303 | | - | WARD TEACHING LICENSES OR OTHER BENEFITS BASED ON |
---|
304 | | - | ADDITIONAL PROFESSIONAL CREDENTIALS |
---|
305 | | - | , INCLUDING, BUT NOT LIMITED TO, |
---|
| 312 | + | WARD TEACHING LICENSES OR OTHER BENEFITS BASED ON16 |
---|
| 313 | + | ADDITIONAL PROFESSIONAL CREDENTIALS , INCLUDING, BUT NOT LIMITED17 |
---|
| 314 | + | TO, NATIONAL BOARD CERTIFICATION;18 |
---|
| 315 | + | 2. P |
---|
| 316 | + | ARTICIPATE IN THE EXCHANGE OF NAMES OF TEACHERS WHOSE19 |
---|
| 317 | + | LICENSE HAS BEEN SUBJECT TO AN ADVERSE ACTION BY A MEMBER20 |
---|
| 318 | + | S |
---|
| 319 | + | TATE; OR21 |
---|
| 320 | + | 3. P |
---|
| 321 | + | ARTICIPATE IN ANY AGREEMENT OR COOPERATIVE22 |
---|
| 322 | + | ARRANGEMENT WITH A NON -MEMBER STATE.23 |
---|
| 323 | + | ARTICLE V- TEACHER QUALIFICATIONS AND24 |
---|
| 324 | + | REQUIREMENTS FOR LICENSURE UNDER THE COMPACT25 |
---|
| 325 | + | A. E |
---|
| 326 | + | XCEPT AS PROVIDED FOR ACTIVE MILITARY MEMBERS OR26 |
---|
| 327 | + | E |
---|
| 328 | + | LIGIBLE MILITARY SPOUSES IN ARTICLE III.D ABOVE, A TEACHER MAY27 |
---|
| 329 | + | 1064 |
---|
| 330 | + | -8- ONLY BE ELIGIBLE TO RECEIVE A LICENSE UNDER THIS COMPACT WHERE1 |
---|
| 331 | + | THAT TEACHER HOLDS AN UNENCUMBERED LICENSE IN A MEMBER STATE.2 |
---|
| 332 | + | B. A |
---|
| 333 | + | TEACHER ELIGIBLE TO RECEIVE A LICENSE UNDER THIS3 |
---|
| 334 | + | C |
---|
| 335 | + | OMPACT SHALL, UNLESS OTHERWISE PROVIDED FOR HEREIN :4 |
---|
| 336 | + | 1. U |
---|
| 337 | + | PON THEIR APPLICATION TO RECEIVE A LICENSE UNDER THIS5 |
---|
| 338 | + | C |
---|
| 339 | + | OMPACT, UNDERGO A CRIMINAL BACKGROUND CHECK IN THE RECEIVING6 |
---|
| 340 | + | S |
---|
| 341 | + | TATE IN ACCORDANCE WITH THE LAWS AND REGULATIONS OF THE7 |
---|
| 342 | + | R |
---|
| 343 | + | ECEIVING STATE; AND8 |
---|
| 344 | + | 2. P |
---|
| 345 | + | ROVIDE THE RECEIVING STATE WITH INFORMATION IN9 |
---|
| 346 | + | ADDITION TO THE INFORMATION REQUIRED FOR LICENSURE FOR THE10 |
---|
| 347 | + | PURPOSES OF DETERMINING COMPENSATION , IF APPLICABLE.11 |
---|
| 348 | + | ARTICLE VI- DISCIPLINE / ADVERSE ACTIONS12 |
---|
| 349 | + | A. N |
---|
| 350 | + | OTHING IN THIS COMPACT SHALL BE DEEMED OR CONSTRUED13 |
---|
| 351 | + | TO LIMIT THE AUTHORITY OF A MEMBER STATE TO INVESTIGATE OR14 |
---|
| 352 | + | IMPOSE DISCIPLINARY MEASURES ON TEACHERS ACCORDING TO THE STATE15 |
---|
| 353 | + | P |
---|
| 354 | + | RACTICE LAWS THEREOF.16 |
---|
| 355 | + | B. M |
---|
| 356 | + | EMBER STATES SHALL BE AUTHORIZED TO RECEIVE , AND17 |
---|
| 357 | + | SHALL PROVIDE, FILES AND INFORMATION REGARDING THE INVESTIGATION18 |
---|
| 358 | + | AND DISCIPLINE, IF ANY, OF TEACHERS IN OTHER MEMBER STATES UPON19 |
---|
| 359 | + | REQUEST. ANY MEMBER STATE RECEIVING SUCH INFORMATION OR FILES20 |
---|
| 360 | + | SHALL PROTECT AND MAINTAIN THE SECURITY AND CONFIDENTIALITY21 |
---|
| 361 | + | THEREOF, IN AT LEAST THE SAME MANNER THAT IT MAINTAINS ITS OWN22 |
---|
| 362 | + | INVESTIGATORY OR DISCIPLINARY FILES AND INFORMATION . PRIOR TO23 |
---|
| 363 | + | DISCLOSING ANY DISCIPLINARY OR INVESTIGATORY INFORMATION24 |
---|
| 364 | + | RECEIVED FROM ANOTHER MEMBER STATE, THE DISCLOSING STATE SHALL25 |
---|
| 365 | + | COMMUNICATE ITS INTENTION AND PURPOSE FOR SUCH DISCLOSURE TO THE26 |
---|
| 366 | + | M |
---|
| 367 | + | EMBER STATE WHICH ORIGINALLY PROVIDED THAT INFORMATION .27 |
---|
| 368 | + | 1064 |
---|
| 369 | + | -9- ARTICLE VII- ESTABLISHMENT OF THE INTERSTATE1 |
---|
| 370 | + | TEACHER MOBILITY COMPACT COMMISSION2 |
---|
| 371 | + | A. T |
---|
| 372 | + | HE INTERSTATE COMPACT MEMBER STATES HEREBY CREATE3 |
---|
| 373 | + | AND ESTABLISH A JOINT PUBLIC AGENCY KNOWN AS THE INTERSTATE4 |
---|
| 374 | + | T |
---|
| 375 | + | EACHER MOBILITY COMPACT COMMISSION:5 |
---|
| 376 | + | 1. T |
---|
| 377 | + | HE COMMISSION IS A JOINT INTERSTATE GOVERNMENTAL6 |
---|
| 378 | + | AGENCY COMPRISED OF STATES THAT HAVE ENACTED THE INTERSTATE7 |
---|
| 379 | + | T |
---|
| 380 | + | EACHER MOBILITY COMPACT.8 |
---|
| 381 | + | 2. N |
---|
| 382 | + | OTHING IN THIS INTERSTATE COMPACT SHALL BE CONSTRUED9 |
---|
| 383 | + | TO BE A WAIVER OF SOVEREIGN IMMUNITY .10 |
---|
| 384 | + | B. Membership, Voting, and Meetings11 |
---|
| 385 | + | 1. E |
---|
| 386 | + | ACH MEMBER STATE SHALL HAVE AND BE LIMITED TO ONE (1)12 |
---|
| 387 | + | DELEGATE TO THE COMMISSION, WHO SHALL BE GIVEN THE TITLE OF13 |
---|
| 388 | + | C |
---|
| 389 | + | OMMISSIONER.14 |
---|
| 390 | + | 2. T |
---|
| 391 | + | HE COMMISSIONER SHALL BE THE PRIMARY ADMINISTRATIVE15 |
---|
| 392 | + | OFFICER OF THE STATE LICENSING AUTHORITY OR THEIR DESIGNEE.16 |
---|
| 393 | + | 3. A |
---|
| 394 | + | NY COMMISSIONER MAY BE REMOVED OR SUSPENDED FROM17 |
---|
| 395 | + | OFFICE AS PROVIDED BY THE LAW OF THE STATE FROM WHICH THE18 |
---|
| 396 | + | C |
---|
| 397 | + | OMMISSIONER IS APPOINTED.19 |
---|
| 398 | + | 4. T |
---|
| 399 | + | HE MEMBER STATE SHALL FILL ANY VACANCY OCCURRING IN20 |
---|
| 400 | + | THE COMMISSION WITHIN NINETY (90) DAYS.21 |
---|
| 401 | + | 5. E |
---|
| 402 | + | ACH COMMISSIONER SHALL BE ENTITLED TO ONE (1) VOTE22 |
---|
| 403 | + | ABOUT THE PROMULGATION OF RULES AND CREATION OF BYLAWS AND23 |
---|
| 404 | + | SHALL OTHERWISE HAVE AN OPPORTUNITY TO PARTICIPATE IN THE24 |
---|
| 405 | + | BUSINESS AND AFFAIRS OF THE COMMISSION. A COMMISSIONER SHALL25 |
---|
| 406 | + | VOTE IN PERSON OR BY SUCH OTHER MEANS AS PROVIDED IN THE BYLAWS.26 |
---|
| 407 | + | T |
---|
| 408 | + | HE BYLAWS MAY PROVIDE FOR COMMISSIONERS' PARTICIPATION IN27 |
---|
| 409 | + | 1064 |
---|
| 410 | + | -10- MEETINGS BY TELEPHONE OR OTHER MEANS OF COMMUNICATION .1 |
---|
| 411 | + | 6. T |
---|
| 412 | + | HE COMMISSION SHALL MEET AT LEAST ONCE DURING EACH2 |
---|
| 413 | + | CALENDAR YEAR. ADDITIONAL MEETINGS SHALL BE HELD AS SET FORTH IN3 |
---|
| 414 | + | THE BYLAWS.4 |
---|
| 415 | + | 7. T |
---|
| 416 | + | HE COMMISSION SHALL ESTABLISH BY RULE A TERM OF OFFICE5 |
---|
| 417 | + | FOR COMMISSIONERS.6 |
---|
| 418 | + | C. T |
---|
| 419 | + | HE COMMISSION SHALL HAVE THE FOLLOWING POWERS AND7 |
---|
| 420 | + | DUTIES:8 |
---|
| 421 | + | 1. E |
---|
| 422 | + | STABLISH A CODE OF ETHICS FOR THE COMMISSION.9 |
---|
| 423 | + | 2. E |
---|
| 424 | + | STABLISH THE FISCAL YEAR OF THE COMMISSION.10 |
---|
| 425 | + | 3. E |
---|
| 426 | + | STABLISH BYLAWS FOR THE COMMISSION.11 |
---|
| 427 | + | 4. M |
---|
| 428 | + | AINTAIN ITS FINANCIAL RECORDS IN ACCORDANCE WITH THE12 |
---|
| 429 | + | B |
---|
| 430 | + | YLAWS OF THE COMMISSION.13 |
---|
| 431 | + | 5. M |
---|
| 432 | + | EET AND TAKE SUCH ACTIONS AS ARE CONSISTENT WITH THE14 |
---|
| 433 | + | PROVISIONS OF THIS INTERSTATE COMPACT , THE BYLAWS, AND RULES OF15 |
---|
| 434 | + | THE COMMISSION.16 |
---|
| 435 | + | 6. P |
---|
| 436 | + | ROMULGATE UNIFORM RULES TO IMPLEMENT AND ADMINISTER17 |
---|
| 437 | + | THIS INTERSTATE COMPACT. THE RULES SHALL HAVE THE FORCE AND18 |
---|
| 438 | + | EFFECT OF LAW AND SHALL BE BINDING IN ALL MEMBER STATES. IN THE19 |
---|
| 439 | + | EVENT THE COMMISSION EXERCISES ITS RULEMAKING AUTHORITY IN A20 |
---|
| 440 | + | MANNER THAT IS BEYOND THE SCOPE OF THE PURPOSES OF THE COMPACT,21 |
---|
| 441 | + | OR THE POWERS GRANTED HEREUNDER , THEN SUCH AN ACTION BY THE22 |
---|
| 442 | + | C |
---|
| 443 | + | OMMISSION SHALL BE INVALID AND HAVE NO FORCE AND EFFECT OF LAW .23 |
---|
| 444 | + | 7. B |
---|
| 445 | + | RING AND PROSECUTE LEGAL PROCEEDINGS OR ACTIONS IN THE24 |
---|
| 446 | + | NAME OF THE COMMISSION, PROVIDED THAT THE STANDING OF ANY25 |
---|
| 447 | + | M |
---|
| 448 | + | EMBER STATE LICENSING AUTHORITY TO SUE OR BE SUED UNDER26 |
---|
| 449 | + | APPLICABLE LAW SHALL NOT BE AFFECTED .27 |
---|
| 450 | + | 1064 |
---|
| 451 | + | -11- 8. PURCHASE AND MAINTAIN INSURANCE AND BONDS .1 |
---|
| 452 | + | 9. B |
---|
| 453 | + | ORROW, ACCEPT, OR CONTRACT FOR SERVICES OF PERSONNEL ,2 |
---|
| 454 | + | INCLUDING, BUT NOT LIMITED TO, EMPLOYEES OF A MEMBER STATE, OR AN3 |
---|
| 455 | + | ASSOCIATED NON-GOVERNMENTAL ORGANIZATION THAT IS OPEN TO4 |
---|
| 456 | + | MEMBERSHIP BY ALL STATES.5 |
---|
| 457 | + | 10. H |
---|
| 458 | + | IRE EMPLOYEES, ELECT, OR APPOINT OFFICERS , FIX6 |
---|
| 459 | + | COMPENSATION, DEFINE DUTIES, GRANT SUCH INDIVIDUALS APPROPRIATE7 |
---|
| 460 | + | AUTHORITY TO CARRY OUT THE PURPOSES OF THE COMPACT, AND8 |
---|
| 461 | + | ESTABLISH THE COMMISSION'S PERSONNEL POLICIES AND PROGRAMS9 |
---|
| 462 | + | RELATING TO CONFLICTS OF INTEREST , QUALIFICATIONS OF PERSONNEL,10 |
---|
| 463 | + | AND OTHER RELATED PERSONNEL MATTERS .11 |
---|
| 464 | + | 11. L |
---|
| 465 | + | EASE, PURCHASE, ACCEPT APPROPRIATE GIFTS OR DONATIONS12 |
---|
| 466 | + | OF, OR OTHERWISE OWN, HOLD, IMPROVE, OR USE, ANY PROPERTY, REAL,13 |
---|
| 467 | + | PERSONAL OR MIXED, PROVIDED THAT AT ALL TIMES THE COMMISSION14 |
---|
| 468 | + | SHALL AVOID ANY APPEARANCE OF IMPROPRIETY .15 |
---|
| 469 | + | 12. S |
---|
| 470 | + | ELL, CONVEY, MORTGAGE, PLEDGE, LEASE, EXCHANGE,16 |
---|
| 471 | + | ABANDON, OR OTHERWISE DISPOSE OF ANY PROPERTY REAL, PERSONAL, OR17 |
---|
| 472 | + | MIXED.18 |
---|
| 473 | + | 13. E |
---|
| 474 | + | STABLISH A BUDGET AND MAKE EXPENDITURES .19 |
---|
| 475 | + | 14. B |
---|
| 476 | + | ORROW MONEY.20 |
---|
| 477 | + | 15. A |
---|
