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ROBERT L. EHRLICH, JR., Governor Ch. 450
10-248.
THE PROVISIONS OF THIS COMPACT SHALL BE SEVERABLE, AND IF ANY
PHRASE, CLAUSE, SENTENCE, OR PROVISION OF THIS COMPACT IS DECLARED TO BE
CONTRARY TO THE CONSTITUTION OF ANY PARTICIPATING STATE, OR TO THE
CONSTITUTION OF THE UNITED STATES, OR THE APPLICABILITY THEREOF TO ANY
GOVERNMENT, AGENCY, PERSON, OR CIRCUMSTANCE IS HELD INVALID, THE
VALIDITY OF THE REMAINDER OF THIS COMPACT AND THE APPLICABILITY THEREOF
TO ANY GOVERNMENT, AGENCY, PERSON, OR CIRCUMSTANCE SHALL NOT BE
AFFECTED THEREBY. IF A PORTION OF THIS COMPACT IS HELD CONTRARY TO THE
CONSTITUTION OF ANY PARTY STATE, ALL OTHER PORTIONS OF THIS COMPACT
SHALL REMAIN IN FULL FORCE AND EFFECT AS TO THE REMAINING PARTY STATES
AND IN FULL FORCE AND EFFECT AS TO THE PARTY STATE AFFECTED, AS TO ALL
OTHER PROVISIONS.
10-249.
(A) THE COUNCIL SHALL:
(1) HAVE INITIAL AUTHORITY TO MAKE DETERMINATIONS WITH
RESPECT TO ANY DISPUTE REGARDING:
(I) INTERPRETATION OF THIS COMPACT;
(II) ANY RULE OR STANDARD ESTABLISHED BY THE COUNCIL
PURSUANT TO SECTION 10-244 OF THIS SUBTITLE; AND
(III) ANY DISPUTE OR CONTROVERSY BETWEEN ANY PARTIES TO
THIS COMPACT; AND
(2) HOLD A HEARING CONCERNING ANY DISPUTE DESCRIBED IN
PARAGRAPH (1) AT A REGULARLY SCHEDULED MEETING OF THE COUNCIL AND ONLY
RENDER A DECISION BASED UPON A MAJORITY VOTE OF THE MEMBERS OF THE
COUNCIL. SUCH DECISION SHALL BE PUBLISHED PURSUANT TO THE REQUIREMENTS
OF SECTION 10-244(E) OF THIS SUBTITLE.
(B) THE FBI SHALL EXERCISE IMMEDIATE AND NECESSARY ACTION TO
PRESERVE THE INTEGRITY OF THE III SYSTEM, MAINTAIN SYSTEM POLICY AND
STANDARDS, PROTECT THE ACCURACY AND PRIVACY OF RECORDS, AND TO PREVENT
ABUSES, UNTIL THE COUNCIL HOLDS A HEARING ON SUCH MATTERS.
(C) THE FBI OR A PARTY STATE MAY APPEAL ANY DECISION OF THE COUNCIL
TO THE ATTORNEY GENERAL, AND THEREAFTER MAY FILE SUIT IN THE
APPROPRIATE DISTRICT COURT OF THE UNITED STATES, WHICH SHALL HAVE
ORIGINAL JURISDICTION OF ALL CASES OR CONTROVERSIES ARISING UNDER THIS
COMPACT. ANY SUIT ARISING UNDER THIS COMPACT AND INITIATED IN A STATE
COURT SHALL BE REMOVED TO THE APPROPRIATE DISTRICT COURT OF THE UNITED
STATES IN THE MANNER PROVIDED BY SECTION 1446 OF TITLE 28, OR OTHER
STATUTORY AUTHORITY.
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