Maine Revised Statutes Title 32 Sec. 18519 – Default procedures
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1. Grounds. The grounds for default under section 18518 include, but are not limited to, failure of a member state to perform such obligations or responsibilities imposed upon it by the compact or the rules and bylaws of the interstate commission adopted under the compact.
[PL 2017, c. 253, §7 (NEW).]
Terms Used In Maine Revised Statutes Title 32 Sec. 18519
- 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.
- Bylaws: means those bylaws adopted by the interstate commission pursuant to section 18512 for its governance or for directing and controlling its actions and conduct. See Maine Revised Statutes Title 32 Sec. 18503
- in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72
- Interstate commission: means the Interstate Medical Licensure Compact Commission created pursuant to section 18512. See Maine Revised Statutes Title 32 Sec. 18503
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Majority: when used in reference to age shall mean the age of 18 and over. See Maine Revised Statutes Title 1 Sec. 72
- Member state: means a state that has enacted the compact. See Maine Revised Statutes Title 32 Sec. 18503
- Minority: when used in reference to age shall mean under the age of 18. See Maine Revised Statutes Title 1 Sec. 72
- State: means any state, commonwealth, district or territory of the United States. See Maine Revised Statutes Title 32 Sec. 18503
- United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72
2. Default. If the interstate commission determines that a member state has defaulted in the performance of its obligations or responsibilities under the compact or the bylaws or adopted rules, the interstate commission shall:
A. 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. The interstate commission shall specify the conditions by which the defaulting state must cure its default; and [PL 2017, c. 253, §7 (NEW).]
B. Provide remedial training and specific technical assistance regarding the default. [PL 2017, c. 253, §7 (NEW).]
[PL 2017, c. 253, §7 (NEW).]
3. Termination. If a defaulting state fails to cure the default, the defaulting state must be terminated from the compact in accordance with subsection 4 upon an affirmative vote of a majority of the commissioners and all rights, privileges and benefits conferred by the compact terminate on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of the default.
[PL 2017, c. 253, §7 (NEW).]
4. Notice of intent. Termination of membership in the compact may be imposed only after all other means of securing compliance have been exhausted. Notice of intent to terminate must be given by the interstate commission to the governor of the defaulting state, the majority and minority leaders of the defaulting state’s legislature and each of the member states.
[PL 2017, c. 253, §7 (NEW).]
5. Rules. The interstate commission shall adopt rules pursuant to section 18516 and procedures to address licenses and physicians that are materially affected by the termination of a member state or the withdrawal of a member state.
[PL 2017, c. 253, §7 (NEW).]
6. Obligations. A member state that has been terminated is responsible for all dues, obligations and liabilities incurred through the effective date of termination, including obligations the performance of which extends beyond the effective date of termination.
[PL 2017, c. 253, §7 (NEW).]
7. Costs. The interstate commission may not bear any costs relating to any state that has been found to be in default or that has been terminated from the compact, unless otherwise mutually agreed upon in writing between the interstate commission and the defaulting state.
[PL 2017, c. 253, §7 (NEW).]
8. Appeal. A defaulting state may appeal an action of the interstate commission by petitioning the United States District Court for the District of Columbia or the federal district where the interstate commission has its principal offices. The prevailing party must be awarded all costs of such litigation including reasonable attorney’s fees.
[PL 2017, c. 253, §7 (NEW).]
SECTION HISTORY
PL 2017, c. 253, §7 (NEW).