Colorado House Bill HB1111 Introduced / Bill

                    Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
 
 
LLS NO. 24-0406.01 Brita Darling x2241
HOUSE BILL 24-1111
House Committees Senate Committees
Business Affairs & Labor
A BILL FOR AN ACT
C
ONCERNING THE ADOPTION OF THE COSMETOLOGY LICENSURE101
COMPACT.102
Bill Summary
(Note:  This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill adopts the cosmetology licensure compact (compact) to
facilitate the interstate practice and regulation of cosmetology. With the
adoption of the compact, a cosmetologist who holds an active,
unencumbered license to practice in the cosmetologist's home state may
apply to the cosmetologist's home state for a multistate license under the
compact. If granted a multistate license under the compact, a
HOUSE SPONSORSHIP
Martinez,
SENATE SPONSORSHIP
Pelton B.,
Shading denotes HOUSE amendment.  Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. cosmetologist is authorized to practice cosmetology in the applicant's
home state, as well as in each state that is a member of the compact, as
though the cosmetologist held a single-state license in that state. The
cosmetologist must comply with the rules of the licensing authority and
the scope of practice laws of the state in which the cosmetologist provides
services. If the cosmetologist moves to a new home state, the
cosmetologist must apply to the new home state for reissuance of a
multistate license.
Under the compact, active military members and their spouses may
designate a home state where the individual is currently licensed in good
standing to practice cosmetology and may retain their home state
designation for purposes of the multistate license during any period when
that individual or the individual's spouse is on active duty assignment.
The compact requires a state that is a member of the compact
(member state) to report adverse actions taken by a member state's
licensing authority or other regulatory body, including actions taken
against a cosmetologist's individual license or authorization to practice,
including revocation, suspension, or any other encumbrance on a license
affecting the ability to practice. The compact authorizes the cosmetology
licensure compact commission (commission) to develop and maintain a
coordinated database and reporting system to include information relating
to a cosmetologist's multistate license and any adverse actions reported
against a cosmetologist. The compact specifies the authority of the home
state with respect to the multistate license issued by the home state, as
well as the authority of a remote state.
The compact creates the administrative structure for the compact,
including granting the powers necessary to establish and operate the
commission, which includes one delegate from each member state that is
the administrator of the state licensing authority in the member state or
the administrator's designee. Among other powers, the commission may
adopt rules and bylaws, establish an executive committee, hire employees,
and establish an office. The compact includes provisions relating to the
conduct of the commission's meetings and its rule-making authority.