| 478 | + | PPOINT COMMITTEES, INCLUDING STANDING COMMITTEES21 |
---|
| 479 | + | COMPOSED OF MEMBERS AND SUCH OTHER INTERESTED PERSONS AS MAY22 |
---|
| 480 | + | BE DESIGNATED IN THIS INTERSTATE COMPACT , RULES, OR BYLAWS.23 |
---|
| 481 | + | 16. P |
---|
| 482 | + | ROVIDE AND RECEIVE INFORMATION FROM , AND COOPERATE24 |
---|
| 483 | + | WITH, LAW ENFORCEMENT AGENCIES .25 |
---|
| 484 | + | 17. E |
---|
| 485 | + | STABLISH AND ELECT AN EXECUTIVE COMMITTEE.26 |
---|
| 486 | + | 18. E |
---|
| 487 | + | STABLISH AND DEVELOP A CHARTER FOR AN EXECUTIVE27 |
---|
| 488 | + | 1064 |
---|
| 489 | + | -12- INFORMATION GOVERNANCE COMMITTEE TO ADVISE ON FACILITATING1 |
---|
| 490 | + | EXCHANGE OF INFORMATION ; USE OF INFORMATION, DATA PRIVACY, AND2 |
---|
| 491 | + | TECHNICAL SUPPORT NEEDS, AND PROVIDE REPORTS AS NEEDED.3 |
---|
| 492 | + | 19. P |
---|
| 493 | + | ERFORM SUCH OTHER FUNCTIONS AS MAY BE NECESSARY OR4 |
---|
| 494 | + | APPROPRIATE TO ACHIEVE THE PURPOSES OF THIS INTERSTATE COMPACT5 |
---|
| 495 | + | CONSISTENT WITH THE STATE REGULATION OF TEACHER LICENSURE.6 |
---|
| 496 | + | 20. D |
---|
| 497 | + | ETERMINE WHETHER A STATE'S ADOPTED LANGUAGE IS7 |
---|
| 498 | + | MATERIALLY DIFFERENT FROM THE MODEL COMPACT LANGUAGE SUCH8 |
---|
| 499 | + | THAT THE STATE WOULD NOT QUALIFY FOR PARTICIPATION IN THE9 |
---|
| 500 | + | C |
---|
| 501 | + | OMPACT.10 |
---|
| 502 | + | D. The Executive Committee of the Interstate Teacher11 |
---|
| 503 | + | Mobility Compact Commission12 |
---|
| 504 | + | 1. T |
---|
| 505 | + | HE EXECUTIVE COMMITTEE SHALL HAVE THE POWER TO ACT13 |
---|
| 506 | + | ON BEHALF OF THE COMMISSION ACCORDING TO THE TERMS OF THIS14 |
---|
| 507 | + | INTERSTATE COMPACT.15 |
---|
| 508 | + | 2. T |
---|
| 509 | + | HE EXECUTIVE COMMITTEE SHALL BE COMPOSED OF EIGHT16 |
---|
| 510 | + | VOTING MEMBERS:17 |
---|
| 511 | + | a. T |
---|
| 512 | + | HE COMMISSION CHAIR, VICE CHAIR, AND TREASURER; AND18 |
---|
| 513 | + | b. F |
---|
| 514 | + | IVE MEMBERS WHO ARE ELECTED BY THE COMMISSION FROM19 |
---|
| 515 | + | THE CURRENT MEMBERSHIP :20 |
---|
| 516 | + | i. F |
---|
| 517 | + | OUR VOTING MEMBERS REPRESENTING GEOGRAPHIC REGIONS21 |
---|
| 518 | + | IN ACCORDANCE WITH COMMISSION RULES; AND22 |
---|
| 519 | + | ii. O |
---|
| 520 | + | NE AT LARGE VOTING MEMBER IN ACCORDANCE WITH23 |
---|
| 521 | + | C |
---|
| 522 | + | OMMISSION RULES.24 |
---|
| 523 | + | 3. T |
---|
| 524 | + | HE COMMISSION MAY ADD OR REMOVE MEMBERS OF THE25 |
---|
| 525 | + | E |
---|
| 526 | + | XECUTIVE COMMITTEE AS PROVIDED IN COMMISSION RULES.26 |
---|
| 527 | + | 4. T |
---|
| 528 | + | HE EXECUTIVE COMMITTEE SHALL MEET AT LEAST ONCE27 |
---|
| 529 | + | 1064 |
---|
| 530 | + | -13- ANNUALLY.1 |
---|
| 531 | + | 5. T |
---|
| 532 | + | HE EXECUTIVE COMMITTEE SHALL HAVE THE FOLLOWING2 |
---|
| 533 | + | DUTIES AND RESPONSIBILITIES:3 |
---|
| 534 | + | a. R |
---|
| 535 | + | ECOMMEND TO THE ENTIRE COMMISSION CHANGES TO THE4 |
---|
| 536 | + | R |
---|
| 537 | + | ULES OR BYLAWS, CHANGES TO THE COMPACT LEGISLATION, FEES PAID5 |
---|
| 538 | + | BY INTERSTATE COMPACT MEMBER STATES SUCH AS ANNUAL DUES, AND6 |
---|
| 539 | + | ANY COMPACT FEE CHARGED BY THE MEMBER STATES ON BEHALF OF THE7 |
---|
| 540 | + | C |
---|
| 541 | + | OMMISSION.8 |
---|
| 542 | + | b. E |
---|
| 543 | + | NSURE COMMISSION ADMINISTRATION SERVICES ARE9 |
---|
| 544 | + | APPROPRIATELY PROVIDED, CONTRACTUAL OR OTHERWISE .10 |
---|
| 545 | + | c. P |
---|
| 546 | + | REPARE AND RECOMMEND THE BUDGET .11 |
---|
| 547 | + | d. M |
---|
| 548 | + | AINTAIN FINANCIAL RECORDS ON BEHALF OF THE12 |
---|
| 549 | + | C |
---|
| 550 | + | OMMISSION.13 |
---|
| 551 | + | e. M |
---|
| 552 | + | ONITOR COMPLIANCE OF MEMBER STATES AND PROVIDE14 |
---|
| 553 | + | REPORTS TO THE COMMISSION.15 |
---|
| 554 | + | f. P |
---|
| 555 | + | ERFORM OTHER DUTIES AS PROVIDED IN RULES OR BYLAWS.16 |
---|
| 556 | + | 6. Meetings of the Commission17 |
---|
| 557 | + | a. A |
---|
| 558 | + | LL MEETINGS SHALL BE OPEN TO THE PUBLIC , AND PUBLIC18 |
---|
| 559 | + | NOTICE OF MEETINGS SHALL BE GIVEN IN ACCORDANCE WITH COMMISSION19 |
---|
| 560 | + | B |
---|
| 561 | + | YLAWS.20 |
---|
| 562 | + | b. T |
---|
| 563 | + | HE COMMISSION OR THE EXECUTIVE COMMITTEE OR OTHER21 |
---|
| 564 | + | COMMITTEES OF THE COMMISSION MAY CONVENE IN A CLOSED ,22 |
---|
| 565 | + | NON-PUBLIC MEETING IF THE COMMISSION OR EXECUTIVE COMMITTEE OR23 |
---|
| 566 | + | OTHER COMMITTEES OF THE COMMISSION MUST DISCUSS:24 |
---|
| 567 | + | i. N |
---|
| 568 | + | ON-COMPLIANCE OF A MEMBER STATE WITH ITS OBLIGATIONS25 |
---|
| 569 | + | UNDER THE COMPACT.26 |
---|
| 570 | + | ii. T |
---|
| 571 | + | HE EMPLOYMENT, COMPENSATION, DISCIPLINE, OR OTHER27 |
---|
| 572 | + | 1064 |
---|
| 573 | + | -14- MATTERS, PRACTICES, OR PROCEDURES RELATED TO SPECIFIC EMPLOYEES1 |
---|
| 574 | + | OR OTHER MATTERS RELATED TO THE COMMISSION'S INTERNAL2 |
---|
| 575 | + | PERSONNEL PRACTICES AND PROCEDURES .3 |
---|
| 576 | + | iii. C |
---|
| 577 | + | URRENT, THREATENED, OR REASONABLY ANTICIPATED4 |
---|
| 578 | + | LITIGATION.5 |
---|
| 579 | + | iv. N |
---|
| 580 | + | EGOTIATION OF CONTRACTS FOR THE PURCHASE , LEASE, OR6 |
---|
| 581 | + | SALE OF GOODS, SERVICES, OR REAL ESTATE.7 |
---|
| 582 | + | v. A |
---|
| 583 | + | CCUSING ANY PERSON OF A CRIME OR FORMALLY CENSURING8 |
---|
| 584 | + | ANY PERSON.9 |
---|
| 585 | + | vi. D |
---|
| 586 | + | ISCLOSURE OF TRADE SECRETS OR COMMERCIAL OR FINANCIAL10 |
---|
| 587 | + | INFORMATION THAT IS PRIVILEGED OR CONFIDENTIAL .11 |
---|
| 588 | + | vii. D |
---|
| 589 | + | ISCLOSURE OF INFORMATION OF A PERSONAL NATURE WHERE12 |
---|
| 590 | + | DISCLOSURE WOULD CONSTITUTE A CLEARLY UNWARRANTED INVASION OF13 |
---|
| 591 | + | PERSONAL PRIVACY.14 |
---|
| 592 | + | viii. D |
---|
| 593 | + | ISCLOSURE OF INVESTIGATIVE RECORDS COMPILED FOR LAW15 |
---|
| 594 | + | ENFORCEMENT PURPOSES .16 |
---|
| 595 | + | ix. D |
---|
| 596 | + | ISCLOSURE OF INFORMATION RELATED TO ANY INVESTIGATIVE17 |
---|
| 597 | + | REPORTS PREPARED BY OR ON BEHALF OF OR FOR USE OF THE COMMISSION18 |
---|
| 598 | + | OR OTHER COMMITTEE CHARGED WITH RESPONSIBILITY OF INVESTIGATION19 |
---|
| 599 | + | OR DETERMINATION OF COMPLIANCE ISSUES PURSUANT TO THE COMPACT.20 |
---|
| 600 | + | x. M |
---|
| 601 | + | ATTERS SPECIFICALLY EXEMPTED FROM DISCLOSURE BY21 |
---|
| 602 | + | FEDERAL OR MEMBER STATE STATUTE.22 |
---|
| 603 | + | xi. O |
---|
| 604 | + | THERS MATTERS AS SET FORTH BY COMMISSION BYLAWS AND23 |
---|
| 605 | + | R |
---|
| 606 | + | ULES.24 |
---|
| 607 | + | c. I |
---|
| 608 | + | F A MEETING, OR PORTION OF A MEETING, IS CLOSED PURSUANT25 |
---|
| 609 | + | TO THIS PROVISION, THE COMMISSION'S LEGAL COUNSEL OR DESIGNEE26 |
---|
| 610 | + | SHALL CERTIFY THAT THE MEETING MAY BE CLOSED AND SHALL27 |
---|
| 611 | + | 1064 |
---|
| 612 | + | -15- REFERENCE EACH RELEVANT EXEMPTING PROVISION .1 |
---|
| 613 | + | d. T |
---|
| 614 | + | HE COMMISSION SHALL KEEP MINUTES OF COMMISSION2 |
---|
| 615 | + | MEETINGS AND SHALL PROVIDE A FULL AND ACCURATE SUMMARY OF3 |
---|
| 616 | + | ACTIONS TAKEN, AND THE REASONS THEREFORE , INCLUDING A4 |
---|
| 617 | + | DESCRIPTION OF THE VIEWS EXPRESSED. ALL DOCUMENTS CONSIDERED IN5 |
---|
| 618 | + | CONNECTION WITH AN ACTION SHALL BE IDENTIFIED IN SUCH MINUTES .6 |
---|
| 619 | + | A |
---|
| 620 | + | LL MINUTES AND DOCUMENTS OF A CLOSED MEETING SHALL REMAIN7 |
---|
| 621 | + | UNDER SEAL, SUBJECT TO RELEASE BY A MAJORITY VOTE OF THE8 |
---|
| 622 | + | C |
---|
| 623 | + | OMMISSION OR ORDER OF A COURT OF COMPETENT JURISDICTION .9 |
---|
| 624 | + | 7. Financing of the Commission10 |
---|
| 625 | + | a. T |
---|
| 626 | + | HE COMMISSION SHALL PAY, OR PROVIDE FOR THE PAYMENT11 |
---|
| 627 | + | OF, THE REASONABLE EXPENSES OF ITS ESTABLISHMENT , ORGANIZATION,12 |
---|
| 628 | + | AND ONGOING ACTIVITIES.13 |
---|
| 629 | + | b. T |
---|
| 630 | + | HE COMMISSION MAY ACCEPT ALL APPROPRIATE DONATIONS14 |
---|
| 631 | + | AND GRANTS OF MONEY , EQUIPMENT, SUPPLIES, MATERIALS, AND15 |
---|
| 632 | + | SERVICES, AND RECEIVE, UTILIZE, AND DISPOSE OF THE SAME, PROVIDED16 |
---|
| 633 | + | THAT AT ALL TIMES THE COMMISSION SHALL AVOID ANY APPEARANCE OF17 |
---|
| 634 | + | IMPROPRIETY OR CONFLICT OF INTEREST.18 |
---|
| 635 | + | c. T |
---|
| 636 | + | HE COMMISSION MAY LEVY ON AND COLLECT AN ANNUAL19 |
---|
| 637 | + | ASSESSMENT FROM EACH MEMBER STATE OR IMPOSE FEES ON OTHER20 |
---|
| 638 | + | PARTIES TO COVER THE COST OF THE OPERATIONS AND ACTIVITIES OF THE21 |
---|
| 639 | + | C |
---|
| 640 | + | OMMISSION, IN ACCORDANCE WITH THE COMMISSION RULES.22 |
---|
| 641 | + | d. T |
---|
| 642 | + | HE COMMISSION SHALL NOT INCUR OBLIGATIONS OF ANY KIND23 |
---|
| 643 | + | PRIOR TO SECURING THE FUNDS ADEQUATE TO MEET THE SAME ; NOR SHALL24 |
---|
| 644 | + | THE COMMISSION PLEDGE THE CREDIT OF ANY OF THE MEMBER STATES,25 |
---|
| 645 | + | EXCEPT BY AND WITH THE AUTHORITY OF THE MEMBER STATE.26 |
---|
| 646 | + | e. T |
---|
| 647 | + | HE COMMISSION SHALL KEEP ACCURATE ACCOUNTS OF ALL27 |
---|
| 648 | + | 1064 |
---|
| 649 | + | -16- RECEIPTS AND DISBURSEMENTS . THE RECEIPTS AND DISBURSEMENTS OF1 |
---|
| 650 | + | THE COMMISSION SHALL BE SUBJECT TO ACCOUNTING PROCEDURES2 |
---|
| 651 | + | ESTABLISHED UNDER COMMISSION BYLAWS. ALL RECEIPTS AND3 |
---|
| 652 | + | DISBURSEMENTS OF FUNDS OF THE COMMISSION SHALL BE REVIEWED4 |
