Mass. Gen. Laws ch. 15E, sec. 12 — MA Code / Part I / Title II / Chapter 15E / Section 12
Oversight, enforcement and dispute resolution
Status: in_force

Section 12. (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. (c) If the interstate commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this compact, the by-laws or the promulgated rules, the interstate commission shall: (1) 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; provided, that the interstate commission shall specify the conditions by which the defaulting state must cure its default; (2) provide remedial training and specific technical assistance regarding the default; and (3) terminate a defaulting state from the compact if the defaulting state fails to cure the default and upon an affirmative vote of a majority of the member states, all rights, privileges and benefits conferred by this compact shall be terminated from the effective date of termination; provided that a cure of the default shall not relieve the offending state of obligations or liabilities incurred during the period of the default. (d) Suspension or termination of membership in this 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 and 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 shall be responsible for all assessments, obligations and liabilities incurred through the effective date of suspension or termination including obligations that require performance 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 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. The interstate commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate. (h) The interstate commission, in the reasonable exercise of its discretion, shall enforce this compact. (i) The remedies in this section 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.

Section 12. (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.

(c) If the interstate commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this compact, the by-laws or the promulgated rules, the interstate commission shall:

(1) 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; provided, that the interstate commission shall specify the conditions by which the defaulting state must cure its default;

(2) provide remedial training and specific technical assistance regarding the default; and

(3) terminate a defaulting state from the compact if the defaulting state fails to cure the default and upon an affirmative vote of a majority of the member states, all rights, privileges and benefits conferred by this compact shall be terminated from the effective date of termination; provided that a cure of the default shall not relieve the offending state of obligations or liabilities incurred during the period of the default.

(d) Suspension or termination of membership in this 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 and 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 shall be responsible for all assessments, obligations and liabilities incurred through the effective date of suspension or termination including obligations that require performance 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 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. The interstate commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.

(h) The interstate commission, in the reasonable exercise of its discretion, shall enforce this compact.

(i) The remedies in this section 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.