8. The Commission, in the reasonable exercise of its\n\ndiscretion, shall enforce the provisions and rules of the Interstate\n\nTeacher Mobility Compact. By majority vote, the Commission may\n\ninitiate legal action in the U.S. District Court for the District of\n\nColumbia or the federal district where the Commission has its\n\nprincipal offices against a member state in default to enforce\n\ncompliance with the provisions of the compact and the Commission’s\n\npromulgated rules and bylaws. The relief sought may include both\n\ninjunctive relief and damages. In the event judicial enforcement is\n\nnecessary, the prevailing party shall be awarded all costs of\n\nlitigation including reasonable attorney fees. The remedies shall\n\nnot be exclusive of remedies of the Commission. The Commission may\n\npursue any other remedies available under federal or state law.\n\nK. The Interstate Teacher Mobility Compact shall be in effect\n\non the date on which the compact is enacted into law in the tenth\n\nmember state.\n\n1. On or after the effective date of the compact, the\n\nCommission shall convene and review the enactment of the compact by\n\neach member state to determine if the statute enacted by each member\n\nstate is materially different from the model statute.\n\n2. A member state whose enactment is found to be materially\n\ndifferent from the model compact statute shall be entitled to the\n\ndefault process set forth in subsection J of this section.\n\n3. Member states enacting the compact subsequent to the\n\neffective date shall be subject to the process set forth in\n\nparagraph 20 of subsection C of this section to determine if the\n\nenactments are materially different from the model compact statute\n\nand whether they qualify for participation in the compact.\n\n4. If any member state is later found to be in default or is\n\nterminated or withdraws from the compact, the Commission shall\n\nremain in existence and the compact shall remain in effect even if\n\nthe number of member states is fewer than ten (10).\n\n5. Any state that joins the compact after the Commission’s\n\ninitial adoption of the rules and bylaws shall be subject to the\n\nrules and bylaws as they exist on the date on which the compact\n\nbecomes law in the state. Any rule that has been previously adopted\n\nby the Commission shall have the full force and effect of law on the\n\nday the compact becomes law in the state, as the rules and bylaws\n\nmay be amended as provided for in the Interstate Teacher Mobility\n\nCompact.\ntion of the rules and bylaws shall be subject to the\n\nrules and bylaws as they exist on the date on which the compact\n\nbecomes law in the state. Any rule that has been previously adopted\n\nby the Commission shall have the full force and effect of law on the\n\nday the compact becomes law in the state, as the rules and bylaws\n\nmay be amended as provided for in the Interstate Teacher Mobility\n\nCompact.\n\n6. Any member state may withdraw from the Interstate Teacher\n\nMobility Compact by enacting a statute repealing the compact. A\n\nmember state’s withdrawal shall not take effect until six (6) months\n\nafter enactment of the repealing statute. Withdrawal shall not\n\naffect the continuing requirement of the withdrawing state’s\n\nlicensing authority to comply with the investigative and adverse\n\naction reporting requirements of the compact prior to the effective\n\ndate of withdrawal.\n\n7. The Interstate Teacher Mobility Compact may be amended by\n\nthe member states; provided, however, that no amendment to the\n\ncompact shall become effective and binding upon any member state\n\nuntil it is enacted into law by all member states.\n\nL. The Interstate Teacher Mobility Compact shall be liberally\n\nconstrued to effectuate its purposes. The provisions of the compact\n\nshall be severable, and if any phrase, clause, sentence, or\n\nprovision of the compact is declared to be contrary to the\n\nconstitution of any member state or a state seeking membership in\n\nthe compact or of the U.S. Constitution or the applicability thereof\n\nto any other government, agency, person, or circumstance is held\n\ninvalid, the validity of the remainder of the compact and the\n\napplicability thereof to any government, agency, person, or\n\ncircumstance shall not be affected. If the compact is held contrary\n\nto the constitution of any member state, the compact shall remain in\n\nfull force and effect as to the remaining member states and in full\n\nforce and effect as to the member state affected as to all severable\n\nmatters.\n\nM. Nothing in this act shall prevent or inhibit the enforcement\n\nof any other law of a member state that is not inconsistent with the\n\nInterstate Teacher Mobility Compact. Any laws, statutes,\n\nregulations, or other legal requirements in a member state in\n\nconflict with the compact are superseded to the extent of the\n\nconflict. All permissible agreements between the Commission and the\n\nmember states are binding in accordance with their terms.","path":["OK Code","Title 70"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os70.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"2b627e23ce38273e94680f841e4d5aeab268b48e21f71c8955d545a73a0bec82","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-70-70-6-190.3","next":"us-ok/okla.-stat.-tit.-70-70-6-191"},"notice":"GroundRules: Original legal text. Not legal advice."}