To pay the costs associated with the compact, the compact
authorizes the commission to levy and collect an annual assessment from
each member state and to impose fees on licensees of a member state for
granting and renewing a multistate license.
The compact includes provisions governing disputes among
member states and between the commission and a member state,
enforcement provisions, and withdrawal of member states from the
compact.
The compact is effective for member states once the seventh state
has adopted the compact.
HB24-1111-2- Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add part 45 to article2
60 of title 24 as follows:3
PART 454
COSMETOLOGY LICENSURE COMPACT5
24-60-4501.  Compact approved and ratified. T
HE GENERAL6
ASSEMBLY APPROVES AND RATIFIES , AND THE GOVERNOR SHALL ENTER7
INTO, A COMPACT ON BEHALF OF THE STATE OF COLORADO AND ANY OF8
THE UNITED STATES OR OTHER JURISDICTIONS LEGALLY JOINING IN THE9
COMPACT IN THE FORM SUBSTANTIALLY AS FOLLOWS :10
ARTICLE 1 - PURPOSE11
T
HE PURPOSE OF THIS COMPACT IS TO FACILITATE THE INTERSTATE12
PRACTICE AND REGULATION OF COSMETOLOGY WITH THE GOAL OF13
IMPROVING PUBLIC ACCESS TO , AND THE SAFETY OF, COSMETOLOGY14
S
ERVICES AND REDUCING UNNECESSARY BURDENS RELATED TO15
C
OSMETOLOGY LICENSURE . THROUGH THIS COMPACT, THE MEMBER16
S
TATES SEEK TO ESTABLISH A REGULATORY FRAMEWORK WHICH PROVIDES17
FOR A NEW MULTISTATE LICENSING PROGRAM . THROUGH THIS NEW18
LICENSING PROGRAM, THE MEMBER STATES SEEK TO PROVIDE INCREASED19
VALUE AND MOBILITY TO LICENSED COSMETOLOGISTS IN THE MEMBER20
S
TATES, WHILE ENSURING THE PROVISION OF SAFE , EFFECTIVE, AND21
RELIABLE SERVICES TO THE PUBLIC.22
T
HIS COMPACT IS DESIGNED TO ACHIEVE THE FOLLOWING23
OBJECTIVES, AND THE MEMBER STATES HEREBY RATIFY THE SAME24
INTENTIONS BY SUBSCRIBING HERETO :25
A. P
ROVIDE OPPORTUNITIES FOR INTERSTATE PRACTICE BY26
C
OSMETOLOGISTS WHO MEET UNIFORM REQUIREMENTS FOR27
HB24-1111
-3- MULTISTATE LICENSURE;1
B. E
NHANCE THE ABILITIES OF MEMBER STATES TO PROTECT PUBLIC2
HEALTH AND SAFETY AND PREVENT FRAUD AND UNLICENSED3
ACTIVITY WITHIN THE PROFESSION;4
C. E
NSURE AND ENCOURAGE COOPERATION BETWEEN MEMBER5
S
TATES IN THE LICENSURE AND REGULATION OF THE PRACTICE OF6
C
OSMETOLOGY;7
D. S
UPPORT RELOCATING MILITARY MEMBERS AND THEIR SPOUSES ;8
E. F
ACILITATE THE EXCHANGE OF INFORMATION BETWEEN MEMBER9
S
TATES RELATED TO THE LICENSURE , INVESTIGATION, AND10
DISCIPLINE OF THE PRACTICE OF COSMETOLOGY;11
F. P
ROVIDE FOR THE LICENSURE AND MOBILITY OF THE WORKFORCE12
IN THE PROFESSION, WHILE ADDRESSING THE SHORTAGE OF13
WORKERS AND LESSENING THE ASSOCIATED BURDENS ON THE14
M
EMBER STATES.15
ARTICLE 2 - DEFINITIONS16
A
S USED IN THIS COMPACT, AND EXCEPT AS OTHERWISE PROVIDED , THE17
FOLLOWING DEFINITIONS SHALL GOVERN THE TERMS HEREIN :18
A. "A
CTIVE MILITARY MEMBER" MEANS ANY PERSON WITH19
FULL-TIME DUTY STATUS IN THE ARMED FORCES OF THE UNITED20
S
TATES, INCLUDING MEMBERS OF THE NATIONAL GUARD AND21
R
ESERVE.22
B. "A
DVERSE ACTION" MEANS ANY ADMINISTRATIVE , CIVIL,23
EQUITABLE, OR CRIMINAL ACTION PERMITTED BY A MEMBER24
S
TATE'S LAWS WHICH IS IMPOSED BY A STATE LICENSING25
A
UTHORITY OR OTHER REGULATORY BODY AGAINST A26
C
OSMETOLOGIST, INCLUDING ACTIONS AGAINST AN INDIVIDUAL 'S27
