2022 Delaware Code
Title 11 - Crimes and Criminal Procedure
Chapter 85. STATE BUREAU OF IDENTIFICATION
Subchapter XI. The National Crime Prevention and Privacy Compact Act
§ 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 § 8599B of this title; and
c. Any dispute or controversy between any parties to this Compact; and
(2) Hold a hearing concerning any dispute described in paragraph (a)(1) of this section 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 § 8599C(e) of this title.
(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 28 U.S.C. § 1446, or other statutory authority.
82 Del. Laws, c. 97, § 1;