---|
| 653 | + | ANNUALLY IN ACCORDANCE WITH COMMISSION BYLAWS, AND A REPORT5 |
---|
| 654 | + | OF THE REVIEW SHALL BE INCLUDED IN AND BECOME PART OF THE ANNUAL6 |
---|
| 655 | + | REPORT OF THE COMMISSION.7 |
---|
| 656 | + | 8. Qualified Immunity, Defense, and Indemnification8 |
---|
| 657 | + | a. T |
---|
| 658 | + | HE MEMBERS, OFFICERS, EXECUTIVE DIRECTOR, EMPLOYEES,9 |
---|
| 659 | + | AND REPRESENTATIVES OF THE COMMISSION SHALL BE IMMUNE FROM SUIT10 |
---|
| 660 | + | AND LIABILITY, EITHER PERSONALLY OR IN THEIR OFFICIAL CAPACITY, FOR11 |
---|
| 661 | + | ANY CLAIM FOR DAMAGE TO OR LOSS OF PROPERTY OR PERSONAL INJURY12 |
---|
| 662 | + | OR OTHER CIVIL LIABILITY CAUSED BY OR ARISING OUT OF ANY ACTUAL OR13 |
---|
| 663 | + | ALLEGED ACT, ERROR, OR OMISSION THAT OCCURRED , OR THAT THE14 |
---|
| 664 | + | PERSON AGAINST WHOM THE CLAIM IS MADE HAD A REASONABLE BASIS15 |
---|
| 665 | + | FOR BELIEVING OCCURRED WITHIN THE SCOPE OF COMMISSION16 |
---|
| 666 | + | EMPLOYMENT, DUTIES, OR RESPONSIBILITIES; PROVIDED THAT NOTHING IN17 |
---|
| 667 | + | THIS PARAGRAPH SHALL BE CONSTRUED TO PROTECT ANY SUCH PERSON18 |
---|
| 668 | + | FROM SUIT OR LIABILITY FOR ANY DAMAGE , LOSS, INJURY, OR LIABILITY19 |
---|
| 669 | + | CAUSED BY THE INTENTIONAL OR WILLFUL OR WANTON MISCONDUCT OF20 |
---|
| 670 | + | THAT PERSON.21 |
---|
| 671 | + | b. T |
---|
| 672 | + | HE COMMISSION SHALL DEFEND ANY MEMBER , OFFICER,22 |
---|
| 673 | + | EXECUTIVE DIRECTOR , EMPLOYEE, OR REPRESENTATIVE OF THE23 |
---|
| 674 | + | C |
---|
| 675 | + | OMMISSION IN ANY CIVIL ACTION SEEKING TO IMPOSE LIABILITY ARISING24 |
---|
| 676 | + | OUT OF ANY ACTUAL OR ALLEGED ACT , ERROR, OR OMISSION THAT25 |
---|
| 677 | + | OCCURRED WITHIN THE SCOPE OF COMMISSION EMPLOYMENT , DUTIES, OR26 |
---|
| 678 | + | RESPONSIBILITIES, OR THAT THE PERSON AGAINST WHOM THE CLAIM IS27 |
---|
| 679 | + | 1064 |
---|
| 680 | + | -17- MADE HAD A REASONABLE BASIS FOR BELIEVING OCCURRED WITHIN THE1 |
---|
| 681 | + | SCOPE OF COMMISSION EMPLOYMENT , DUTIES, OR RESPONSIBILITIES;2 |
---|
| 682 | + | PROVIDED THAT NOTHING HEREIN SHALL BE CONSTRUED TO PROHIBIT THAT3 |
---|
| 683 | + | PERSON FROM RETAINING HIS OR HER OWN COUNSEL ; AND PROVIDED4 |
---|
| 684 | + | FURTHER, THAT THE ACTUAL OR ALLEGED ACT , ERROR, OR OMISSION DID5 |
---|
| 685 | + | NOT RESULT FROM THAT PERSON'S INTENTIONAL OR WILLFUL OR WANTON6 |
---|
| 686 | + | MISCONDUCT.7 |
---|
| 687 | + | c. T |
---|
| 688 | + | HE COMMISSION SHALL INDEMNIFY AND HOLD HARMLESS ANY8 |
---|
| 689 | + | MEMBER, OFFICER, EXECUTIVE DIRECTOR, EMPLOYEE, OR REPRESENTATIVE9 |
---|
| 690 | + | OF THE COMMISSION FOR THE AMOUNT OF ANY SETTLEMENT OR J UDGMENT10 |
---|
| 691 | + | OBTAINED AGAINST THAT PERSON ARISING OUT OF ANY ACTUAL OR11 |
---|
| 692 | + | ALLEGED ACT, ERROR, OR OMISSION THAT OCCURRED WITHIN THE SCOPE12 |
---|
| 693 | + | OF COMMISSION EMPLOYMENT , DUTIES, OR RESPONSIBILITIES, OR THAT13 |
---|
| 694 | + | SUCH PERSON HAD A REASONABLE BASIS FOR BELIEVING OCCURRED14 |
---|
| 695 | + | WITHIN THE SCOPE OF COMMISSION EMPLOYMENT , DUTIES, OR15 |
---|
| 696 | + | RESPONSIBILITIES, PROVIDED THAT THE ACTUAL OR ALLEGED ACT , ERROR,16 |
---|
| 697 | + | OR OMISSION DID NOT RESULT FROM THE INTENTIONAL OR WILLFUL OR17 |
---|
| 698 | + | WANTON MISCONDUCT OF THAT PERSON .18 |
---|
| 699 | + | ARTICLE VIII- RULEMAKING19 |
---|
| 700 | + | A. T |
---|
| 701 | + | HE COMMISSION SHALL EXERCISE ITS RULEMAKING POWERS20 |
---|
| 702 | + | PURSUANT TO THE CRITERIA SET FORTH IN THIS INTERSTATE COMPACT AND21 |
---|
| 703 | + | THE RULES ADOPTED THEREUNDER . RULES AND AMENDMENTS SHALL22 |
---|
| 704 | + | BECOME BINDING AS OF THE DATE SPECIFIED IN EACH RULE OR23 |
---|
| 705 | + | AMENDMENT.24 |
---|
| 706 | + | B. T |
---|
| 707 | + | HE COMMISSION SHALL PROMULGATE REASONABLE RULES TO25 |
---|
| 708 | + | ACHIEVE THE INTENT AND PURPOSE OF THIS INTERSTATE COMPACT . IN THE26 |
---|
| 709 | + | EVENT THE COMMISSION EXERCISES ITS RULEMAKING AUTHORITY IN A27 |
---|
| 710 | + | 1064 |
---|
| 711 | + | -18- MANNER THAT IS BE YOND PURPOSE AND INTENT OF THIS INTERSTATE1 |
---|
| 712 | + | COMPACT, OR THE POWERS GRANTED HEREUNDER , THEN SUCH AN ACTION2 |
---|
| 713 | + | BY THE COMMISSION SHALL BE INVALID AND HAVE NO FORCE AND EFFECT3 |
---|
| 714 | + | OF LAW IN THE MEMBER STATES.4 |
---|
| 715 | + | C. I |
---|
| 716 | + | F A MAJORITY OF THE LEGISLATURES OF THE MEMBER STATES5 |
---|
| 717 | + | REJECTS A RULE, BY ENACTMENT OF A STATUTE OR RESOLUTION IN THE6 |
---|
| 718 | + | SAME MANNER USED TO ADOPT THE COMPACT WITHIN FOUR (4) YEARS OF7 |
---|
| 719 | + | THE DATE OF ADOPTION OF THE RULE, THEN SUCH RULE SHALL HAVE NO8 |
---|
| 720 | + | FURTHER FORCE AND EFFECT IN ANY MEMBER STATE.9 |
---|
| 721 | + | D. R |
---|
| 722 | + | ULES OR AMENDMENTS TO THE RULES SHALL BE ADOPTED OR10 |
---|
| 723 | + | RATIFIED AT A REGULAR OR SPECIAL MEETING OF THE COMMISSION IN11 |
---|
| 724 | + | ACCORDANCE WITH COMMISSION RULES AND BYLAWS.12 |
---|
| 725 | + | E. U |
---|
| 726 | + | PON DETERMINATION THAT AN EMERGENCY EXISTS , THE13 |
---|
| 727 | + | C |
---|
| 728 | + | OMMISSION MAY CONSIDER AND ADOPT AN EMERGENCY RULE WITH14 |
---|
| 729 | + | FORTY-EIGHT (48) HOURS' NOTICE, WITH OPPORTUNITY TO COMMENT ,15 |
---|
| 730 | + | PROVIDED THAT THE USUAL RULEMAKING PROCEDURES SHALL BE16 |
---|
| 731 | + | RETROACTIVELY APPLIED TO THE RULE AS SOON AS REASONABLY17 |
---|
| 732 | + | POSSIBLE, IN NO EVENT LATER THAN NINETY (90) DAYS AFTER THE18 |
---|
| 733 | + | EFFECTIVE DATE OF THE RULE. FOR THE PURPOSES OF THIS PROVISION, AN19 |
---|
| 734 | + | EMERGENCY RULE IS ONE THAT MUST BE ADOPTED IMMEDIATELY IN20 |
---|
| 735 | + | ORDER TO:21 |
---|
| 736 | + | 1. M |
---|
| 737 | + | EET AN IMMINENT THREAT TO PUBLIC HEALTH , SAFETY, OR22 |
---|
| 738 | + | WELFARE.23 |
---|
| 739 | + | 2. P |
---|
| 740 | + | REVENT A LOSS OF COMMISSION OR MEMBER STATE FUNDS.24 |
---|
| 741 | + | 3. M |
---|
| 742 | + | EET A DEADLINE FOR THE PROMULGATION OF AN25 |
---|
| 743 | + | ADMINISTRATIVE RULE THAT IS ESTABLISHED BY FEDERAL LAW OR RULE;26 |
---|
| 744 | + | OR27 |
---|
| 745 | + | 1064 |
---|
| 746 | + | -19- 4. PROTECT PUBLIC HEALTH AND SAFETY .1 |
---|
| 747 | + | ARTICLE IX- FACILITATING INFORMATION EXCHANGE2 |
---|
| 748 | + | A. T |
---|
| 749 | + | HE COMMISSION SHALL PROVIDE FOR FACILITATING THE3 |
---|
| 750 | + | EXCHANGE OF INFORMATION TO ADMINISTER AND IMPLEMENT THE4 |
---|
| 751 | + | PROVISIONS OF THIS COMPACT IN ACCORDANCE WITH THE RULES OF THE5 |
---|
| 752 | + | C |
---|
| 753 | + | OMMISSION, CONSISTENT WITH GENERALLY ACCEPTED DATA PROTECTION6 |
---|
| 754 | + | PRINCIPLES.7 |
---|
| 755 | + | B. N |
---|
| 756 | + | OTHING IN THIS COMPACT SHALL BE DEEMED OR CONSTRUED8 |
---|
| 757 | + | TO ALTER, LIMIT, OR INHIBIT THE POWER OF A MEMBER STATE TO9 |
---|
| 758 | + | CONTROL AND MAINTAIN OWNERSHIP OF ITS LICENSEE INFORMATION OR10 |
---|
| 759 | + | ALTER, LIMIT, OR INHIBIT THE LAWS OR REGULATIONS GOVERNING11 |
---|
| 760 | + | LICENSEE INFORMATION IN THE MEMBER STATE.12 |
---|
| 761 | + | ARTICLE X- OVERSIGHT, DISPUTE RESOLUTION, AND13 |
---|
| 762 | + | ENFORCEMENT14 |
---|
| 763 | + | A. Oversight15 |
---|
| 764 | + | 1. T |
---|
| 765 | + | HE EXECUTIVE AND JUDICIAL BRANCHES OF STATE16 |
---|
| 766 | + | GOVERNMENT IN EACH MEMBER STATE SHALL ENFORCE THIS COMPACT17 |
---|
| 767 | + | AND TAKE ALL ACTIONS NECESSARY AND APPROPRIATE TO EFFECTUATE18 |
---|
| 768 | + | THE COMPACT'S PURPOSES AND INTENT . THE PROVISIONS OF THIS19 |
---|
| 769 | + | C |
---|
| 770 | + | OMPACT SHALL HAVE STANDING AS STATUTORY LAW .20 |
---|
| 771 | + | 2. V |
---|
| 772 | + | ENUE IS PROPER AND JUDICIAL PROCEEDINGS BY OR AGAINST21 |
---|
| 773 | + | THE COMMISSION SHALL BE BROUGHT SOLELY AND EXCLUSIVELY IN A22 |
---|
| 774 | + | COURT OF COMPETENT JURISDICTION WHERE THE PRINCIPAL OFFICE OF THE23 |
---|
| 775 | + | C |
---|
| 776 | + | OMMISSION IS LOCATED. THE COMMISSION MAY WAIVE VENUE AND24 |
---|
| 777 | + | JURISDICTIONAL DEFENSES TO THE EXTENT IT ADOPTS OR CONSENTS TO25 |
---|
| 778 | + | PARTICIPATE IN ALTERNATIVE DISPUTE RESOLUTION PROCEEDINGS .26 |
---|
307 | | - | ATIONAL BOARD CERTIFICATION; |
---|
308 | | - | 2. P |
---|
309 | | - | ARTICIPATE IN THE EXCHANGE OF NAMES OF TEACHERS WHOSE |
---|
310 | | - | LICENSE HAS BEEN SUBJECT TO AN |
---|
311 | | - | ADVERSE ACTION BY A MEMBER STATE; |
---|
312 | | - | OR |
---|
313 | | - | 3. PARTICIPATE IN ANY AGREEMENT OR COOPERATIVE |
---|
314 | | - | ARRANGEMENT WITH A NON |
---|
315 | | - | -MEMBER STATE. |
---|
316 | | - | ARTICLE V- TEACHER QUALIFICATIONS AND |
---|
317 | | - | REQUIREMENTS FOR LICENSURE UNDER THE COMPACT |
---|
318 | | - | A. E |
---|
319 | | - | XCEPT AS PROVIDED FOR ACTIVE MILITARY MEMBERS OR |
---|
320 | | - | ELIGIBLE MILITARY SPOUSES IN ARTICLE III.D ABOVE, A TEACHER MAY |
---|
321 | | - | ONLY BE ELIGIBLE TO RECEIVE A LICENSE UNDER THIS |
---|
322 | | - | COMPACT WHERE |
---|
323 | | - | THAT |
---|
324 | | - | TEACHER HOLDS AN UNENCUMBERED LICENSE IN A MEMBER STATE. |
---|
| 780 | + | OTHING HEREIN SHALL AFFECT OR LIMIT THE SELECTION OR PROPRIETY27 |
---|
| 781 | + | 1064 |
---|
| 782 | + | -20- OF VENUE IN ANY ACTION AGAINST A LICENSEE FOR PROFESSIONAL1 |
---|
| 783 | + | MALPRACTICE, MISCONDUCT, OR ANY SUCH SIMILAR MATTER.2 |
---|
| 784 | + | 3. A |
---|