HB24-1111
-4- LICENSE OR AUTHORIZATION TO PRACTICE SUCH AS REVOCATION,1
SUSPENSION, PROBATION, MONITORING OF THE LICENSEE,2
LIMITATION OF THE LICENSEE'S PRACTICE, OR ANY OTHER3
E
NCUMBRANCE ON A LICENSE AFFECTING AN INDIVIDUAL 'S ABILITY4
TO PARTICIPATE IN THE COSMETOLOGY INDUSTRY , INCLUDING THE5
ISSUANCE OF A CEASE AND DESIST ORDER .6
C. "A
LTERNATIVE PROGRAM" MEANS A NON -DISCIPLINARY7
MONITORING OR PROSECUTORIAL DIVERSION PROGRAM APPROVED8
BY A MEMBER STATE'S STATE LICENSING AUTHORITY.9
D. "A
UTHORIZATION TO PRACTICE" MEANS A LEGAL AUTHORIZATION10
ASSOCIATED WITH A MULTISTATE LICENSE PERMITTING THE11
P
RACTICE OF COSMETOLOGY IN THAT REMOTE STATE, WHICH IS12
SUBJECT TO THE ENFORCEMENT JURISDICTION OF THE STATE13
L
ICENSING AUTHORITY IN THAT REMOTE STATE.14
E. "B
ACKGROUND CHECK" MEANS THE SUBMISSION OF INFORMATION15
FOR AN APPLICANT FOR THE PURPOSE OF OBTAINING THAT16
APPLICANT'S CRIMINAL HISTORY RECORD INFORMATION , AS17
FURTHER DEFINED IN 28 CFR 20.3 (d), FROM THE FEDERAL18
B
UREAU OF INVESTIGATION AND THE AGENCY RESPONSIBLE FOR19
RETAINING STATE CRIMINAL OR DISCIPLINARY HISTORY IN THE20
APPLICANT'S HOME STATE.21
F. "C
HARTER MEMBER STATE" MEANS MEMBER STATES THAT HAVE22
ENACTED LEGISLATION TO ADOPT THIS COMPACT WHERE SUCH23
LEGISLATION PREDATES THE EFFECTIVE DATE OF THIS COMPACT AS24
DEFINED IN ARTICLE 13.25
G. "C
OMMISSION" MEANS THE GOVERNMENT AGENCY IN WHICH26
MEMBERSHIP CONSISTS OF ALL STATES THAT HAVE ENACTED THIS27
HB24-1111
-5- COMPACT, WHICH IS KNOWN AS THE COSMETOLOGY LICENSURE1
C
OMPACT COMMISSION, AS DEFINED IN ARTICLE 9, AND WHICH2
SHALL OPERATE AS AN INSTRUMENTALITY OF THE MEMBER3
S
TATES.4
H. "C
OSMETOLOGIST" MEANS AN INDIVIDUAL LICENSED IN THEIR5
H
OME STATE TO PRACTICE COSMETOLOGY.6
I. "C
OSMETOLOGY", "COSMETOLOGY SERVICES", AND THE7
"P
RACTICE OF COSMETOLOGY" MEAN THE CARE AND SERVICES8
PROVIDED BY A COSMETOLOGIST AS SET FORTH IN THE MEMBER9
S
TATE'S STATUTES AND REGULATIONS IN THE STATE WHERE THE10
SERVICES ARE BEING PROVIDED.11
J. "C
URRENT SIGNIFICANT INVESTIGATIVE INFORMATION" MEANS:12
1. I
NVESTIGATIVE INFORMATION THAT A STATE LICENSING13
A
UTHORITY, AFTER AN INQUIRY OR INVESTIGATION THAT14
COMPLIES WITH A MEMBER STATE'S DUE PROCESS15
REQUIREMENTS, HAS REASON TO BELIEVE IS NOT16
GROUNDLESS AND, IF PROVED TRUE, WOULD INDICATE A17
VIOLATION OF THAT STATE'S LAWS REGARDING FRAUD OR18
THE PRACTICE OF COSMETOLOGY; OR19
2. I
NVESTIGATIVE INFORMATION THAT INDICATES THAT A20
L
ICENSEE HAS ENGAGED IN FRAUD OR REPRESENTS AN21
IMMEDIATE THREAT TO PUBLIC HEALTH AND SAFETY ,22
REGARDLESS OF WHETHER THE LICENSEE HAS BEEN23
NOTIFIED AND HAD AN OPPORTUNITY TO RESPOND .24
K. "D
ATA SYSTEM" MEANS A REPOSITORY OF INFORMATION ABOUT25
L
ICENSEES, INCLUDING, BUT NOT LIMITED TO, LICENSE STATUS,26
I
NVESTIGATIVE INFORMATION, AND ADVERSE ACTIONS.27
HB24-1111
-6- L. "DISQUALIFYING EVENT" MEANS ANY EVENT THAT DISQUALIFIES1
AN INDIVIDUAL FROM HOLDING A MULTISTATE LICENSE UNDER2
THIS COMPACT, WHICH THE COMMISSION MAY BY RULE OR ORDER3
SPECIFY.4
M. "E
NCUMBERED LICENSE" MEANS A LICENSE IN WHICH AN ADVERSE5
A
CTION RESTRICTS THE PRACTICE OF COSMETOLOGY BY A6
L
ICENSEE, OR WHERE SAID ADVERSE ACTION HAS BEEN REPORTED7
TO THE COMMISSION.8
N. "E
