(a)        Dispute Resolution. – Upon request by a member state, the Commission shall attempt to resolve disputes related to the Compact that arise among member states and between member and nonmember states. The Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.

(b)        Enforcement. – The Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this Compact. 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 its 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 litigation, including reasonable attorney’s fees. The remedies herein shall not be the exclusive remedies of the Commission. The Commission may pursue any other remedies available under federal or state law. ?(2020-87, s. 3.)

Terms Used In North Carolina General Statutes 90-312.11

  • 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: Member state means a state that has enacted the Compact. See North Carolina General Statutes 90-312.2
  • Rule: A regulation, principle, or directive promulgated by the Commission that has the force of law. See North Carolina General Statutes 90-312.2
  • State: Any state, commonwealth, district, or territory of the United States of America that regulates the practice of audiology and speech-language pathology. See North Carolina General Statutes 90-312.2
  • United States: shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3