STPBP #7-2012STPBP #7-2012

Sponsored by: Sponsored by:

Kansas, Nevada and OregonKansas, Nevada and Oregon

History/Digest The IFTA Articles of Agreement provides for the IFTA, Inc. Board of Trustees to request a resolution of expulsion of a member for failure to bring its IFTA program into compliance with the Agreement as a result of an Order issued by the IFTA Dispute Resolution Committee (DRC) pursuant to the IFTA Dispute Resolution Process (Article R1555.400.005). The existing language in R1555.400.005 conflicts with the penalty provisions of the IFTA Dispute Resolution Process (DRP) in that the penalties in the DRP are intended to be progressive in nature with the ultimate penalty being a resolution to expel being issued by the IFTA, Inc. Board of Trustees; subject to a vote of the membership in accordance with R1555.400. The direct language in R1555.400.005 requires the Board of Trustees to request a resolution to expel a member one year after said member has lost its voting power per the DRP. The loss of voting rights is among the first penalties imposed by the DRC for non-compliance with an Order of the DRC (subject to the exhaustion of appeals rights in accordance with IFTA Dispute Resolution Process Section IV.4). The existing language in the Articles of Agreement conflicts with the language in the DRP by accelerating the issuance of the resolution to expel in a manner that is inconsistent with the progressive penalties currently prescribed by the DRP to deal with non-compliant members.

Intent The intent of this ballot is to amend the IFTA Articles of Agreement so that the expulsion provisions of the Agreement are consistent with the progressive nature of the penalties provided for in the IFTA Dispute Resolution Process.

Discussion / Vote