NCUMBRANCE" MEANS A REVOCATION OR SUSPENSION OF , OR9
ANY LIMITATION ON, THE FULL AND UNRESTRICTED PRACTICE OF10
C
OSMETOLOGY BY A STATE LICENSING AUTHORITY.11
O. "E
XECUTIVE COMMITTEE" MEANS A GROUP OF DELEGATES12
ELECTED OR APPOINTED TO ACT ON BEHALF OF , AND WITHIN THE13
POWERS GRANTED TO THEM BY , THE COMMISSION.14
P. "H
OME STATE" MEANS THE MEMBER STATE WHICH IS A LICENSEE'S15
PRIMARY STATE OF RESIDENCE, AND WHERE THAT LICENSEE HOLDS16
AN ACTIVE AND UNENCUMBERED LICENSE TO PRACTICE17
C
OSMETOLOGY.18
Q. "I
NVESTIGATIVE INFORMATION" MEANS INFORMATION, RECORDS,19
OR DOCUMENTS RECEIVED OR GENERATED BY A STATE LICENSING20
A
UTHORITY PURSUANT TO AN INVESTIGATION OR OTHER INQUIRY .21
R. "J
URISPRUDENCE REQUIREMENT" MEANS THE ASSESSMENT OF AN22
INDIVIDUAL'S KNOWLEDGE OF THE LAWS AND RULES GOVERNING23
THE PRACTICE OF COSMETOLOGY IN A STATE.24
S. "L
ICENSEE" MEANS AN INDIVIDUAL WHO CURRENTLY HOLDS A25
LICENSE FROM A MEMBER STATE TO PRACTICE AS A26
C
OSMETOLOGIST.27
HB24-1111
-7- T. "MEMBER STATE" MEANS ANY STATE THAT HAS ADOPTED THIS1
C
OMPACT.2
U. "M
ULTISTATE LICENSE" MEANS A LICENSE ISSUED BY AND SUBJECT3
TO THE ENFORCEMENT JURISDICTION OF THE STATE LICENSING4
A
UTHORITY IN A LICENSEE'S HOME STATE, WHICH AUTHORIZES5
THE PRACTICE OF COSMETOLOGY IN MEMBER STATES AND6
INCLUDES AUTHORIZATIONS TO PRACTICE COSMETOLOGY IN ALL7
R
EMOTE STATES PURSUANT TO THIS COMPACT.8
V. "R
EMOTE STATE" MEANS ANY MEMBER STATE, OTHER THAN THE9
L
ICENSEE'S HOME STATE.10
W. "R
ULE" MEANS ANY RULE OR REGULATION PROMULGATED BY THE11
C
OMMISSION UNDER THIS COMPACT WHICH HAS THE FORCE OF12
LAW.13
X. "S
INGLE-STATE LICENSE" MEANS A COSMETOLOGY LICENSE14
ISSUED BY A MEMBER STATE THAT AUTHORIZES PRACTICE OF15
C
OSMETOLOGY ONLY WITHIN THE ISSUING STATE AND DOES NOT16
INCLUDE ANY AUTHORIZATION OUTSIDE OF THE ISSUING STATE.17
Y. "S
TATE" MEANS A STATE, TERRITORY, OR POSSESSION OF THE18
U
NITED STATES AND THE DISTRICT OF COLUMBIA.19
Z. "S
TATE LICENSING AUTHORITY" MEANS A MEMBER STATE'S20
REGULATORY BODY RESPONSIBLE FOR ISSUING COSMETOLOGY21
LICENSES OR OTHERWISE OVERSEEING THE PRACTICE OF22
C
OSMETOLOGY IN THAT STATE.23
ARTICLE 3 - MEMBER STATE REQUIREMENTS24
A. T
O BE ELIGIBLE TO JOIN THIS COMPACT AND TO MAINTAIN25
ELIGIBILITY AS A MEMBER STATE, A STATE MUST:26
1. L
ICENSE AND REGULATE COSMETOLOGY;27
HB24-1111
-8- 2. HAVE A MECHANISM OR ENTITY IN PLACE TO RECEIVE AND1
INVESTIGATE COMPLAINTS ABOUT LICENSEES PRACTICING2
IN THAT STATE;3
3. R
EQUIRE THAT LICENSEES WITHIN THE STATE PASS A4
C
OSMETOLOGY COMPETENCY EXAMINATION PRIOR TO5
BEING LICENSED TO PROVIDE COSMETOLOGY SERVICES TO6
THE PUBLIC IN THAT STATE;7
4. R
EQUIRE THAT LICENSEES SATISFY EDUCATIONAL OR8
TRAINING REQUIREMENTS IN COSMETOLOGY PRIOR TO9
BEING LICENSED TO PROVIDE COSMETOLOGY SERVICES TO10
THE PUBLIC IN THAT STATE;11
5. I
MPLEMENT PROCEDURES FOR CONSIDERING ONE OR MORE12
OF THE FOLLOWING CATEGORIES OF INFORMATION FROM13
APPLICANTS FOR LICENSURE : CRIMINAL HISTORY ,14
DISCIPLINARY HISTORY, OR BACKGROUND CHECK. SUCH15
PROCEDURES MAY INCLUDE THE SUBMISSION OF16
INFORMATION BY APPLICANTS FOR THE PURPOSE OF17
OBTAINING AN APPLICANT 'S BACKGROUND CHECK AS18
DEFINED HEREIN;19
6. P
ARTICIPATE IN THE DATA SYSTEM, INCLUDING THROUGH20
