Delaware Code Title 11 Sec. 8599H – Adjudication of disputes
(a) In general. —
Terms Used In Delaware Code Title 11 Sec. 8599H
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
- United States: includes its territories and possessions and the District of Columbia. See Delaware Code Title 1 Sec. 302
The Council shall:
(1) Have initial authority to make determinations with respect to any dispute regarding:
a. Interpretation of this Compact;
b. Any rule or standard established by the Council pursuant to § 8599B of this title; and
c. Any dispute or controversy between any parties to this Compact; and
(2) Hold a hearing concerning any dispute described in paragraph (a)(1) of this section at a regularly scheduled meeting of the Council and only render a decision based upon a majority vote of the members of the Council. Such decision shall be published pursuant to the requirements of § 8599C(e) of this title.
(b) Duties of FBI. —
The FBI shall exercise immediate and necessary action to preserve the integrity of the III System, maintain system policy and standards, protect the accuracy and privacy of records, and to prevent abuses until the Council holds a hearing on such matters.
(c) Right of appeal. —
The FBI or a party state may appeal any decision of the Council to the Attorney General and thereafter may file suit in the appropriate District Court of the United States, which shall have original jurisdiction of all cases or controversies arising under this Compact. Any suit arising under this Compact and initiated in a state court shall be removed to the appropriate District Court of the United States in the manner provided by 28 U.S.C. § 1446, or other statutory authority.