History: Rules 406 and 407 retired August 15, 2023, effective January 2, 2024.
408. FEDERAL CRIMINAL RECORDS
Communication between a party state and the Commission and communication between party states regarding verification of the nurse's eligibility for licensure pursuant to the Compact shall not include any Criminal History Record Information (CHRI) received from the Federal Bureau of Investigation relating to a federal criminal records check performed by a member board under Public Law 92-544.
History: Adopted August 11, 2020; effective January 1, 2021, amended August 15, 2023, effective January 2, 2024.
409. ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSE
An active duty service member, or the member's spouse, shall designate a primary state of residence where the service member or spouse has a current license in good standing. The service member or spouse may retain the primary state of residence designation during the period the service member is on active duty. Subsequent to designating a primary state of residence, the service member or spouse shall only change the primary state of residence through application for licensure in the new primary state of residence.
History: Adopted August 11, 2020; effective January 1, 2021, amended August 15, 2023, effective January 2, 2024.
SECTION 500. ADMINISTRATION
501. DUES ASSESSMENT
(1) The Commission shall determine the annual assessment to be paid by party states. The assessment formula is a flat fee per party state. The Commission shall provide public notice of any proposed revision to the annual assessment fee at least ninety (90) calendar days prior to the Commission meeting to consider the proposed revision.
(2) The annual assessment shall be due within the Commission's first fiscal year after a new party state's implementation date and annually thereafter.
History: Adopted December 12, 2017; effective January 19, 2018, amended August 15, 2023, effective January 2, 2024.
502. DISPUTE RESOLUTION
(1) In the event that two or more party states have a dispute, the parties shall attempt resolution following the steps set out in this rule.
(2) The parties shall first attempt informal resolution. The Compact Administrators in the states involved shall contact each other. Each Compact Administrator shall submit a written statement describing the situation to the other Compact Administrators involved in the dispute. Each Compact Administrator may submit a response. The submission of the statement and the response shall be in a mutually agreed upon time. If the dispute is related to an interpretation of the Compact, the parties shall contact the Executive Director to request assistance from the Executive Committee. If all issues are resolved, no further action is required. If any issue remains unresolved, the parties shall notify the Executive Committee, through the Executive Director, to request mediation and provide the Executive Committee with a concise statement of unresolved issue(s) and analysis including references to NLC statutes, rules and any supporting documents. The Executive Committee may refer the matter to the Compliance Committee. After review by the Compliance Committee, its recommendations will be sent to the parties and the Executive Committee for further review.
Amended August 11, 2020; effective January 1, 2021; amended August 15, 2023, effective January 2, 2024.
(3) (a) A party state that has a dispute with one or more other party states, and informal resolution was unsuccessful, shall attempt mediation. Mediation shall be conducted by a mediator appointed by the Executive Committee from a list of mediators approved by the National Association of Certified Mediators or as agreed to by all parties. If all issues are resolved through mediation, no further action is required. If mediation is unsuccessful, the parties shall submit to binding dispute resolution.
(b) The costs of mediation shall be shared by all party states involved.
(c) All party state Compact Administrators shall be notified of all issues and disputes that rise to the mediation stage in order to comment on those matters and disputes that may impact all party states.
(4) (a) In the event of a dispute between party states that was not resolved through informal resolution or mediation, the party states shall submit to binding dispute resolution. The parties may choose binding dispute resolution either by submitting the question in dispute to the Commission for final action or by arbitration.
(b) All party states involved shall agree in order to proceed with arbitration. In the absence of agreement, the matter shall be referred to the Commission for final determination.
(c) Each party state involved shall be responsible for its own respective expenses, including attorney fees.
(d) The party state Compact Administrators involved in the dispute shall recuse themselves from consideration or voting by the full Commission.
History: Adopted August 14, 2018; effective January 1, 2019, amended August 15, 2023, effective January 2, 2024.
503. COMPLIANCE AND ENFORCEMENT
(1) Compliance and enforcement issues shall be initiated by the Executive Committee.
(2) The Executive Committee, through the Executive Director, shall send a written statement to the Compact Administrator in the party state with the alleged non-compliance issue. That Compact Administrator shall respond to the written statement within thirty calendar days.
(3) The Compact Administrator may appear before the Executive Committee at a time and place as designated by the Executive Committee.
(4) The Executive Committee shall make a recommendation to the Commission concerning the issue of non-compliance.
History: Adopted August 14, 2018; effective January 1, 2019; amended August 15, 2023, effective January 2, 2024.