| 785 | + | LL COURTS AND ALL ADMINISTRATIVE AGENCIES SHALL TAKE3 |
---|
| 786 | + | JUDICIAL NOTICE OF THE COMPACT, THE RULES OF THE COMMISSION, AND4 |
---|
| 787 | + | ANY INFORMATION PROVIDED TO A MEMBER STATE PURSUANT THERETO5 |
---|
| 788 | + | IN ANY JUDICIAL OR QUASI -JUDICIAL PROCEEDING IN A MEMBER STATE6 |
---|
| 789 | + | PERTAINING TO THE SUBJECT MATTER OF THIS COMPACT, OR WHICH MAY7 |
---|
| 790 | + | AFFECT THE POWERS, RESPONSIBILITIES, OR ACTIONS OF THE COMMISSION.8 |
---|
| 791 | + | 4. T |
---|
| 792 | + | HE COMMISSION SHALL BE ENTITLED TO RECEIVE SERVICE OF9 |
---|
| 793 | + | PROCESS IN ANY PROCEEDING REGARDING THE ENFORCEMENT OR10 |
---|
| 794 | + | INTERPRETATION OF THE COMPACT AND SHALL HAVE STANDING TO11 |
---|
| 795 | + | INTERVENE IN SUCH A PROCEEDING FOR ALL PURPOSES . FAILURE TO12 |
---|
| 796 | + | PROVIDE THE COMMISSION SERVICE OF PROCESS SHALL RENDER A13 |
---|
| 797 | + | JUDGMENT OR ORDER VOID AS TO THE COMMISSION, THIS COMPACT, OR14 |
---|
| 798 | + | PROMULGATED RULES.15 |
---|
| 799 | + | B. Default, Technical Assistance, and Termination16 |
---|
| 800 | + | 1. I |
---|
| 801 | + | F THE COMMISSION DETERMINES THAT A MEMBER STATE HAS17 |
---|
| 802 | + | DEFAULTED IN THE PERFORMANCE OF ITS OBLIGATIONS OR18 |
---|
| 803 | + | RESPONSIBILITIES UNDER THIS COMPACT OR THE PROMULGATED RULES,19 |
---|
| 804 | + | THE COMMISSION SHALL:20 |
---|
| 805 | + | a. P |
---|
| 806 | + | ROVIDE WRITTEN NOTICE TO THE DEFAULTING STATE AND21 |
---|
| 807 | + | OTHER MEMBER STATES OF THE NATURE OF THE DEFAULT, THE PROPOSED22 |
---|
| 808 | + | MEANS OF CURING THE DEFAULT, OR ANY OTHER ACTION TO BE TAKEN BY23 |
---|
| 809 | + | THE COMMISSION; AND24 |
---|
| 810 | + | b. P |
---|
| 811 | + | ROVIDE REMEDIAL TRAINING AND SPECIFIC TECHNICAL25 |
---|
| 812 | + | ASSISTANCE REGARDING THE DEFAULT .26 |
---|
| 813 | + | 2. I |
---|
| 814 | + | F A STATE IN DEFAULT FAILS TO CURE THE DEFAULT , THE27 |
---|
| 815 | + | 1064 |
---|
| 816 | + | -21- DEFAULTING STATE MAY BE TERMINATED FROM THE COMPACT UPON AN1 |
---|
| 817 | + | AFFIRMATIVE VOTE OF A MAJORITY OF THE COMMISSIONERS OF THE2 |
---|
| 818 | + | M |
---|
| 819 | + | EMBER STATES, AND ALL RIGHTS , PRIVILEGES, AND BENEFITS3 |
---|
| 820 | + | CONFERRED ON THAT STATE BY THIS COMPACT MAY BE TERMINATED ON4 |
---|
| 821 | + | THE EFFECTIVE DATE OF TERMINATION. A CURE OF THE DEFAULT DOES NOT5 |
---|
| 822 | + | RELIEVE THE OFFENDING STATE OF OBLIGATIONS OR LIABILITIES INCURRED6 |
---|
| 823 | + | DURING THE PERIOD OF DEFAULT.7 |
---|
| 824 | + | 3. T |
---|
| 825 | + | ERMINATION OF MEMBERSHIP IN THE COMPACT SHALL BE8 |
---|
| 826 | + | IMPOSED ONLY AFTER ALL OTHER MEANS OF SECURING COMPLIANCE HAVE9 |
---|
| 827 | + | BEEN EXHAUSTED. NOTICE OF INTENT TO SUSPEND OR TERMINATE SHALL10 |
---|
| 828 | + | BE GIVEN BY THE COMMISSION TO THE GOVERNOR , THE MAJORITY AND11 |
---|
| 829 | + | MINORITY LEADERS OF THE DEFAULTING STATE'S LEGISLATURE, THE12 |
---|
| 830 | + | S |
---|
| 831 | + | TATE LICENSING AUTHORITY, AND EACH OF THE MEMBER STATES.13 |
---|
| 832 | + | 4. A |
---|
| 833 | + | STATE THAT HAS BEEN TERMINATED IS RESPONSIBLE FOR ALL14 |
---|
| 834 | + | ASSESSMENTS, OBLIGATIONS, AND LIABILITIES INCURRED THROUGH THE15 |
---|
| 835 | + | EFFECTIVE DATE OF TERMINATION, INCLUDING OBLIGATIONS THAT EXTEND16 |
---|
| 836 | + | BEYOND THE EFFECTIVE DATE OF TERMINATION .17 |
---|
| 837 | + | 5. T |
---|
| 838 | + | HE COMMISSION SHALL NOT BEAR ANY COSTS RELATED TO A18 |
---|
| 839 | + | S |
---|
| 840 | + | TATE THAT IS FOUND TO BE IN DEFAULT OR THAT HAS BEEN TERMINATED19 |
---|
| 841 | + | FROM THE COMPACT, UNLESS AGREED UPON IN WRITING BETWEEN THE20 |
---|
| 842 | + | C |
---|
| 843 | + | OMMISSION AND THE DEFAULTING STATE.21 |
---|
| 844 | + | 6. T |
---|
| 845 | + | HE DEFAULTING STATE MAY APPEAL THE ACTION OF THE22 |
---|
| 846 | + | C |
---|
| 847 | + | OMMISSION BY PETITIONING THE U.S. DISTRICT COURT FOR THE23 |
---|
| 848 | + | D |
---|
| 849 | + | ISTRICT OF COLUMBIA OR THE FEDERAL DISTRICT WHERE THE24 |
---|
| 850 | + | C |
---|
| 851 | + | OMMISSION HAS ITS PRINCIPAL OFFICES. THE PREVAILING PARTY SHALL25 |
---|
| 852 | + | BE AWARDED ALL COSTS OF SUCH LITIGATION , INCLUDING REASONABLE26 |
---|
| 853 | + | ATTORNEY'S FEES.27 |
---|
| 854 | + | 1064 |
---|
| 855 | + | -22- C. Dispute Resolution1 |
---|
| 856 | + | 1. U |
---|
| 857 | + | PON REQUEST BY A MEMBER STATE, THE COMMISSION SHALL2 |
---|
| 858 | + | ATTEMPT TO RESOLVE DISPUTES RELATED TO THE COMPACT THAT ARISE3 |
---|
| 859 | + | AMONG MEMBER STATES AND BETWEEN MEMBER AND NON-MEMBER4 |
---|
| 860 | + | S |
---|
| 861 | + | TATES.5 |
---|
| 862 | + | 2. T |
---|
| 863 | + | HE COMMISSION SHALL PROMULGATE A RULE PROVIDING FOR6 |
---|
| 864 | + | BOTH BINDING AND NON-BINDING ALTERNATIVE DISPUTE RESOLUTION FOR7 |
---|
| 865 | + | DISPUTES AS APPROPRIATE.8 |
---|
| 866 | + | D. Enforcement9 |
---|
| 867 | + | 1. T |
---|
| 868 | + | HE COMMISSION, IN THE REASONABLE EXERCISE OF ITS10 |
---|
| 869 | + | DISCRETION, SHALL ENFORCE THE PROVISIONS AND RULES OF THIS11 |
---|
| 870 | + | C |
---|
| 871 | + | OMPACT.12 |
---|
| 872 | + | 2. B |
---|
| 873 | + | Y MAJORITY VOTE, THE COMMISSION MAY INITIATE LEGAL13 |
---|
| 874 | + | ACTION IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF14 |
---|
| 875 | + | C |
---|
| 876 | + | OLUMBIA OR THE FEDERAL DISTRICT WHERE THE COMMISSION HAS ITS15 |
---|
| 877 | + | PRINCIPAL OFFICES AGAINST A MEMBER STATE IN DEFAULT TO ENFORCE16 |
---|
| 878 | + | COMPLIANCE WITH THE PROVISIONS OF THE COMPACT AND ITS17 |
---|
| 879 | + | PROMULGATED RULES AND BYLAWS. THE RELIEF SOUGHT MAY INCLUDE18 |
---|
| 880 | + | BOTH INJUNCTIVE RELIEF AND DAMAGES . IN THE EVENT JUDICIAL19 |
---|
| 881 | + | ENFORCEMENT IS NECESSARY, THE PREVAILING PARTY SHALL BE AWARDED20 |
---|
| 882 | + | ALL COSTS OF SUCH LITIGATION, INCLUDING REASONABLE ATTORNEY 'S21 |
---|
| 883 | + | FEES. THE REMEDIES HEREIN SHALL NOT BE THE EXCLUSIVE REMEDIES OF22 |
---|
| 884 | + | THE COMMISSION. THE COMMISSION MAY PURSUE ANY OTHER REMEDIES23 |
---|
| 885 | + | AVAILABLE UNDER FEDERAL OR STATE LAW.24 |
---|
| 886 | + | ARTICLE XI- EFFECTUATION, WITHDRAWAL,25 |
---|
| 887 | + | AND AMENDMENT26 |
---|
| 888 | + | A. T |
---|
| 889 | + | HE COMPACT SHALL COME INTO EFFECT ON THE DATE ON27 |
---|
| 890 | + | 1064 |
---|
| 891 | + | -23- WHICH THE COMPACT STATUTE IS ENACTED INTO LAW IN THE TENTH1 |
---|
| 892 | + | M |
---|
| 893 | + | EMBER STATE.2 |
---|
| 894 | + | 1. O |
---|
| 895 | + | N OR AFTER THE EFFECTIVE DATE OF THE COMPACT, THE3 |
---|
| 896 | + | C |
---|
| 897 | + | OMMISSION SHALL CONVENE AND REVIEW THE ENACTMENT OF EACH OF4 |
---|
| 898 | + | THE CHARTER MEMBER STATES TO DETERMINE IF THE STATUTE ENACTED5 |
---|
| 899 | + | BY EACH SUCH CHARTER MEMBER STATE IS MATERIALLY DIFFERENT FROM6 |
---|
| 900 | + | THE MODEL COMPACT STATUTE.7 |
---|
| 901 | + | 2. A |
---|
| 902 | + | CHARTER MEMBER STATE WHOSE ENACTMENT IS FOUND TO8 |
---|
| 903 | + | BE MATERIALLY DIFFERENT FROM THE MODEL COMPACT STATUTE SHALL9 |
---|
| 904 | + | BE ENTITLED TO THE DEFAULT PROCESS SET FORTH IN ARTICLE X.10 |
---|
| 905 | + | 3. M |
---|
| 906 | + | EMBER STATES ENACTING THE COMPACT SUBSEQUENT TO THE11 |
---|
| 907 | + | C |
---|
| 908 | + | HARTER MEMBER STATES SHALL BE SUBJECT TO THE PROCESS SET FORTH12 |
---|
| 909 | + | IN ARTICLE VII.C.20 TO DETERMINE IF THEIR ENACTMENTS ARE13 |
---|
| 910 | + | MATERIALLY DIFFERENT FROM THE MODEL COMPACT STATUTE AND14 |
---|
| 911 | + | WHETHER THEY QUALIFY FOR PARTICIPATION IN THE COMPACT.15 |
---|
| 912 | + | B. I |
---|
| 913 | + | F ANY MEMBER STATE IS LATER FOUND TO BE IN DEFAULT, OR16 |
---|
| 914 | + | IS TERMINATED OR WITHDRAWS FROM THE COMPACT, THE COMMISSION17 |
---|
| 915 | + | SHALL REMAIN IN EXISTENCE AND THE COMPACT SHALL REMAIN IN EFFECT18 |
---|
| 916 | + | EVEN IF THE NUMBER OF MEMBER STATES SHOULD BE LESS THAN TEN.19 |
---|
| 917 | + | C. A |
---|
| 918 | + | NY STATE THAT JOINS THE COMPACT AFTER THE20 |
---|
| 919 | + | C |
---|
| 920 | + | OMMISSION'S INITIAL ADOPTION OF THE RULES AND BYLAWS SHALL BE21 |
---|
| 921 | + | SUBJECT TO THE RULES AND BYLAWS AS THEY EXIST ON THE DATE ON22 |
---|
| 922 | + | WHICH THE COMPACT BECOMES LAW IN THAT STATE. ANY RULE THAT HAS23 |
---|
| 923 | + | BEEN PREVIOUSLY ADOPTED BY THE COMMISSION SHALL HAVE THE FULL24 |
---|
| 924 | + | FORCE AND EFFECT OF LAW ON THE DAY THE COMPACT BECOMES LAW IN25 |
---|
| 925 | + | THAT STATE, AS THE RULES AND BYLAWS MAY BE AMENDED AS PROVIDED26 |
---|
| 926 | + | IN THIS COMPACT.27 |
---|
| 927 | + | 1064 |
---|
| 928 | + | -24- D. ANY MEMBER STATE MAY WITHDRAW FROM THIS COMPACT BY1 |
---|
| 929 | + | ENACTING A STATUTE REPEALING THE SAME .2 |
---|
| 930 | + | 1. A |
---|
| 931 | + | MEMBER STATE'S WITHDRAWAL SHALL NOT TAKE EFFECT3 |
---|
| 932 | + | UNTIL SIX (6) MONTHS AFTER ENACTMENT OF THE REPEALING STATUTE .4 |
---|
| 933 | + | 2. W |
---|
| 934 | + | ITHDRAWAL SHALL NOT AFFECT THE CONTINUING5 |
---|
| 935 | + | REQUIREMENT OF THE WITHDRAWING STATE'S LICENSING AUTHORITY TO6 |
---|
| 936 | + | COMPLY WITH THE INVESTIGATIVE AND ADVERSE ACTION REPORTING7 |
---|
| 937 | + | REQUIREMENTS OF THIS ACT PRIOR TO THE EFFECTIVE DATE OF8 |
---|
| 938 | + | WITHDRAWAL.9 |
---|
| 939 | + | E. T |
---|
| 940 | + | HIS COMPACT MAY BE AMENDED BY THE MEMBER STATES. NO10 |
---|
| 941 | + | AMENDMENT TO THIS COMPACT SHALL BECOME EFFECTIVE AND BINDING11 |