THE USE OF UNIQUE IDENTIFYING NUMBERS ;21
7. S
HARE INFORMATION RELATED TO ADVERSE ACTIONS WITH22
THE COMMISSION AND OTHER MEMBER STATES, BOTH23
THROUGH THE DATA SYSTEM AND OTHERWISE;24
8. N
OTIFY THE COMMISSION AND OTHER MEMBER STATES, IN25
COMPLIANCE WITH THE TERMS OF THE COMPACT AND26
R
ULES OF THE COMMISSION, OF THE EXISTENCE OF27
HB24-1111
-9- INVESTIGATIVE INFORMATION OR CURRENT SIGNIFICANT1
I
NVESTIGATIVE INFORMATION IN THE STATE'S POSSESSION2
REGARDING A LICENSEE PRACTICING IN THAT STATE;3
9. C
OMPLY WITH SUCH RULES AS MAY BE ENACTED BY THE4
C
OMMISSION TO ADMINISTER THE COMPACT; AND5
10. A
CCEPT LICENSEES FROM OTHER MEMBER STATES AS6
ESTABLISHED HEREIN.7
B. M
EMBER STATES MAY CHARGE A FEE FOR GRANTING A LICENSE TO8
PRACTICE COSMETOLOGY.9
C. I
NDIVIDUALS NOT RESIDING IN A MEMBER STATE MAY APPLY FOR10
A MEMBER STATE'S SINGLE-STATE LICENSE AS PROVIDED UNDER11
THE LAWS OF EACH MEMBER STATE. HOWEVER, THE12
S
INGLE-STATE LICENSE GRANTED TO THESE INDIVIDUALS SHALL13
NOT BE RECOGNIZED AS GRANTING A MULTISTATE LICENSE TO14
PROVIDE SERVICES IN ANY OTHER MEMBER STATE.15
D. N
OTHING IN THIS COMPACT AFFECTS THE REQUIREMENTS16
ESTABLISHED BY A MEMBER STATE FOR THE ISSUANCE OF A17
S
INGLE-STATE LICENSE.18
E. A
 MULTISTATE LICENSE ISSUED TO A LICENSEE BY A HOME STATE19
TO A RESIDENT OF THAT STATE SHALL BE RECOGNIZED BY EACH20
M
EMBER STATE AS AUTHORIZING A LICENSEE TO PRACTICE21
C
OSMETOLOGY IN EACH MEMBER STATE.22
F. A
T NO POINT SHALL THE COMMISSION HAVE THE POWER TO DEFINE23
THE EDUCATIONAL OR PROFESSIONAL REQUIREMENTS FOR A24
LICENSE TO PRACTICE COSMETOLOGY. THE MEMBER STATES25
SHALL RETAIN SOLE JURISDICTION OVER THE PROVISION OF THESE26
REQUIREMENTS.27
HB24-1111
-10- ARTICLE 4 - MULTISTATE LICENSE1
A. T
O BE ELIGIBLE TO APPLY TO THEIR HOME STATE'S STATE2
L
ICENSING AUTHORITY FOR AN INITIAL MULTISTATE LICENSE3
UNDER THIS COMPACT, A LICENSEE MUST HOLD AN ACTIVE AND4
UNENCUMBERED SINGLE-STATE LICENSE TO PRACTICE5
C
OSMETOLOGY IN THEIR HOME STATE.6
B. U
PON THE RECEIPT OF AN APPLICATION FOR A MULTISTATE7
L
ICENSE, ACCORDING TO THE RULES OF THE COMMISSION, A8
M
EMBER STATE'S STATE LICENSING AUTHORITY SHALL ASCERTAIN9
WHETHER THE APPLICANT MEETS THE REQUIREMENTS FOR A10
M
ULTISTATE LICENSE UNDER THIS COMPACT.11
C. I
F AN APPLICANT MEETS THE REQUIREMENTS FOR A MULTISTATE12
L
ICENSE UNDER THIS COMPACT AND ANY APPLICABLE RULES OF13
THE COMMISSION, THE STATE LICENSING AUTHORITY IN RECEIPT14
OF THE APPLICATION SHALL, WITHIN A REASONABLE TIME, GRANT15
A MULTISTATE LICENSE TO THAT APPLICANT, AND INFORM ALL16
M
EMBER STATES OF THE GRANT OF SAID MULTISTATE LICENSE.17
D. A
 MULTISTATE LICENSE TO PRACTICE COSMETOLOGY ISSUED BY18
A MEMBER STATE'S STATE LICENSING AUTHORITY SHALL BE19
RECOGNIZED BY EACH MEMBER STATE AS AUTHORIZING THE20
PRACTICE THEREOF AS THOUGH THAT LICENSEE HELD A21
S
INGLE-STATE LICENSE TO DO SO IN EACH MEMBER STATE,22
SUBJECT TO THE RESTRICTIONS HEREIN.23
E. A
 MULTISTATE LICENSE GRANTED PURSUANT TO THIS COMPACT24
MAY BE EFFECTIVE FOR A DEFINITE PERIOD OF TIME, CONCURRENT25
WITH THE LICENSURE RENEWAL PERIOD IN THE HOME STATE.26
F. T
O MAINTAIN A MULTISTATE LICENSE UNDER THIS COMPACT, A27
HB24-1111
-11- LICENSEE MUST:1
1. A
GREE TO ABIDE BY THE RULES OF THE STATE LICENSING2
