State Codes and Statutes

Statutes > North-carolina > Chapter_58 > GS_58-91-70

§ 58‑91‑70. Withdrawal; default; termination.

(a)        Withdrawal. – Onceeffective, the Compact shall continue in force and remain binding upon each andevery compacting state though a compacting state may withdraw from the Compact("withdrawing state") by enacting a statute specifically repealingthe statute which enacted the Compact into law.

The effective date ofwithdrawal is the effective date of the repealing statute. However, thewithdrawal shall not apply to any product filings approved or self‑certified,or any advertisement of such products, on the date the repealing statutebecomes effective, except by mutual agreement of the Commission and thewithdrawing state unless the approval is rescinded by the withdrawing state asprovided in this subsection.

The commissioner of thewithdrawing state shall immediately notify the Management Committee in writingupon the introduction of legislation repealing this Compact in the withdrawingstate.

The Commission shall notifythe other compacting states of the introduction of such legislation within 10days after its receipt of the notice.

The withdrawing state isresponsible for all obligations, duties, and liabilities incurred through theeffective date of withdrawal, including any obligations, the performance ofwhich extend beyond the effective date of withdrawal, except to the extentthose obligations may have been released or relinquished by mutual agreement ofthe Commission and the withdrawing state. The Commission's approval of productsand advertisement prior to the effective date of withdrawal shall continue tobe effective and be given full force and effect in the withdrawing state,unless formally rescinded by the withdrawing state in the same manner asprovided by the laws of the withdrawing state for the prospective disapprovalof products or advertisement previously approved under state law.

Reinstatement followingwithdrawal of any compacting state shall occur upon the effective date of thewithdrawing state reenacting the Compact.

(b)        Default. – If theCommission determines that any compacting state has at any time defaulted("defaulting state") in the performance of any of its obligations orresponsibilities under this Compact, the bylaws or duly promulgated rules oroperating procedures, then, after notice and hearing as set forth in thebylaws, all rights, privileges, and benefits conferred by this Compact on thedefaulting state shall be suspended from the effective date of default as fixedby the Commission. The grounds for default include failure of a compactingstate to perform its obligations or responsibilities, and any other groundsdesignated in Commission rules. The Commission shall immediately notify thedefaulting state in writing of the defaulting state's suspension pending a cureof the default. The Commission shall stipulate the conditions and the timeperiod within which the defaulting state must cure its default. If thedefaulting state fails to cure the default within the time period specified bythe Commission, the defaulting state shall be terminated from the Compact andall rights, privileges, and benefits conferred by this Compact shall beterminated from the effective date of termination.

Product approvals by theCommission or product self‑certifications, or any advertisement in connectionwith such product, that are in force on the effective date of termination shallremain in force in the defaulting state in the same manner as if the defaultingstate had withdrawn voluntarily pursuant to subsection (a) of this section.

Reinstatement followingtermination of any compacting state requires a reenactment of the Compact.

(c)        Dissolution ofCompact. – The Compact dissolves effective upon the date of the withdrawal ordefault of the compacting state which reduces membership in the Compact to onecompacting state.

Upon the dissolution of thisCompact, the Compact becomes null and void and shall be of no further force oreffect, and the business and affairs of the Commission shall be wound up andany surplus funds shall be distributed in accordance with the bylaws. (2005‑183, s. 1;2009-382, s. 35.)

State Codes and Statutes

Statutes > North-carolina > Chapter_58 > GS_58-91-70

§ 58‑91‑70. Withdrawal; default; termination.

(a)        Withdrawal. – Onceeffective, the Compact shall continue in force and remain binding upon each andevery compacting state though a compacting state may withdraw from the Compact("withdrawing state") by enacting a statute specifically repealingthe statute which enacted the Compact into law.

The effective date ofwithdrawal is the effective date of the repealing statute. However, thewithdrawal shall not apply to any product filings approved or self‑certified,or any advertisement of such products, on the date the repealing statutebecomes effective, except by mutual agreement of the Commission and thewithdrawing state unless the approval is rescinded by the withdrawing state asprovided in this subsection.

The commissioner of thewithdrawing state shall immediately notify the Management Committee in writingupon the introduction of legislation repealing this Compact in the withdrawingstate.

The Commission shall notifythe other compacting states of the introduction of such legislation within 10days after its receipt of the notice.

The withdrawing state isresponsible for all obligations, duties, and liabilities incurred through theeffective date of withdrawal, including any obligations, the performance ofwhich extend beyond the effective date of withdrawal, except to the extentthose obligations may have been released or relinquished by mutual agreement ofthe Commission and the withdrawing state. The Commission's approval of productsand advertisement prior to the effective date of withdrawal shall continue tobe effective and be given full force and effect in the withdrawing state,unless formally rescinded by the withdrawing state in the same manner asprovided by the laws of the withdrawing state for the prospective disapprovalof products or advertisement previously approved under state law.

Reinstatement followingwithdrawal of any compacting state shall occur upon the effective date of thewithdrawing state reenacting the Compact.