---|
| 942 | + | UPON ANY MEMBER STATE UNTIL IT IS ENACTED INTO THE LAWS OF ALL12 |
---|
| 943 | + | M |
---|
| 944 | + | EMBER STATES.13 |
---|
| 945 | + | ARTICLE XII- CONSTRUCTION AND SEVERABILITY14 |
---|
| 946 | + | T |
---|
| 947 | + | HIS COMPACT SHALL BE LIBERALLY CONSTRUED TO EFFECTUATE15 |
---|
| 948 | + | THE PURPOSES THEREOF. THE PROVISIONS OF THIS COMPACT SHALL BE16 |
---|
| 949 | + | SEVERABLE AND IF ANY PHRASE , CLAUSE, SENTENCE, OR PROVISION OF17 |
---|
| 950 | + | THIS COMPACT IS DECLARED TO BE CONTRARY TO THE CONSTITUTION OF18 |
---|
| 951 | + | ANY MEMBER STATE OR A STATE SEEKING MEMBERSHIP IN THE COMPACT,19 |
---|
| 952 | + | OR OF THE UNITED STATES OR THE APPLICABILITY THEREOF TO ANY OTHER20 |
---|
| 953 | + | GOVERNMENT, AGENCY, PERSON, OR CIRCUMSTANCE IS HELD INVALID, THE21 |
---|
| 954 | + | VALIDITY OF THE REMAINDER OF THIS COMPACT AND THE APPLICABILITY22 |
---|
| 955 | + | THEREOF TO ANY GOVERNMENT , AGENCY, PERSON, OR CIRCUMSTANCE23 |
---|
| 956 | + | SHALL NOT BE AFFECTED THEREBY . IF THIS COMPACT SHALL BE HELD24 |
---|
| 957 | + | CONTRARY TO THE CONSTITUTION OF ANY MEMBER STATE, THE COMPACT25 |
---|
| 958 | + | SHALL REMAIN IN FULL FORCE AND EFFECT AS TO THE REMAINING MEMBER26 |
---|
| 959 | + | S |
---|
| 960 | + | TATES AND IN FULL FORCE AND EFFECT AS TO THE MEMBER STATE27 |
---|
| 961 | + | 1064 |
---|
| 962 | + | -25- AFFECTED AS TO ALL SEVERABLE MATTERS .1 |
---|
| 963 | + | ARTICLE XIII- CONSISTENT EFFECT AND2 |
---|
| 964 | + | CONFLICT WITH OTHER STATE LAWS3 |
---|
| 965 | + | A. N |
---|
| 966 | + | OTHING HEREIN SHALL PREVENT OR INHIBIT THE4 |
---|
| 967 | + | ENFORCEMENT OF ANY OTHER LAW OF A MEMBER STATE THAT IS NOT5 |
---|
| 968 | + | INCONSISTENT WITH THE COMPACT.6 |
---|
326 | | - | TEACHER ELIGIBLE TO RECEIVE A LICENSE UNDER THIS |
---|
327 | | - | COMPACT SHALL, UNLESS OTHERWISE PROVIDED FOR HEREIN : |
---|
328 | | - | 1. U |
---|
329 | | - | PON THEIR APPLICATION TO RECEIVE A LICENSE UNDER THIS |
---|
330 | | - | COMPACT, UNDERGO A CRIMINAL BACKGROUND CHECK IN THE RECEIVING |
---|
331 | | - | STATE IN ACCORDANCE WITH THE LAWS AND REGULATIONS OF THE |
---|
332 | | - | RECEIVING STATE; AND |
---|
333 | | - | 2. PROVIDE THE RECEIVING STATE WITH INFORMATION IN ADDITION |
---|
334 | | - | TO THE INFORMATION REQUIRED FOR LICENSURE FOR THE PURPOSES OF |
---|
335 | | - | DETERMINING COMPENSATION |
---|
336 | | - | , IF APPLICABLE. |
---|
337 | | - | ARTICLE VI- DISCIPLINE / ADVERSE ACTIONS |
---|
338 | | - | PAGE 7-HOUSE BILL 23-1064 A. NOTHING IN THIS COMPACT SHALL BE DEEMED OR CONSTRUED TO |
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339 | | - | LIMIT THE AUTHORITY OF A |
---|
340 | | - | MEMBER STATE TO INVESTIGATE OR IMPOSE |
---|
341 | | - | DISCIPLINARY MEASURES ON |
---|
342 | | - | TEACHERS ACCORDING TO THE STATE |
---|
343 | | - | PRACTICE LAWS THEREOF. |
---|
344 | | - | B. M |
---|
345 | | - | EMBER STATES SHALL BE AUTHORIZED TO RECEIVE, AND SHALL |
---|
346 | | - | PROVIDE |
---|
347 | | - | , FILES AND INFORMATION REGARDING THE INVESTIGATION AND |
---|
348 | | - | DISCIPLINE |
---|
349 | | - | , IF ANY, OF TEACHERS IN OTHER MEMBER STATES UPON |
---|
350 | | - | REQUEST |
---|
351 | | - | . ANY MEMBER STATE RECEIVING SUCH INFORMATION OR FILES |
---|
352 | | - | SHALL PROTECT AND MAINTAIN THE SECURITY AND CONFIDENTIALITY |
---|
353 | | - | THEREOF |
---|
354 | | - | , IN AT LEAST THE SAME MANNER THAT IT MAINTAINS ITS OWN |
---|
355 | | - | INVESTIGATORY OR DISCIPLINARY FILES AND INFORMATION |
---|
356 | | - | . PRIOR TO |
---|
357 | | - | DISCLOSING ANY DISCIPLINARY OR INVESTIGATORY INFORMATION RECEIVED |
---|
358 | | - | FROM ANOTHER |
---|
359 | | - | MEMBER STATE, THE DISCLOSING STATE SHALL |
---|
360 | | - | COMMUNICATE ITS INTENTION AND PURPOSE FOR SUCH DISCLOSURE TO THE |
---|
361 | | - | MEMBER STATE WHICH ORIGINALLY PROVIDED THAT INFORMATION . |
---|
362 | | - | ARTICLE VII- ESTABLISHMENT OF THE INTERSTATE |
---|
363 | | - | TEACHER MOBILITY COMPACT COMMISSION |
---|
364 | | - | A. T |
---|
365 | | - | HE INTERSTATE COMPACT MEMBER STATES HEREBY CREATE |
---|
366 | | - | AND ESTABLISH A JOINT PUBLIC AGENCY KNOWN AS THE |
---|
367 | | - | INTERSTATE |
---|
368 | | - | TEACHER MOBILITY COMPACT COMMISSION: |
---|
369 | | - | 1. T |
---|
370 | | - | HE COMMISSION IS A JOINT INTERSTATE GOVERNMENTAL AGENCY |
---|
371 | | - | COMPRISED OF |
---|
372 | | - | STATES THAT HAVE ENACTED THE INTERSTATE TEACHER |
---|
373 | | - | MOBILITY COMPACT. |
---|
374 | | - | 2. N |
---|
375 | | - | OTHING IN THIS INTERSTATE COMPACT SHALL BE CONSTRUED TO |
---|
376 | | - | BE A WAIVER OF SOVEREIGN IMMUNITY |
---|
377 | | - | . |
---|
378 | | - | B. Membership, Voting, and Meetings |
---|
379 | | - | 1. E |
---|
380 | | - | ACH MEMBER STATE SHALL HAVE AND BE LIMITED TO ONE (1) |
---|
381 | | - | DELEGATE TO THE COMMISSION, WHO SHALL BE GIVEN THE TITLE OF |
---|
382 | | - | COMMISSIONER. |
---|
383 | | - | 2. T |
---|
384 | | - | HE COMMISSIONER SHALL BE THE PRIMARY ADMINISTRATIVE |
---|
385 | | - | OFFICER OF THE |
---|
386 | | - | STATE LICENSING AUTHORITY OR THEIR DESIGNEE. |
---|
387 | | - | PAGE 8-HOUSE BILL 23-1064 3. ANY COMMISSIONER MAY BE REMOVED OR SUSPENDED FROM |
---|
388 | | - | OFFICE AS PROVIDED BY THE LAW OF THE |
---|
389 | | - | STATE FROM WHICH THE |
---|
390 | | - | COMMISSIONER IS APPOINTED. |
---|
391 | | - | 4. T |
---|
392 | | - | HE MEMBER STATE SHALL FILL ANY VACANCY OCCURRING IN |
---|
393 | | - | THE |
---|
394 | | - | COMMISSION WITHIN NINETY (90) DAYS. |
---|
395 | | - | 5. E |
---|
396 | | - | ACH COMMISSIONER SHALL BE ENTITLED TO ONE (1) VOTE ABOUT |
---|
397 | | - | THE PROMULGATION OF |
---|
398 | | - | RULES AND CREATION OF BYLAWS AND SHALL |
---|
399 | | - | OTHERWISE HAVE AN OPPORTUNITY TO PARTICIPATE IN THE BUSINESS AND |
---|
400 | | - | AFFAIRS OF THE |
---|
401 | | - | COMMISSION. A COMMISSIONER SHALL VOTE IN PERSON OR |
---|
402 | | - | BY SUCH OTHER MEANS AS PROVIDED IN THE |
---|
403 | | - | BYLAWS. THE BYLAWS MAY |
---|
404 | | - | PROVIDE FOR |
---|
405 | | - | COMMISSIONERS' PARTICIPATION IN MEETINGS BY TELEPHONE |
---|
406 | | - | OR OTHER MEANS OF COMMUNICATION |
---|
407 | | - | . |
---|
408 | | - | 6. T |
---|
409 | | - | HE COMMISSION SHALL MEET AT LEAST ONCE DURING EACH |
---|
410 | | - | CALENDAR YEAR |
---|
411 | | - | . ADDITIONAL MEETINGS SHALL BE HELD AS SET FORTH IN |
---|
412 | | - | THE |
---|
413 | | - | BYLAWS. |
---|
414 | | - | 7. T |
---|
415 | | - | HE COMMISSION SHALL ESTABLISH BY RULE A TERM OF OFFICE |
---|
416 | | - | FOR |
---|
417 | | - | COMMISSIONERS. |
---|
418 | | - | C. T |
---|
419 | | - | HE COMMISSION SHALL HAVE THE FOLLOWING POWERS AND |
---|
420 | | - | DUTIES |
---|
421 | | - | : |
---|
422 | | - | 1. E |
---|
423 | | - | STABLISH A CODE OF ETHICS FOR THE COMMISSION. |
---|
424 | | - | 2. E |
---|
425 | | - | STABLISH THE FISCAL YEAR OF THE COMMISSION. |
---|
426 | | - | 3. E |
---|
427 | | - | STABLISH BYLAWS FOR THE COMMISSION. |
---|
428 | | - | 4. M |
---|
429 | | - | AINTAIN ITS FINANCIAL RECORDS IN ACCORDANCE WITH THE |
---|
430 | | - | BYLAWS OF THE COMMISSION. |
---|
431 | | - | 5. M |
---|
432 | | - | EET AND TAKE SUCH ACTIONS AS ARE CONSISTENT WITH THE |
---|
433 | | - | PROVISIONS OF THIS INTERSTATE COMPACT |
---|
434 | | - | , THE BYLAWS, AND RULES OF |
---|
435 | | - | THE |
---|
436 | | - | COMMISSION. |
---|
437 | | - | 6. P |
---|
438 | | - | ROMULGATE UNIFORM RULES TO IMPLEMENT AND ADMINISTER |
---|
439 | | - | THIS INTERSTATE COMPACT |
---|
440 | | - | . THE RULES SHALL HAVE THE FORCE AND EFFECT |
---|
441 | | - | PAGE 9-HOUSE BILL 23-1064 OF LAW AND SHALL BE BINDING IN ALL MEMBER STATES. IN THE EVENT THE |
---|
442 | | - | COMMISSION EXERCISES ITS RULEMAKING AUTHORITY IN A MANNER THAT |
---|
443 | | - | IS BEYOND THE SCOPE OF THE PURPOSES OF THE |
---|
444 | | - | COMPACT, OR THE POWERS |
---|
445 | | - | GRANTED HEREUNDER |
---|
446 | | - | , THEN SUCH AN ACTION BY THE COMMISSION SHALL |
---|
447 | | - | BE INVALID AND HAVE NO FORCE AND EFFECT OF LAW |
---|
448 | | - | . |
---|
449 | | - | 7. B |
---|
450 | | - | RING AND PROSECUTE LEGAL PROCEEDINGS OR ACTIONS IN THE |
---|
451 | | - | NAME OF THE |
---|
452 | | - | COMMISSION, PROVIDED THAT THE STANDING OF ANY MEMBER |
---|
453 | | - | STATE LICENSING AUTHORITY TO SUE OR BE SUED UNDER APPLICABLE LAW |
---|
454 | | - | SHALL NOT BE AFFECTED |
---|
455 | | - | . |
---|
456 | | - | 8. P |
---|
457 | | - | URCHASE AND MAINTAIN INSURANCE AND BONDS . |
---|
458 | | - | 9. B |
---|
459 | | - | ORROW, ACCEPT, OR CONTRACT FOR SERVICES OF PERSONNEL , |
---|
460 | | - | INCLUDING, BUT NOT LIMITED TO, EMPLOYEES OF A MEMBER STATE, OR AN |
---|
461 | | - | ASSOCIATED NON |
---|
462 | | - | -GOVERNMENTAL ORGANIZATION THAT IS OPEN TO |
---|
463 | | - | MEMBERSHIP BY ALL STATES |
---|
464 | | - | . |
---|
465 | | - | 10. H |
---|
466 | | - | IRE EMPLOYEES, ELECT, OR APPOINT OFFICERS , FIX |
---|
467 | | - | COMPENSATION |
---|
468 | | - | , DEFINE DUTIES, GRANT SUCH INDIVIDUALS APPROPRIATE |
---|
469 | | - | AUTHORITY TO CARRY OUT THE PURPOSES OF THE |
---|
470 | | - | COMPACT, AND ESTABLISH |
---|
471 | | - | THE |
---|
472 | | - | COMMISSION'S PERSONNEL POLICIES AND PROGRAMS RELATING TO |
---|
473 | | - | CONFLICTS OF INTEREST |
---|
474 | | - | , QUALIFICATIONS OF PERSONNEL , AND OTHER |
---|
475 | | - | RELATED PERSONNEL MATTERS |
