New York Laws
Article 66 - Interstate Compact on Educational Oppurtunity for Military Children
3313 - Oversight, Enforcement, and Dispute Resolution.

(b) The interstate commission shall be entitled to receive all service
of process in any such proceeding, and shall have standing to intervene
in the proceeding for all purposes. Failure to provide service of
process to the interstate commission shall render a judgment or order
void as to the interstate commission, this compact or promulgated rules.
2. If the interstate commission determines that a member state has
defaulted in the performance of its obligations or responsibilities
under this compact, or the bylaws or promulgated 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.
(b) Provide remedial training and specific technical assistance
regarding the default.
(c) If the defaulting state fails to cure the default, the defaulting
state shall be terminated from the compact upon an affirmative vote of a
majority of the member states and all rights, privileges and benefits
conferred by this compact shall be terminated from 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.
(d) Suspension or termination of membership in the compact shall be
imposed only after all other means of securing compliance have been
exhausted. Notice of intent to suspend or terminate shall be given by
the interstate commission to the governor, the majority and minority
leaders of the defaulting state's legislature, and each of the member
states.
(e) The state which has been suspended or terminated is responsible
for all assessments, obligations and liabilities incurred through the
effective date of suspension or termination including obligations, the
performance of which extends beyond the effective date of suspension or
termination.
(f) The interstate commission shall not bear any costs relating to any
state that has been found to be in default or which has been suspended
or terminated from the compact, unless otherwise mutually agreed upon in
writing between the interstate commission and the defaulting state.
(g) The defaulting state may appeal the 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 shall be
awarded all costs of such litigation including reasonable attorney's
fees.
3. (a) The interstate commission shall attempt, upon the request of a
member state, to resolve disputes which are subject to the compact and
which may arise among member states and between member and non-member
states.
(b) The interstate commission shall promulgate a rule providing for
both mediation and binding dispute resolution for disputes as
appropriate.
4. (a) The interstate commission, in the reasonable exercise of its
discretion, shall enforce the provisions and rules of this compact.
(b) The interstate commission, may by majority vote of the members,
initiate legal action in the United States district court for the
District of Columbia or, at the discretion of the interstate commission,
in the federal district where the interstate commission has its
principal offices, to enforce compliance with the provisions of the
compact, its promulgated rules and bylaws, against a member state in
default. The relief sought may include both injunctive relief and
damages. In the event judicial enforcement is necessary the prevailing
party shall be awarded all costs of such litigation including reasonable
attorney's fees.
(c) The remedies herein shall not be the exclusive remedies of the
interstate commission. The interstate commission may avail itself of any
other remedies available under state law or the regulation of a
profession.