Del. Code tit. 11 § 8599H

Current through 2024 Legislative Session Act Chapter 531

Section 8599H - Adjudication of disputes

(a) In general.

The Council shall:

(1) have initial authority to make determinations with respect to any dispute regarding:

a. interpretation of this Compact;

b. any rule or standard established by the Council pursuant to Article V; and

c. 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 Article VI(e).

(b) Duties of FBI.

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) Right of appeal.

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, United States Code, or other statutory authority.

11 Del. C. § 8599H

Added by Laws 2019 , ch. 97, s 1, eff. 7/4/2019.