---|
476 | | - | . |
---|
477 | | - | 11. L |
---|
478 | | - | EASE, PURCHASE, ACCEPT APPROPRIATE GIFTS OR DONATIONS |
---|
479 | | - | OF |
---|
480 | | - | , OR OTHERWISE OWN, HOLD, IMPROVE, OR USE, ANY PROPERTY, REAL, |
---|
481 | | - | PERSONAL OR MIXED, PROVIDED THAT AT ALL TIMES THE COMMISSION SHALL |
---|
482 | | - | AVOID ANY APPEARANCE OF IMPROPRIETY |
---|
483 | | - | . |
---|
484 | | - | 12. S |
---|
485 | | - | ELL, CONVEY, MORTGAGE, PLEDGE, LEASE, EXCHANGE, |
---|
486 | | - | ABANDON, OR OTHERWISE DISPOSE OF ANY PROPERTY REAL , PERSONAL, OR |
---|
487 | | - | MIXED |
---|
488 | | - | . |
---|
489 | | - | 13. E |
---|
490 | | - | STABLISH A BUDGET AND MAKE EXPENDITURES . |
---|
491 | | - | 14. B |
---|
492 | | - | ORROW MONEY. |
---|
493 | | - | 15. A |
---|
494 | | - | PPOINT COMMITTEES, INCLUDING STANDING COMMITTEES |
---|
495 | | - | COMPOSED OF MEMBERS AND SUCH OTHER INTERESTED PERSONS AS MAY BE |
---|
496 | | - | PAGE 10-HOUSE BILL 23-1064 DESIGNATED IN THIS INTERSTATE COMPACT , RULES, OR BYLAWS. |
---|
497 | | - | 16. P |
---|
498 | | - | ROVIDE AND RECEIVE INFORMATION FROM , AND COOPERATE |
---|
499 | | - | WITH |
---|
500 | | - | , LAW ENFORCEMENT AGENCIES . |
---|
501 | | - | 17. E |
---|
502 | | - | STABLISH AND ELECT AN EXECUTIVE COMMITTEE. |
---|
503 | | - | 18. E |
---|
504 | | - | STABLISH AND DEVELOP A CHARTER FOR AN EXECUTIVE |
---|
505 | | - | INFORMATION GOVERNANCE COMMITTEE TO ADVISE ON FACILITATING |
---|
506 | | - | EXCHANGE OF INFORMATION |
---|
507 | | - | ; USE OF INFORMATION, DATA PRIVACY, AND |
---|
508 | | - | TECHNICAL SUPPORT NEEDS |
---|
509 | | - | , AND PROVIDE REPORTS AS NEEDED. |
---|
510 | | - | 19. P |
---|
511 | | - | ERFORM SUCH OTHER FUNCTIONS AS MAY BE NECESSARY OR |
---|
512 | | - | APPROPRIATE TO ACHIEVE THE PURPOSES OF THIS INTERSTATE COMPACT |
---|
513 | | - | CONSISTENT WITH THE |
---|
514 | | - | STATE REGULATION OF TEACHER LICENSURE. |
---|
515 | | - | 20. D |
---|
516 | | - | ETERMINE WHETHER A STATE'S ADOPTED LANGUAGE IS |
---|
517 | | - | MATERIALLY DIFFERENT FROM THE MODEL COMPACT LANGUAGE SUCH THAT |
---|
518 | | - | THE |
---|
519 | | - | STATE WOULD NOT QUALIFY FOR PARTICIPATION IN THE COMPACT. |
---|
520 | | - | D. The Executive Committee of the Interstate Teacher Mobility |
---|
521 | | - | Compact Commission |
---|
522 | | - | 1. T |
---|
523 | | - | HE EXECUTIVE COMMITTEE SHALL HAVE THE POWER TO ACT ON |
---|
524 | | - | BEHALF OF THE |
---|
525 | | - | COMMISSION ACCORDING TO THE TERMS OF THIS INTERSTATE |
---|
526 | | - | COMPACT |
---|
527 | | - | . |
---|
528 | | - | 2. T |
---|
529 | | - | HE EXECUTIVE COMMITTEE SHALL BE COMPOSED OF EIGHT |
---|
530 | | - | VOTING MEMBERS |
---|
531 | | - | : |
---|
532 | | - | a. T |
---|
533 | | - | HE COMMISSION CHAIR, VICE CHAIR, AND TREASURER; AND |
---|
534 | | - | b. FIVE MEMBERS WHO ARE ELECTED BY THE COMMISSION FROM THE |
---|
535 | | - | CURRENT MEMBERSHIP |
---|
536 | | - | : |
---|
537 | | - | i. F |
---|
538 | | - | OUR VOTING MEMBERS REPRESENTING GEOGRAPHIC REGIONS IN |
---|
539 | | - | ACCORDANCE WITH |
---|
540 | | - | COMMISSION RULES; AND |
---|
541 | | - | ii. ONE AT LARGE VOTING MEMBER IN ACCORDANCE WITH |
---|
542 | | - | COMMISSION RULES. |
---|
543 | | - | PAGE 11-HOUSE BILL 23-1064 3. THE COMMISSION MAY ADD OR REMOVE MEMBERS OF THE |
---|
544 | | - | EXECUTIVE COMMITTEE AS PROVIDED IN COMMISSION RULES. |
---|
545 | | - | 4. T |
---|
546 | | - | HE EXECUTIVE COMMITTEE SHALL MEET AT LEAST ONCE |
---|
547 | | - | ANNUALLY |
---|
548 | | - | . |
---|
549 | | - | 5. T |
---|
550 | | - | HE EXECUTIVE COMMITTEE SHALL HAVE THE FOLLOWING DUTIES |
---|
551 | | - | AND RESPONSIBILITIES |
---|
552 | | - | : |
---|
553 | | - | a. R |
---|
554 | | - | ECOMMEND TO THE ENTIRE COMMISSION CHANGES TO THE RULES |
---|
555 | | - | OR |
---|
556 | | - | BYLAWS, CHANGES TO THE COMPACT LEGISLATION, FEES PAID BY |
---|
557 | | - | INTERSTATE COMPACT |
---|
558 | | - | MEMBER STATES SUCH AS ANNUAL DUES, AND ANY |
---|
559 | | - | COMPACT FEE CHARGED BY THE MEMBER STATES ON BEHALF OF THE |
---|
560 | | - | COMMISSION. |
---|
561 | | - | b. E |
---|
562 | | - | NSURE COMMISSION ADMINISTRATION SERVICES ARE |
---|
563 | | - | APPROPRIATELY PROVIDED |
---|
564 | | - | , CONTRACTUAL OR OTHERWISE . |
---|
565 | | - | c. P |
---|
566 | | - | REPARE AND RECOMMEND THE BUDGET . |
---|
567 | | - | d. M |
---|
568 | | - | AINTAIN FINANCIAL RECORDS ON BEHALF OF THE COMMISSION. |
---|
569 | | - | e. M |
---|
570 | | - | ONITOR COMPLIANCE OF MEMBER STATES AND PROVIDE |
---|
571 | | - | REPORTS TO THE |
---|
572 | | - | COMMISSION. |
---|
573 | | - | f. P |
---|
574 | | - | ERFORM OTHER DUTIES AS PROVIDED IN RULES OR BYLAWS. |
---|
575 | | - | 6. Meetings of the Commission |
---|
576 | | - | a. A |
---|
577 | | - | LL MEETINGS SHALL BE OPEN TO THE PUBLIC, AND PUBLIC NOTICE |
---|
578 | | - | OF MEETINGS SHALL BE GIVEN IN ACCORDANCE WITH |
---|
579 | | - | COMMISSION BYLAWS. |
---|
580 | | - | b. T |
---|
581 | | - | HE COMMISSION OR THE EXECUTIVE COMMITTEE OR OTHER |
---|
582 | | - | COMMITTEES OF THE |
---|
583 | | - | COMMISSION MAY CONVENE IN A CLOSED , NON-PUBLIC |
---|
584 | | - | MEETING IF THE |
---|
585 | | - | COMMISSION OR EXECUTIVE COMMITTEE OR OTHER |
---|
586 | | - | COMMITTEES OF THE |
---|
587 | | - | COMMISSION MUST DISCUSS: |
---|
588 | | - | i. N |
---|
589 | | - | ON-COMPLIANCE OF A MEMBER STATE WITH ITS OBLIGATIONS |
---|
590 | | - | UNDER THE |
---|
591 | | - | COMPACT. |
---|
592 | | - | PAGE 12-HOUSE BILL 23-1064 ii. THE EMPLOYMENT, COMPENSATION, DISCIPLINE, OR OTHER |
---|
593 | | - | MATTERS |
---|
594 | | - | , PRACTICES, OR PROCEDURES RELATED TO SPECIFIC EMPLOYEES OR |
---|
595 | | - | OTHER MATTERS RELATED TO THE |
---|
596 | | - | COMMISSION'S INTERNAL PERSONNEL |
---|
597 | | - | PRACTICES AND PROCEDURES |
---|
598 | | - | . |
---|
599 | | - | iii. C |
---|
600 | | - | URRENT, THREATENED, OR REASONABLY ANTICIPATED |
---|
601 | | - | LITIGATION |
---|
602 | | - | . |
---|
603 | | - | iv. N |
---|
604 | | - | EGOTIATION OF CONTRACTS FOR THE PURCHASE , LEASE, OR SALE |
---|
605 | | - | OF GOODS |
---|
606 | | - | , SERVICES, OR REAL ESTATE. |
---|
607 | | - | v. A |
---|
608 | | - | CCUSING ANY PERSON OF A CRIME OR FORMALLY CENSURING |
---|
609 | | - | ANY PERSON |
---|
610 | | - | . |
---|
611 | | - | vi. D |
---|
612 | | - | ISCLOSURE OF TRADE SECRETS OR COMMERCIAL OR FINANCIAL |
---|
613 | | - | INFORMATION THAT IS PRIVILEGED OR CONFIDENTIAL |
---|
614 | | - | . |
---|
615 | | - | vii. D |
---|
616 | | - | ISCLOSURE OF INFORMATION OF A PERSONAL NATURE WHERE |
---|
617 | | - | DISCLOSURE WOULD CONSTITUTE A CLEARLY UNWARRANTED INVASION OF |
---|
618 | | - | PERSONAL PRIVACY |
---|
619 | | - | . |
---|
620 | | - | viii. D |
---|
621 | | - | ISCLOSURE OF INVESTIGATIVE RECORDS COMPILED FOR LAW |
---|
622 | | - | ENFORCEMENT PURPOSES |
---|
623 | | - | . |
---|
624 | | - | ix. D |
---|
625 | | - | ISCLOSURE OF INFORMATION RELATED TO ANY INVESTIGATIVE |
---|
626 | | - | REPORTS PREPARED BY OR ON BEHALF OF OR FOR USE OF THE |
---|
627 | | - | COMMISSION |
---|
628 | | - | OR OTHER COMMITTEE CHARGED WITH RESPONSIBILITY OF INVESTIGATION |
---|
629 | | - | OR DETERMINATION OF COMPLIANCE ISSUES PURSUANT TO THE |
---|
630 | | - | COMPACT. |
---|
631 | | - | x. M |
---|
632 | | - | ATTERS SPECIFICALLY EXEMPTED FROM DISCLOSURE BY |
---|
633 | | - | FEDERAL OR |
---|
634 | | - | MEMBER STATE STATUTE. |
---|
635 | | - | xi. O |
---|
636 | | - | THER MATTERS AS SET FORTH BY COMMISSION BYLAWS AND |
---|
637 | | - | RULES. |
---|
638 | | - | c. I |
---|
639 | | - | F A MEETING, OR PORTION OF A MEETING, IS CLOSED PURSUANT TO |
---|
640 | | - | THIS PROVISION |
---|
641 | | - | , THE COMMISSION'S LEGAL COUNSEL OR DESIGNEE SHALL |
---|
642 | | - | CERTIFY THAT THE MEETING MAY BE CLOSED AND SHALL REFERENCE EACH |
---|
643 | | - | RELEVANT EXEMPTING PROVISION |
---|
644 | | - | . |
---|
645 | | - | PAGE 13-HOUSE BILL 23-1064 d. THE COMMISSION SHALL KEEP MINUTES OF COMMISSION |
---|
646 | | - | MEETINGS AND SHALL PROVIDE A FULL AND ACCURATE SUMMARY OF |
---|
647 | | - | ACTIONS TAKEN |
---|
648 | | - | , AND THE REASONS THEREFORE, INCLUDING A DESCRIPTION |
---|
649 | | - | OF THE VIEWS EXPRESSED |
---|
650 | | - | . ALL DOCUMENTS CONSIDERED IN CONNECTION |
---|
651 | | - | WITH AN ACTION SHALL BE IDENTIFIED IN SUCH MINUTES |
---|
652 | | - | . ALL MINUTES AND |
---|
653 | | - | DOCUMENTS OF A CLOSED MEETING SHALL REMAIN UNDER SEAL |
---|
654 | | - | , SUBJECT TO |
---|
655 | | - | RELEASE BY A MAJORITY VOTE OF THE |
---|
656 | | - | COMMISSION OR ORDER OF A COURT |
---|
657 | | - | OF COMPETENT JURISDICTION |
---|
658 | | - | . |
---|
659 | | - | 7. Financing of the Commission |
---|
660 | | - | a. T |
---|
661 | | - | HE COMMISSION SHALL PAY, OR PROVIDE FOR THE PAYMENT OF, |
---|
662 | | - | THE REASONABLE EXPENSES OF ITS ESTABLISHMENT , ORGANIZATION, AND |
---|
663 | | - | ONGOING ACTIVITIES |
---|
664 | | - | . |
---|
665 | | - | b. T |
---|
666 | | - | HE COMMISSION MAY ACCEPT ALL APPROPRIATE DONATIONS AND |
---|
667 | | - | GRANTS OF MONEY |
---|
668 | | - | , EQUIPMENT, SUPPLIES, MATERIALS, AND SERVICES, AND |
---|
669 | | - | RECEIVE |
---|
670 | | - | , UTILIZE, AND DISPOSE OF THE SAME, PROVIDED THAT AT ALL TIMES |
---|
671 | | - | THE |
---|
672 | | - | COMMISSION SHALL AVOID ANY APPEARANCE OF IMPROPRIETY OR |
