Rule 9-101: Informal Communication to Resolve Disputes or Controversies and Obtain Interpretation of the Rules

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  1. Informal communication

    Through the office of a state’s Compact Commissioner, states shall attempt to resolve disputes or controversies by communicating with each other directly.
     
  2. Failure to resolve dispute or controversy
     
    • a. Following a documented unsuccessful attempt to resolve controversies or disputes arising under this Compact, its by-laws or its rules as required under Rule 9-101, Section 1., compacting states shall pursue informal dispute resolution processes prior to resorting to formal dispute resolution alternatives.
       
    • b. Parties shall submit a written request to the Executive Director for assistance in resolving the controversy or dispute. The Executive Director, or the Chair of the Commission in the Executive Director’s absence, shall provide a written response to the parties within (10) ten business days and may, at the Executive Director’s discretion, seek the assistance of legal counsel or the Executive Committee in resolving the dispute. The Executive Committee may authorize its standing committees or the Executive Director to assist in resolving the dispute or controversy.
       
    • c. In the event that a Commission officer(s) or member(s) of the Executive Committee or other committees authorized to process the dispute, is the Commissioner(s) or designee(s) of the state(s) which is a party(ies) to the dispute, such Commissioner(s) or designee(s) will refrain from participation in the dispute resolution decision making process
       
  3. Interpretation of the rules

    Any state may submit a written request to the Executive Director for assistance in interpreting the rules of this Compact. The Executive Director may seek the assistance of legal counsel, the Executive Committee, or both, in interpreting the rules. The Executive Committee may authorize its standing committees to assist in interpreting the rules. Interpretations of the rules shall be issued in writing by the Executive Director and legal counsel in consultation with the Executive Committee and shall be circulated to all of the states.

History: Adopted as Rule 8-101 December 3, 2009, effective March 1, 2010; renumbered as Rule 9-101, effective April 1, 2014; clerically amended February 4, 2015, effective February 4, 2015


Comment: Rule 9-101 was originally titled “Transition Rule,” adopted December 3, 2009, effective March 1, 2010; amended September 15, 2010, effective September 15, 2010; expired June 30, 2011