A
UTHORITY, AND THE STATE SCOPE OF PRACTICE LAWS3
GOVERNING THE PRACTICE OF COSMETOLOGY, OF ANY4
M
EMBER STATE IN WHICH THE LICENSEE PROVIDES5
SERVICES;6
2. P
AY ALL REQUIRED FEES RELATED TO THE APPLICATION AND7
PROCESS, AND ANY OTHER FEES WHICH THE COMMISSION8
MAY BY RULE REQUIRE; AND9
3. C
OMPLY WITH ANY AND ALL OTHER REQUIREMENTS10
REGARDING MULTISTATE LICENSES WHICH THE11
C
OMMISSION MAY BY RULE PROVIDE.12
G. A
 LICENSEE PRACTICING IN A MEMBER STATE IS SUBJECT TO ALL13
SCOPE OF PRACTICE LAWS GOVERNING COSMETOLOGY SERVICES IN14
THAT STATE.15
H. T
HE PRACTICE OF COSMETOLOGY UNDER A MULTISTATE LICENSE16
GRANTED PURSUANT TO THIS COMPACT WILL SUBJECT THE17
L
ICENSEE TO THE JURISDICTION OF THE STATE LICENSING18
A
UTHORITY, THE COURTS, AND THE LAWS OF THE MEMBER STATE19
IN WHICH THE COSMETOLOGY SERVICES ARE PROVIDED.20
ARTICLE 5 - REISSUANCE OF A MULTISTATE LICENSE21
BY A NEW HOME STATE22
A. A
 LICENSEE MAY HOLD A MULTISTATE LICENSE, ISSUED BY THEIR23
H
OME STATE, IN ONLY ONE MEMBER STATE AT ANY GIVEN TIME.24
B. I
F A LICENSEE CHANGES THEIR HOME STATE BY MOVING BETWEEN25
TWO MEMBER STATES:26
1. T
HE LICENSEE SHALL IMMEDIATELY APPLY FOR THE27
HB24-1111
-12- REISSUANCE OF THEIR MULTISTATE LICENSE IN THEIR NEW1
H
OME STATE. THE LICENSEE SHALL PAY ALL APPLICABLE2
FEES AND NOTIFY THE PRIOR HOME STATE IN ACCORDANCE3
WITH THE RULES OF THE COMMISSION.4
2. U
PON RECEIPT OF AN APPLICATION TO REISSUE A5
M
ULTISTATE LICENSE, THE NEW HOME STATE SHALL6
VERIFY THAT THE MULTISTATE LICENSE IS ACTIVE,7
UNENCUMBERED, AND ELIGIBLE FOR REISSUANCE UNDER8
THE TERMS OF THE COMPACT AND THE RULES OF THE9
C
OMMISSION. THE MULTISTATE LICENSE ISSUED BY THE10
PRIOR HOME STATE WILL BE DEACTIVATED AND ALL11
M
EMBER STATES NOTIFIED IN ACCORDANCE WITH THE12
APPLICABLE RULES ADOPTED BY THE COMMISSION.13
3. I
F REQUIRED FOR INITIAL LICENSURE, THE NEW HOME STATE14
MAY REQUIRE A BACKGROUND CHECK AS SPECIFIED IN THE15
LAWS OF THAT STATE, OR THE COMPLIANCE WITH ANY16
J
URISPRUDENCE REQUIREMENTS OF THE NEW HOME STATE.17
4. N
OTWITHSTANDING ANY OTHER PROVISION OF THIS18
C
OMPACT, IF A LICENSEE DOES NOT MEET THE19
REQUIREMENTS SET FORTH IN THIS COMPACT FOR THE20
REISSUANCE OF A MULTISTATE LICENSE BY THE NEW HOME21
S
TATE, THEN THE LICENSEE IS SUBJECT TO THE NEW HOME22
S
TATE REQUIREMENTS FOR THE ISSUANCE OF A23
S
INGLE-STATE LICENSE IN THAT STATE.24
C. I
F A LICENSEE CHANGES THEIR PRIMARY STATE OF RESIDENCE BY25
MOVING FROM A MEMBER STATE TO A NON-MEMBER STATE, OR26
FROM A NON-MEMBER STATE TO A MEMBER STATE, THEN THE27
HB24-1111
-13- LICENSEE IS SUBJECT TO THE STATE REQUIREMENTS FOR THE1
ISSUANCE OF A SINGLE-STATE LICENSE IN THE NEW HOME STATE.2
D. N
OTHING IN THIS COMPACT INTERFERES WITH A LICENSEE'S3
ABILITY TO HOLD A SINGLE-STATE LICENSE IN MULTIPLE STATES;4
HOWEVER, FOR THE PURPOSES OF THIS COMPACT, A LICENSEE5
SHALL HAVE ONLY ONE HOME STATE, AND ONLY ONE MULTISTATE6
L
ICENSE.7
E. N
OTHING IN THIS COMPACT INTERFERES WITH THE REQUIREMENTS8
ESTABLISHED BY A MEMBER STATE FOR THE ISSUANCE OF A9
S
INGLE-STATE LICENSE.10
ARTICLE 6 - AUTHORITY OF THE COMPACT11
COMMISSION AND MEMBER12
STATE LICENSING AUTHORITIES13
A. N
OTHING IN THIS COMPACT, NOR ANY RULE OR REGULATION OF14
