This section lets a remote state take adverse action against a licensee’s compact privilege and issue subpoenas, while reserving home-state adverse action over the home state license.
(a) In addition to the other powers conferred by state law, a remote state shall have the authority, in accordance with existing state due process law, to do both of the following: (1) Take adverse action against a licensee’s compact privilege within that member state. (2) Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses, as well as the production of evidence. Subpoenas issued by a licensing authority in a member state for the attendance and testimony of witnesses or the production of evidence from another member state shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure applicable to subpoenas issued in proceedings pending before that court. The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state in which the witnesses or evidence are located. (b) Only the home state shall have the power to take adverse action against a licensee’s home state license. (c) For purposes of taking adverse action, the home state shall give the same priority and effect to reported conduct received from a member state as it would if the conduct had occurred within the home state. In so doing, the home state shall apply its own state laws to determine appropriate action. (d) The home state shall complete any pending investigations of a licensee who changes home states during the course of the investigations. The home state shall also have authority to take appropriate action and shall promptly report the conclusions of the investigations to the administrator of the data system. The administrator of the data system shall promptly notify the new home state of any adverse actions. (e) A member state, if otherwise permitted by state law, may recover from the affected licensee the costs of investigations and dispositions of cases resulting from any adverse action taken against that licensee. (f) A member state may take adverse action based on the factual findings of another remote state, provided that the member state follows its own procedures for taking the adverse action. (g) Joint investigations. (1) In addition to the authority granted to a member state by its respective state law, any member state may participate with other member states in joint investigations of licensees. (2) Member states shall share any investigative, litigation, or compliance materials in furtherance of any joint investigation initiated under the compact. (h) If adverse action is taken by the home state against a licensee’s home state license resulting in an encumbrance on the home state license, the licensee’s compact privilege in all other member states shall be revoked until all encumbrances have been removed from the home state license. All home state disciplinary orders that impose adverse action against a licensee shall include a statement that the licensee’s compact privileges are revoked in all member states during the pendency of the order. (i) Once an encumbered license in the home state is restored to an unencumbered license, as certified by the home state’s licensing authority, the licensee must meet the requirements of Section 34-34B-4(a) and follow the administrative requirements to reapply to obtain a compact privilege in any remote state. (j) If a member state takes adverse action, it shall promptly notify the administrator of the data system. The administrator of the data system shall promptly notify the other member states of any adverse actions. (k) Nothing in this compact shall override a member state’s decision that participation in an alternative program may be used in lieu of adverse action.