---|
673 | | - | CONFLICT OF INTEREST |
---|
674 | | - | . |
---|
675 | | - | c. T |
---|
676 | | - | HE COMMISSION MAY LEVY ON AND COLLECT AN ANNUAL |
---|
677 | | - | ASSESSMENT FROM EACH |
---|
678 | | - | MEMBER STATE OR IMPOSE FEES ON OTHER |
---|
679 | | - | PARTIES TO COVER THE COST OF THE OPERATIONS AND ACTIVITIES OF THE |
---|
680 | | - | COMMISSION, IN ACCORDANCE WITH THE COMMISSION RULES. |
---|
681 | | - | d. T |
---|
682 | | - | HE COMMISSION SHALL NOT INCUR OBLIGATIONS OF ANY KIND |
---|
683 | | - | PRIOR TO SECURING THE FUNDS ADEQUATE TO MEET THE SAME |
---|
684 | | - | ; NOR SHALL |
---|
685 | | - | THE |
---|
686 | | - | COMMISSION PLEDGE THE CREDIT OF ANY OF THE MEMBER STATES, |
---|
687 | | - | EXCEPT BY AND WITH THE AUTHORITY OF THE MEMBER STATE. |
---|
688 | | - | e. T |
---|
689 | | - | HE COMMISSION SHALL KEEP ACCURATE ACCOUNTS OF ALL |
---|
690 | | - | RECEIPTS AND DISBURSEMENTS |
---|
691 | | - | . THE RECEIPTS AND DISBURSEMENTS OF THE |
---|
692 | | - | COMMISSION SHALL BE SUBJECT TO ACCOUNTING PROCEDURES ESTABLISHED |
---|
693 | | - | UNDER |
---|
694 | | - | COMMISSION BYLAWS. ALL RECEIPTS AND DISBURSEMENTS OF FUNDS |
---|
695 | | - | OF THE |
---|
696 | | - | COMMISSION SHALL BE REVIEWED ANNUALLY IN ACCORDANCE WITH |
---|
697 | | - | COMMISSION BYLAWS, AND A REPORT OF THE REVIEW SHALL BE INCLUDED |
---|
698 | | - | IN AND BECOME PART OF THE ANNUAL REPORT OF THE |
---|
699 | | - | COMMISSION. |
---|
700 | | - | 8. Qualified Immunity, Defense, and Indemnification |
---|
701 | | - | PAGE 14-HOUSE BILL 23-1064 a. THE MEMBERS, OFFICERS, EXECUTIVE DIRECTOR, EMPLOYEES, AND |
---|
702 | | - | REPRESENTATIVES OF THE |
---|
703 | | - | COMMISSION SHALL BE IMMUNE FROM SUIT AND |
---|
704 | | - | LIABILITY |
---|
705 | | - | , EITHER PERSONALLY OR IN THEIR OFFICIAL CAPACITY , FOR ANY |
---|
706 | | - | CLAIM FOR DAMAGE TO OR LOSS OF PROPERTY OR PERSONAL INJURY OR |
---|
707 | | - | OTHER CIVIL LIABILITY CAUSED BY OR ARISING OUT OF ANY ACTUAL OR |
---|
708 | | - | ALLEGED ACT |
---|
709 | | - | , ERROR, OR OMISSION THAT OCCURRED, OR THAT THE PERSON |
---|
710 | | - | AGAINST WHOM THE CLAIM IS MADE HAD A REAS ONABLE BASIS FOR |
---|
711 | | - | BELIEVING OCCURRED WITHIN THE SCOPE OF |
---|
712 | | - | COMMISSION EMPLOYMENT , |
---|
713 | | - | DUTIES, OR RESPONSIBILITIES; PROVIDED THAT NOTHING IN THIS PARAGRAPH |
---|
714 | | - | SHALL BE CONSTRUED TO PROTECT ANY SUCH PERSON FROM SUIT OR |
---|
715 | | - | LIABILITY FOR ANY DAMAGE |
---|
716 | | - | , LOSS, INJURY, OR LIABILITY CAUSED BY THE |
---|
717 | | - | INTENTIONAL OR WILLFUL OR WANTON MISCONDUCT OF THAT PERSON |
---|
718 | | - | . |
---|
719 | | - | b. T |
---|
720 | | - | HE COMMISSION SHALL DEFEND ANY MEMBER , OFFICER, |
---|
721 | | - | EXECUTIVE DIRECTOR, EMPLOYEE, OR REPRESENTATIVE OF THE COMMISSION |
---|
722 | | - | IN ANY CIVIL ACTION SEEKING TO IMPOSE LIABILITY ARISING OUT OF ANY |
---|
723 | | - | ACTUAL OR ALLEGED ACT |
---|
724 | | - | , ERROR, OR OMISSION THAT OCCURRED WITHIN THE |
---|
725 | | - | SCOPE OF |
---|
726 | | - | COMMISSION EMPLOYMENT , DUTIES, OR RESPONSIBILITIES, OR |
---|
727 | | - | THAT THE PERSON AGAINST WHOM THE CLAIM IS MADE HAD A REASONABLE |
---|
728 | | - | BASIS FOR BELIEVING OCCURRED WITHIN THE SCOPE OF |
---|
729 | | - | COMMISSION |
---|
730 | | - | EMPLOYMENT |
---|
731 | | - | , DUTIES, OR RESPONSIBILITIES; PROVIDED THAT NOTHING |
---|
732 | | - | HEREIN SHALL BE CONSTRUED TO PROHIBIT THAT PERSON FROM RETAINING |
---|
733 | | - | HIS OR HER OWN COUNSEL |
---|
734 | | - | ; AND PROVIDED FURTHER, THAT THE ACTUAL OR |
---|
735 | | - | ALLEGED ACT |
---|
736 | | - | , ERROR, OR OMISSION DID NOT RESULT FROM THAT PERSON 'S |
---|
737 | | - | INTENTIONAL OR WILLFUL OR WANTON MISCONDUCT |
---|
738 | | - | . |
---|
739 | | - | c. T |
---|
740 | | - | HE COMMISSION SHALL INDEMNIFY AND HOLD HARMLESS ANY |
---|
741 | | - | MEMBER |
---|
742 | | - | , OFFICER, EXECUTIVE DIRECTOR, EMPLOYEE, OR REPRESENTATIVE |
---|
743 | | - | OF THE |
---|
744 | | - | COMMISSION FOR THE AMOUNT OF ANY SETTLEMENT OR JUDGMENT |
---|
745 | | - | OBTAINED AGAINST THAT PERSON ARISING OUT OF ANY ACTUAL OR ALLEGED |
---|
746 | | - | ACT |
---|
747 | | - | , ERROR, OR OMISSION THAT OCCURRED WITHIN THE SCOPE OF |
---|
748 | | - | COMMISSION EMPLOYMENT , DUTIES, OR RESPONSIBILITIES, OR THAT SUCH |
---|
749 | | - | PERSON HAD A REASONABLE BASIS FOR BELIEVING OCCURRED WITHIN THE |
---|
750 | | - | SCOPE OF |
---|
751 | | - | COMMISSION EMPLOYMENT , DUTIES, OR RESPONSIBILITIES, |
---|
752 | | - | PROVIDED THAT THE ACTUAL OR ALLEGED ACT , ERROR, OR OMISSION DID |
---|
753 | | - | NOT RESULT FROM THE INTENTIONAL OR WILLFUL OR WANTON MISCONDUCT |
---|
754 | | - | OF THAT PERSON |
---|
755 | | - | . |
---|
756 | | - | ARTICLE VIII- RULEMAKING |
---|
757 | | - | PAGE 15-HOUSE BILL 23-1064 A. THE COMMISSION SHALL EXERCISE ITS RULEMAKING POWERS |
---|
758 | | - | PURSUANT TO THE CRITERIA SET FORTH IN THIS INTERSTATE COMPACT AND |
---|
759 | | - | THE |
---|
760 | | - | RULES ADOPTED THEREUNDER . RULES AND AMENDMENTS SHALL |
---|
761 | | - | BECOME BINDING AS OF THE DATE SPECIFIED IN EACH |
---|
762 | | - | RULE OR AMENDMENT. |
---|
763 | | - | B. T |
---|
764 | | - | HE COMMISSION SHALL PROMULGATE REASONABLE RULES TO |
---|
765 | | - | ACHIEVE THE INTENT AND PURPOSE OF THIS INTERSTATE COMPACT |
---|
766 | | - | . IN THE |
---|
767 | | - | EVENT THE |
---|
768 | | - | COMMISSION EXERCISES ITS RULEMAKING AUTHORITY IN A |
---|
769 | | - | MANNER THAT IS BEYOND PURPOSE AND INTENT OF THIS INTERSTATE |
---|
770 | | - | COMPACT |
---|
771 | | - | , OR THE POWERS GRANTED HEREUNDER , THEN SUCH AN ACTION BY |
---|
772 | | - | THE |
---|
773 | | - | COMMISSION SHALL BE INVALID AND HAVE NO FORCE AND EFFECT OF |
---|
774 | | - | LAW IN THE |
---|
775 | | - | MEMBER STATES. |
---|
776 | | - | C. I |
---|
777 | | - | F A MAJORITY OF THE LEGISLATURES OF THE MEMBER STATES |
---|
778 | | - | REJECTS A |
---|
779 | | - | RULE, BY ENACTMENT OF A STATUTE OR RESOLUTION IN THE |
---|
780 | | - | SAME MANNER USED TO ADOPT THE |
---|
781 | | - | COMPACT WITHIN FOUR (4) YEARS OF |
---|
782 | | - | THE DATE OF ADOPTION OF THE |
---|
783 | | - | RULE, THEN SUCH RULE SHALL HAVE NO |
---|
784 | | - | FURTHER FORCE AND EFFECT IN ANY |
---|
785 | | - | MEMBER STATE. |
---|
786 | | - | D. R |
---|
787 | | - | ULES OR AMENDMENTS TO THE RULES SHALL BE ADOPTED OR |
---|
788 | | - | RATIFIED AT A REGULAR OR SPECIAL MEETING OF THE |
---|
789 | | - | COMMISSION IN |
---|
790 | | - | ACCORDANCE WITH |
---|
791 | | - | COMMISSION RULES AND BYLAWS. |
---|
792 | | - | E. U |
---|
793 | | - | PON DETERMINATION THAT AN EMERGENCY EXISTS , THE |
---|
794 | | - | COMMISSION MAY CONSIDER AND ADOPT AN EMERGENCY RULE WITH |
---|
795 | | - | FORTY |
---|
796 | | - | -EIGHT (48) HOURS' NOTICE, WITH OPPORTUNITY TO COMMENT , |
---|
797 | | - | PROVIDED THAT THE USUAL RULEMAKING PROCEDURES SHALL BE |
---|
798 | | - | RETROACTIVELY APPLIED TO THE |
---|
799 | | - | RULE AS SOON AS REASONABLY POSSIBLE, |
---|
800 | | - | IN NO EVENT LATER THAN NINETY (90) DAYS AFTER THE EFFECTIVE DATE OF |
---|
801 | | - | THE |
---|
802 | | - | RULE. FOR THE PURPOSES OF THIS PROVISION, AN EMERGENCY RULE IS |
---|
803 | | - | ONE THAT MUST BE ADOPTED IMMEDIATELY IN ORDER TO |
---|
804 | | - | : |
---|
805 | | - | 1. M |
---|
806 | | - | EET AN IMMINENT THREAT TO PUBLIC HEALTH , SAFETY, OR |
---|
807 | | - | WELFARE |
---|
808 | | - | . |
---|
809 | | - | 2. P |
---|
810 | | - | REVENT A LOSS OF COMMISSION OR MEMBER STATE FUNDS. |
---|
811 | | - | 3. M |
---|
812 | | - | EET A DEADLINE FOR THE PROMULGATION OF AN |
---|
813 | | - | ADMINISTRATIVE |
---|
814 | | - | RULE THAT IS ESTABLISHED BY FEDERAL LAW OR RULE; OR |
---|
815 | | - | PAGE 16-HOUSE BILL 23-1064 4. PROTECT PUBLIC HEALTH AND SAFETY . |
---|
816 | | - | ARTICLE IX- FACILITATING INFORMATION EXCHANGE |
---|
817 | | - | A. T |
---|
818 | | - | HE COMMISSION SHALL PROVIDE FOR FACILITATING THE |
---|
819 | | - | EXCHANGE OF INFORMATION TO ADMINISTER AND IMPLEMENT THE |
---|
820 | | - | PROVISIONS OF THIS |
---|
821 | | - | COMPACT IN ACCORDANCE WITH THE RULES OF THE |
---|
822 | | - | COMMISSION, CONSISTENT WITH GENERALLY ACCEPTED DATA PROTECTION |
---|
823 | | - | PRINCIPLES |
---|
824 | | - | . |
---|
825 | | - | B. N |
---|
826 | | - | OTHING IN THIS COMPACT SHALL BE DEEMED OR CONSTRUED TO |
---|
827 | | - | ALTER |
---|
828 | | - | , LIMIT, OR INHIBIT THE POWER OF A MEMBER STATE TO CONTROL AND |
---|
829 | | - | MAINTAIN OWNERSHIP OF ITS LICENSEE INFORMATION OR ALTER |
---|
830 | | - | , LIMIT, OR |
---|
831 | | - | INHIBIT THE LAWS OR REGULATIONS GOVERNING LICENSEE INFORMATION IN |
---|
832 | | - | THE |
---|
833 | | - | MEMBER STATE. |
---|
834 | | - | ARTICLE X- OVERSIGHT, DISPUTE RESOLUTION, AND |
---|
835 | | - | ENFORCEMENT |
---|
836 | | - | A. Oversight |
---|
837 | | - | 1. T |
---|
838 | | - | HE EXECUTIVE AND JUDICIAL BRANCHES OF STATE GOVERNMENT |
---|
839 | | - | IN EACH |
---|
840 | | - | MEMBER STATE SHALL ENFORCE THIS COMPACT AND TAKE ALL |
---|
841 | | - | ACTIONS NECESSARY AND APPROPRIATE TO EFFECTUATE THE |
---|
842 | | - | COMPACT'S |
---|
843 | | - | PURPOSES AND INTENT |
---|
844 | | - | . THE PROVISIONS OF THIS COMPACT SHALL HAVE |
---|
845 | | - | STANDING AS STATUTORY LAW |
---|
846 | | - | . |
---|
847 | | - | 2. V |
---|