THE COMMISSION, SHALL BE CONSTRUED TO LIMIT, RESTRICT, OR IN15
ANY WAY REDUCE THE ABILITY OF A MEMBER STATE TO ENACT16
AND ENFORCE LAWS, REGULATIONS, OR OTHER RULES RELATED TO17
THE PRACTICE OF COSMETOLOGY IN THAT STATE, WHERE LAWS,18
REGULATIONS, OR OTHER RULES ARE NOT INCONSISTENT WITH THE19
PROVISIONS OF THIS COMPACT.20
B. I
NSOFAR AS PRACTICAL, A MEMBER STATE'S STATE LICENSING21
A
UTHORITY SHALL COOPERATE WITH THE COMMISSION AND WITH22
EACH ENTITY EXERCISING INDEPENDENT REGULATORY AUTHORITY23
OVER THE PRACTICE OF COSMETOLOGY ACCORDING TO THE24
PROVISIONS OF THIS COMPACT.25
C. D
ISCIPLINE SHALL BE THE SOLE RESPONSIBILITY OF THE STATE IN26
WHICH COSMETOLOGY SERVICES ARE PROVIDED. ACCORDINGLY,27
HB24-1111
-14- EACH MEMBER STATE'S STATE LICENSING AUTHORITY SHALL BE1
RESPONSIBLE FOR RECEIVING COMPLAINTS ABOUT INDIVIDUALS2
PRACTICING COSMETOLOGY IN THAT STATE, AND FOR3
COMMUNICATING ALL RELEVANT INVESTIGATIVE INFORMATION4
ABOUT ANY SUCH ADVERSE ACTION TO THE OTHER MEMBER5
S
TATES THROUGH THE DATA SYSTEM IN ADDITION TO ANY OTHER6
METHODS THE COMMISSION MAY BY RULE REQUIRE.7
ARTICLE 7 - ADVERSE ACTIONS8
A. A
 LICENSEE'S HOME STATE SHALL HAVE EXCLUSIVE POWER TO9
IMPOSE AN ADVERSE ACTION AGAINST A LICENSEE'S MULTISTATE10
L
ICENSE ISSUED BY THE HOME STATE.11
B. A
 HOME STATE MAY TAKE ADVERSE ACTION ON A MULTISTATE12
L
ICENSE BASED ON THE INVESTIGATIVE INFORMATION, CURRENT13
S
IGNIFICANT INVESTIGATIVE INFORMATION, OR ADVERSE ACTION14
OF A REMOTE STATE.15
C. I
N ADDITION TO THE POWERS CONFERRED BY STATE LAW, EACH16
R
EMOTE STATE'S STATE LICENSING AUTHORITY SHALL HAVE THE17
POWER TO:18
1. T
AKE ADVERSE ACTION AGAINST A LICENSEE'S19
A
UTHORIZATION TO PRACTICE COSMETOLOGY THROUGH20
THE MULTISTATE LICENSE IN THAT MEMBER STATE,21
PROVIDED THAT:22
a. O
NLY THE LICENSEE'S HOME STATE SHALL HAVE23
THE POWER TO TAKE ADVERSE ACTION AGAINST THE24
M
ULTISTATE LICENSE ISSUED BY THE HOME STATE;25
AND26
b. F
OR THE PURPOSES OF TAKING ADVERSE ACTION,27
HB24-1111
-15- THE HOME STATE'S STATE LICENSING AUTHORITY1
SHALL GIVE THE SAME PRIORITY AND EFFECT TO2
REPORTED CONDUCT RECEIVED FROM A REMOTE3
S
TATE AS IT WOULD IF SUCH CONDUCT HAD4
OCCURRED WITHIN THE HOME STATE. IN SO DOING,5
THE HOME STATE SHALL APPLY ITS OWN STATE6
LAWS TO DETERMINE THE APPROPRIATE ACTION .7
2. I
SSUE CEASE AND DESIST ORDERS OR IMPOSE AN8
E
NCUMBRANCE ON A LICENSEE'S AUTHORIZATION TO9
P
RACTICE WITHIN THAT MEMBER STATE.10
3. C
OMPLETE ANY PENDING INVESTIGATIONS OF A LICENSEE11
WHO CHANGES THEIR PRIMARY STATE OF RESIDENCE12
DURING THE COURSE OF SUCH AN INVESTIGATION . THE13
S
TATE LICENSING AUTHORITY SHALL ALSO BE EMPOWERED14
TO REPORT THE RESULTS OF SUCH AN INVESTIGATION TO15
THE COMMISSION THROUGH THE DATA SYSTEM AS16
DESCRIBED HEREIN.17
4. I
SSUE SUBPOENAS FOR BOTH HEARINGS AND18
INVESTIGATIONS THAT REQUIRE THE ATTENDANCE AND19
TESTIMONY OF WITNESSES, AS WELL AS THE PRODUCTION OF20
EVIDENCE. SUBPOENAS ISSUED BY A STATE LICENSING21
A
UTHORITY IN A MEMBER STATE FOR THE ATTENDANCE22
AND TESTIMONY OF WITNESSES OR THE PRODUCTION OF23
EVIDENCE FROM ANOTHER MEMBER STATE SHALL BE24
ENFORCED IN THE LATTER STATE BY ANY COURT OF25
COMPETENT JURISDICTION, ACCORDING TO THE PRACTICE26
AND PROCEDURE OF THAT COURT APPLICABLE TO27
HB24-1111
