Sec. 4. (a) The commission, in the reasonable exercise of the commission’s discretion, shall enforce the provisions and rules of this compact.

     (b) By majority vote, the commission may initiate legal action in the United States District Court for the District of Columbia or the federal district where the commission has the commission’s principal offices against a member state in default to enforce compliance with the provisions of the compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of the litigation, including reasonable attorney‘s fees.

Terms Used In Indiana Code 16-31.5-13-4

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • commission: means the national administrative body, of which all states that have enacted the compact are members. See Indiana Code 16-31.5-2-5
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • member state: means a state that has enacted this compact. See Indiana Code 16-31.5-2-10
  • state: means any state, commonwealth, district, or territory of the United States. See Indiana Code 16-31.5-2-18
  • United States: includes the District of Columbia and the commonwealths, possessions, states in free association with the United States, and the territories. See Indiana Code 1-1-4-5
     (c) The remedies under this chapter shall not be the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or state law.

As added by P.L.3-2020, SEC.1.