(b)        Default. – If theCommission determines that any compacting state has at any time defaulted("defaulting state") in the performance of any of its obligations orresponsibilities under this Compact, the bylaws or duly promulgated rules oroperating procedures, then, after notice and hearing as set forth in thebylaws, all rights, privileges, and benefits conferred by this Compact on thedefaulting state shall be suspended from the effective date of default as fixedby the Commission. The grounds for default include failure of a compactingstate to perform its obligations or responsibilities, and any other groundsdesignated in Commission rules. The Commission shall immediately notify thedefaulting state in writing of the defaulting state's suspension pending a cureof the default. The Commission shall stipulate the conditions and the timeperiod within which the defaulting state must cure its default. If thedefaulting state fails to cure the default within the time period specified bythe Commission, the defaulting state shall be terminated from the Compact andall rights, privileges, and benefits conferred by this Compact shall beterminated from the effective date of termination.

Product approvals by theCommission or product self‑certifications, or any advertisement in connectionwith such product, that are in force on the effective date of termination shallremain in force in the defaulting state in the same manner as if the defaultingstate had withdrawn voluntarily pursuant to subsection (a) of this section.

Reinstatement followingtermination of any compacting state requires a reenactment of the Compact.

(c)        Dissolution ofCompact. – The Compact dissolves effective upon the date of the withdrawal ordefault of the compacting state which reduces membership in the Compact to onecompacting state.

Upon the dissolution of thisCompact, the Compact becomes null and void and shall be of no further force oreffect, and the business and affairs of the Commission shall be wound up andany surplus funds shall be distributed in accordance with the bylaws. (2005‑183, s. 1;2009-382, s. 35.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_58 > GS_58-91-70

§ 58‑91‑70. Withdrawal; default; termination.

(a)        Withdrawal. – Onceeffective, the Compact shall continue in force and remain binding upon each andevery compacting state though a compacting state may withdraw from the Compact("withdrawing state") by enacting a statute specifically repealingthe statute which enacted the Compact into law.

The effective date ofwithdrawal is the effective date of the repealing statute. However, thewithdrawal shall not apply to any product filings approved or self‑certified,or any advertisement of such products, on the date the repealing statutebecomes effective, except by mutual agreement of the Commission and thewithdrawing state unless the approval is rescinded by the withdrawing state asprovided in this subsection.

The commissioner of thewithdrawing state shall immediately notify the Management Committee in writingupon the introduction of legislation repealing this Compact in the withdrawingstate.

The Commission shall notifythe other compacting states of the introduction of such legislation within 10days after its receipt of the notice.

The withdrawing state isresponsible for all obligations, duties, and liabilities incurred through theeffective date of withdrawal, including any obligations, the performance ofwhich extend beyond the effective date of withdrawal, except to the extentthose obligations may have been released or relinquished by mutual agreement ofthe Commission and the withdrawing state. The Commission's approval of productsand advertisement prior to the effective date of withdrawal shall continue tobe effective and be given full force and effect in the withdrawing state,unless formally rescinded by the withdrawing state in the same manner asprovided by the laws of the withdrawing state for the prospective disapprovalof products or advertisement previously approved under state law.

Reinstatement followingwithdrawal of any compacting state shall occur upon the effective date of thewithdrawing state reenacting the Compact.

(b)        Default. – If theCommission determines that any compacting state has at any time defaulted("defaulting state") in the performance of any of its obligations orresponsibilities under this Compact, the bylaws or duly promulgated rules oroperating procedures, then, after notice and hearing as set forth in thebylaws, all rights, privileges, and benefits conferred by this Compact on thedefaulting state shall be suspended from the effective date of default as fixedby the Commission. The grounds for default include failure of a compactingstate to perform its obligations or responsibilities, and any other groundsdesignated in Commission rules. The Commission shall immediately notify thedefaulting state in writing of the defaulting state's suspension pending a cureof the default. The Commission shall stipulate the conditions and the timeperiod within which the defaulting state must cure its default. If thedefaulting state fails to cure the default within the time period specified bythe Commission, the defaulting state shall be terminated from the Compact andall rights, privileges, and benefits conferred by this Compact shall beterminated from the effective date of termination.

Product approvals by theCommission or product self‑certifications, or any advertisement in connectionwith such product, that are in force on the effective date of termination shallremain in force in the defaulting state in the same manner as if the defaultingstate had withdrawn voluntarily pursuant to subsection (a) of this section.

Reinstatement followingtermination of any compacting state requires a reenactment of the Compact.

(c)        Dissolution ofCompact. – The Compact dissolves effective upon the date of the withdrawal ordefault of the compacting state which reduces membership in the Compact to onecompacting state.

Upon the dissolution of thisCompact, the Compact becomes null and void and shall be of no further force oreffect, and the business and affairs of the Commission shall be wound up andany surplus funds shall be distributed in accordance with the bylaws. (2005‑183, s. 1;2009-382, s. 35.)