848 | | - | ENUE IS PROPER AND JUDICIAL PROCEEDINGS BY OR AGAINST THE |
---|
849 | | - | COMMISSION SHALL BE BROUGHT SOLELY AND EXCLUSIVELY IN A COURT OF |
---|
850 | | - | COMPETENT JURISDICTION WHERE THE PRINCIPAL OFFICE OF THE |
---|
851 | | - | COMMISSION IS LOCATED. THE COMMISSION MAY WAIVE VENUE AND |
---|
852 | | - | JURISDICTIONAL DEFENSES TO THE EXTENT IT ADOPTS OR CONSENTS TO |
---|
853 | | - | PARTICIPATE IN ALTERNATIVE DISPUTE RESOLUTION PROCEEDINGS |
---|
854 | | - | . NOTHING |
---|
855 | | - | HEREIN SHALL AFFECT OR LIMIT THE SELECTION OR PROPRIETY OF VENUE IN |
---|
856 | | - | ANY ACTION AGAINST A LICENSEE FOR PROFESSIONAL MALPRACTICE |
---|
857 | | - | , |
---|
858 | | - | MISCONDUCT, OR ANY SUCH SIMILAR MATTER. |
---|
859 | | - | 3. A |
---|
860 | | - | LL COURTS AND ALL ADMINISTRATIVE AGENCIES SHALL TAKE |
---|
861 | | - | JUDICIAL NOTICE OF THE |
---|
862 | | - | COMPACT, THE RULES OF THE COMMISSION, AND |
---|
863 | | - | ANY INFORMATION PROVIDED TO A |
---|
864 | | - | MEMBER STATE PURSUANT THERETO IN |
---|
865 | | - | PAGE 17-HOUSE BILL 23-1064 ANY JUDICIAL OR QUASI-JUDICIAL PROCEEDING IN A MEMBER STATE |
---|
866 | | - | PERTAINING TO THE SUBJECT MATTER OF THIS |
---|
867 | | - | COMPACT, OR WHICH MAY |
---|
868 | | - | AFFECT THE POWERS |
---|
869 | | - | , RESPONSIBILITIES, OR ACTIONS OF THE COMMISSION. |
---|
870 | | - | 4. T |
---|
871 | | - | HE COMMISSION SHALL BE ENTITLED TO RECEIVE SERVICE OF |
---|
872 | | - | PROCESS IN ANY PROCEEDING REGARDING THE ENFORCEMENT OR |
---|
873 | | - | INTERPRETATION OF THE |
---|
874 | | - | COMPACT AND SHALL HAVE STANDING TO |
---|
875 | | - | INTERVENE IN SUCH A PROCEEDING FOR ALL PURPOSES |
---|
876 | | - | . FAILURE TO PROVIDE |
---|
877 | | - | THE |
---|
878 | | - | COMMISSION SERVICE OF PROCESS SHALL RENDER A JUDGMENT OR |
---|
879 | | - | ORDER VOID AS TO THE |
---|
880 | | - | COMMISSION, THIS COMPACT, OR PROMULGATED |
---|
881 | | - | RULES. |
---|
882 | | - | B. Default, Technical Assistance, and Termination |
---|
883 | | - | 1. I |
---|
884 | | - | F THE COMMISSION DETERMINES THAT A MEMBER STATE HAS |
---|
885 | | - | DEFAULTED IN THE PERFORMANCE OF ITS OBLIGATIONS OR RESPONSIBILITIES |
---|
886 | | - | UNDER THIS |
---|
887 | | - | COMPACT OR THE PROMULGATED RULES, THE COMMISSION |
---|
888 | | - | SHALL |
---|
889 | | - | : |
---|
890 | | - | a. P |
---|
891 | | - | ROVIDE WRITTEN NOTICE TO THE DEFAULTING STATE AND OTHER |
---|
892 | | - | MEMBER STATES OF THE NATURE OF THE DEFAULT , THE PROPOSED MEANS |
---|
893 | | - | OF CURING THE DEFAULT |
---|
894 | | - | , OR ANY OTHER ACTION TO BE TAKEN BY THE |
---|
895 | | - | COMMISSION; AND |
---|
896 | | - | b. PROVIDE REMEDIAL TRAINING AND SPECIFIC TECHNICAL |
---|
897 | | - | ASSISTANCE REGARDING THE DEFAULT |
---|
898 | | - | . |
---|
899 | | - | 2. I |
---|
900 | | - | F A STATE IN DEFAULT FAILS TO CURE THE DEFAULT , THE |
---|
901 | | - | DEFAULTING |
---|
902 | | - | STATE MAY BE TERMINATED FROM THE COMPACT UPON AN |
---|
903 | | - | AFFIRMATIVE VOTE OF A MAJORITY OF THE |
---|
904 | | - | COMMISSIONERS OF THE MEMBER |
---|
905 | | - | STATES, AND ALL RIGHTS, PRIVILEGES, AND BENEFITS CONFERRED ON THAT |
---|
906 | | - | STATE BY THIS COMPACT MAY BE TERMINATED ON THE EFFECTIVE DATE OF |
---|
907 | | - | TERMINATION |
---|
908 | | - | . A CURE OF THE DEFAULT DOES NOT RELIEVE THE OFFENDING |
---|
909 | | - | STATE OF OBLIGATIONS OR LIABILITIES INCURRED DURING THE PERIOD OF |
---|
910 | | - | DEFAULT |
---|
911 | | - | . |
---|
912 | | - | 3. T |
---|
913 | | - | ERMINATION OF MEMBERSHIP IN THE COMPACT SHALL BE |
---|
914 | | - | IMPOSED ONLY AFTER ALL OTHER MEANS OF SECURING COMPLIANCE HAVE |
---|
915 | | - | BEEN EXHAUSTED |
---|
916 | | - | . NOTICE OF INTENT TO SUSPEND OR TERMINATE SHALL BE |
---|
917 | | - | GIVEN BY THE |
---|
918 | | - | COMMISSION TO THE GOVERNOR , THE MAJORITY AND |
---|
919 | | - | PAGE 18-HOUSE BILL 23-1064 MINORITY LEADERS OF THE DEFAULTING STATE'S LEGISLATURE, THE STATE |
---|
920 | | - | LICENSING AUTHORITY, AND EACH OF THE MEMBER STATES. |
---|
921 | | - | 4. A |
---|
922 | | - | STATE THAT HAS BEEN TERMINATED IS RESPONSIBLE FOR ALL |
---|
923 | | - | ASSESSMENTS |
---|
924 | | - | , OBLIGATIONS, AND LIABILITIES INCURRED THROUGH THE |
---|
925 | | - | EFFECTIVE DATE OF TERMINATION |
---|
926 | | - | , INCLUDING OBLIGATIONS THAT EXTEND |
---|
927 | | - | BEYOND THE EFFECTIVE DATE OF TERMINATION |
---|
928 | | - | . |
---|
929 | | - | 5. T |
---|
930 | | - | HE COMMISSION SHALL NOT BEAR ANY COSTS RELATED TO A |
---|
931 | | - | STATE THAT IS FOUND TO BE IN DEFAULT OR THAT HAS BEEN TERMINATED |
---|
932 | | - | FROM THE |
---|
933 | | - | COMPACT, UNLESS AGREED UPON IN WRITING BETWEEN THE |
---|
934 | | - | COMMISSION AND THE DEFAULTING STATE. |
---|
935 | | - | 6. T |
---|
936 | | - | HE DEFAULTING STATE MAY APPEAL THE ACTION OF THE |
---|
937 | | - | COMMISSION BY PETITIONING THE U.S. DISTRICT COURT FOR THE DISTRICT |
---|
938 | | - | OF |
---|
939 | | - | COLUMBIA OR THE FEDERAL DISTRICT WHERE THE COMMISSION HAS ITS |
---|
940 | | - | PRINCIPAL OFFICES |
---|
941 | | - | . THE PREVAILING PARTY SHALL BE AWARDED ALL COSTS |
---|
942 | | - | OF SUCH LITIGATION |
---|
943 | | - | , INCLUDING REASONABLE ATTORNEY 'S FEES. |
---|
944 | | - | C. Dispute Resolution |
---|
945 | | - | 1. U |
---|
946 | | - | PON REQUEST BY A MEMBER STATE, THE COMMISSION SHALL |
---|
947 | | - | ATTEMPT TO RESOLVE DISPUTES RELATED TO THE |
---|
948 | | - | COMPACT THAT ARISE |
---|
949 | | - | AMONG |
---|
950 | | - | MEMBER STATES AND BETWEEN MEMBER AND NON-MEMBER |
---|
951 | | - | STATES. |
---|
952 | | - | 2. T |
---|
953 | | - | HE COMMISSION SHALL PROMULGATE A RULE PROVIDING FOR |
---|
954 | | - | BOTH BINDING AND NON |
---|
955 | | - | -BINDING ALTERNATIVE DISPUTE RESOLUTION FOR |
---|
956 | | - | DISPUTES AS APPROPRIATE |
---|
957 | | - | . |
---|
958 | | - | D. Enforcement |
---|
959 | | - | 1. T |
---|
960 | | - | HE COMMISSION, IN THE REASONABLE EXERCISE OF ITS |
---|
961 | | - | DISCRETION |
---|
962 | | - | , SHALL ENFORCE THE PROVISIONS AND RULES OF THIS COMPACT. |
---|
963 | | - | 2. B |
---|
964 | | - | Y MAJORITY VOTE, THE COMMISSION MAY INITIATE LEGAL |
---|
965 | | - | ACTION IN THE |
---|
966 | | - | UNITED STATES DISTRICT COURT FOR THE DISTRICT OF |
---|
967 | | - | COLUMBIA OR THE FEDERAL DISTRICT WHERE THE COMMISSION HAS ITS |
---|
968 | | - | PRINCIPAL OFFICES AGAINST A |
---|
969 | | - | MEMBER STATE IN DEFAULT TO ENFORCE |
---|
970 | | - | COMPLIANCE WITH THE PROVISIONS OF THE |
---|
971 | | - | COMPACT AND ITS |
---|
972 | | - | PAGE 19-HOUSE BILL 23-1064 PROMULGATED RULES AND BYLAWS. THE RELIEF SOUGHT MAY INCLUDE |
---|
973 | | - | BOTH INJUNCTIVE RELIEF AND DAMAGES |
---|
974 | | - | . IN THE EVENT JUDICIAL |
---|
975 | | - | ENFORCEMENT IS NECESSARY |
---|
976 | | - | , THE PREVAILING PARTY SHALL BE AWARDED |
---|
977 | | - | ALL COSTS OF SUCH LITIGATION |
---|
978 | | - | , INCLUDING REASONABLE ATTORNEY 'S FEES. |
---|
979 | | - | T |
---|
980 | | - | HE REMEDIES HEREIN SHALL NOT BE THE EXCLUSIVE REMEDIES OF THE |
---|
981 | | - | COMMISSION. THE COMMISSION MAY PURSUE ANY OTHER REMEDIES |
---|
982 | | - | AVAILABLE UNDER FEDERAL OR |
---|
983 | | - | STATE LAW. |
---|
984 | | - | ARTICLE XI- EFFECTUATION, WITHDRAWAL, |
---|
985 | | - | AND AMENDMENT |
---|
986 | | - | A. T |
---|
987 | | - | HE COMPACT SHALL COME INTO EFFECT ON THE DATE ON WHICH |
---|
988 | | - | THE |
---|
989 | | - | COMPACT STATUTE IS ENACTED INTO LAW IN THE TENTH MEMBER |
---|
990 | | - | STATE. |
---|
991 | | - | 1. O |
---|
992 | | - | N OR AFTER THE EFFECTIVE DATE OF THE COMPACT, THE |
---|
993 | | - | COMMISSION SHALL CONVENE AND REVIEW THE ENACTMENT OF EACH OF |
---|
994 | | - | THE |
---|
995 | | - | CHARTER MEMBER STATES TO DETERMINE IF THE STATUTE ENACTED BY |
---|
996 | | - | EACH SUCH |
---|
997 | | - | CHARTER MEMBER STATE IS MATERIALLY DIFFERENT FROM THE |
---|
998 | | - | MODEL |
---|
999 | | - | COMPACT STATUTE. |
---|
1000 | | - | 2. A |
---|
1001 | | - | CHARTER MEMBER STATE WHOSE ENACTMENT IS FOUND TO BE |
---|
1002 | | - | MATERIALLY DIFFERENT FROM THE MODEL |
---|
1003 | | - | COMPACT STATUTE SHALL BE |
---|
1004 | | - | ENTITLED TO THE DEFAULT PROCESS SET FORTH IN |
---|
1005 | | - | ARTICLE X. |
---|
1006 | | - | 3. M |
---|
1007 | | - | EMBER STATES ENACTING THE COMPACT SUBSEQUENT TO THE |
---|
1008 | | - | CHARTER MEMBER STATES SHALL BE SUBJECT TO THE PROCESS SET FORTH |
---|
1009 | | - | IN |
---|
1010 | | - | ARTICLE VII.C.20 TO DETERMINE IF THEIR ENACTMENTS ARE MATERIALLY |
---|
1011 | | - | DIFFERENT FROM THE MODEL |
---|
1012 | | - | COMPACT STATUTE AND WHETHER THEY |
---|
1013 | | - | QUALIFY FOR PARTICIPATION IN THE |
---|
1014 | | - | COMPACT. |
---|
1015 | | - | B. I |
---|
1016 | | - | F ANY MEMBER STATE IS LATER FOUND TO BE IN DEFAULT, OR IS |
---|
1017 | | - | TERMINATED OR WITHDRAWS FROM THE |
---|
1018 | | - | COMPACT, THE COMMISSION SHALL |
---|
1019 | | - | REMAIN IN EXISTENCE AND THE |
---|
1020 | | - | COMPACT SHALL REMAIN IN EFFECT EVEN IF |
---|
1021 | | - | THE NUMBER OF |
---|
1022 | | - | MEMBER STATES SHOULD BE LESS THAN TEN. |
---|
| 970 | + | NY LAWS, STATUTES, REGULATIONS, OR OTHER LEGAL7 |
---|
| 971 | + | REQUIREMENTS IN A MEMBER STATE IN CONFLICT WITH THE COMPACT ARE8 |
---|
| 972 | + | SUPERSEDED TO THE EXTENT OF THE CONFLICT .9 |
---|