-16- SUBPOENAS ISSUED IN PROCEEDINGS BEFORE IT . THE1
ISSUING STATE LICENSING AUTHORITY SHALL PAY ANY2
WITNESS FEES, TRAVEL EXPENSES, MILEAGE, AND OTHER3
FEES REQUIRED BY THE SERVICE STATUTES OF THE STATE IN4
WHICH THE WITNESSES OR EVIDENCE ARE LOCATED .5
5. I
F OTHERWISE PERMITTED BY STATE LAW, RECOVER FROM6
THE AFFECTED LICENSEE THE COSTS OF INVESTIGATIONS7
AND DISPOSITION OF CASES RESULTING FROM ANY ADVERSE8
A
CTION TAKEN AGAINST THAT LICENSEE.9
6. T
AKE ADVERSE ACTION AGAINST THE LICENSEE'S10
A
UTHORIZATION TO PRACTICE IN THAT STATE BASED ON11
THE FACTUAL FINDINGS OF ANOTHER REMOTE STATE.12
D. A
 LICENSEE'S HOME STATE SHALL COMPLETE ANY PENDING13
INVESTIGATION(S) OF A COSMETOLOGIST WHO CHANGES THEIR14
PRIMARY STATE OF RESIDENCE DURING THE COURSE OF THE15
INVESTIGATION(S). THE HOME STATE SHALL ALSO HAVE THE16
AUTHORITY TO TAKE APPROPRIATE ACTION (S) AND SHALL17
PROMPTLY REPORT THE CONCLUSIONS OF THE INVESTIGATIONS TO18
THE DATA SYSTEM.19
E. I
F AN ADVERSE ACTION IS TAKEN BY THE HOME STATE AGAINST A20
L
ICENSEE'S MULTISTATE LICENSE, THE LICENSEE'S21
A
UTHORIZATION TO PRACTICE IN ALL OTHER MEMBER STATES22
SHALL BE DEACTIVATED UNTIL ALL ENCUMBRANCES HAVE BEEN23
REMOVED FROM THE HOME STATE LICENSE. ALL HOME STATE24
DISCIPLINARY ORDERS THAT IMPOSE AN ADVERSE ACTION AGAINST25
A LICENSEE'S MULTISTATE LICENSE SHALL INCLUDE A STATEMENT26
THAT THE COSMETOLOGIST'S AUTHORIZATION TO PRACTICE IS27
HB24-1111
-17- DEACTIVATED IN ALL MEMBER STATES DURING THE PENDENCY OF1
THE ORDER.2
F. N
OTHING IN THIS COMPACT OVERRIDES A MEMBER STATE'S3
AUTHORITY TO ACCEPT A LICENSEE'S PARTICIPATION IN AN4
A
LTERNATIVE PROGRAM IN LIEU OF ADVERSE ACTION. A5
L
ICENSEE'S MULTISTATE LICENSE SHALL BE SUSPENDED FOR THE6
DURATION OF THE LICENSEE'S PARTICIPATION IN ANY7
A
LTERNATIVE PROGRAM.8
G. J
OINT INVESTIGATIONS9
1. I
N ADDITION TO THE AUTHORITY GRANTED TO A MEMBER10
S
TATE BY ITS RESPECTIVE SCOPE OF PRACTICE LAWS OR11
OTHER APPLICABLE STATE LAW, A MEMBER STATE MAY12
PARTICIPATE WITH OTHER MEMBER STATES IN JOINT13
INVESTIGATIONS OF LICENSEES.14
2. M
EMBER STATES SHALL SHARE ANY INVESTIGATIVE ,15
LITIGATION, OR COMPLIANCE MATERIALS IN FURTHERANCE16
OF ANY JOINT OR INDIVIDUAL INVESTIGATION INITIATED17
UNDER THE COMPACT.18
ARTICLE 8 - ACTIVE MILITARY MEMBERS19
AND THEIR SPOUSES20
A
CTIVE MILITARY MEMBERS OR THEIR SPOUSES SHALL DESIGNATE A21
H
OME STATE WHERE THE INDIVIDUAL HAS A CURRENT LICENSE TO22
PRACTICE COSMETOLOGY IN GOOD STANDING . THE INDIVIDUAL MAY23
RETAIN THEIR HOME STATE DESIGNATION DURING ANY PERIOD OF SERVICE24
WHEN THAT INDIVIDUAL OR THEIR SPOUSE IS ON ACTIVE DUTY25
ASSIGNMENT.26
ARTICLE 9 - ESTABLISHMENT AND OPERATION OF THE27
HB24-1111
-18- COSMETOLOGY LICENSURE COMPACT COMMISSION1
A. T
HE COMPACT MEMBER STATES HEREBY CREATE AND ESTABLISH2
A JOINT GOVERNMENT AGENCY , THE MEMBERSHIP OF WHICH3
CONSISTS OF ALL MEMBER STATES THAT HAVE ENACTED THE4
C
OMPACT, KNOWN AS THE COSMETOLOGY LICENSURE COMPACT5
C
OMMISSION. THE COMMISSION IS AN INSTRUMENTALITY OF THE6
C
OMPACT MEMBER STATES ACTING JOINTLY AND NOT AN7
INSTRUMENTALITY OF ANY ONE STATE. THE COMMISSION SHALL8
COME INTO EXISTENCE ON OR AFTER THE EFFECTIVE DATE OF THE9
C
OMPACT AS SET FORTH IN ARTICLE 13.10
B. M
EMBERSHIP, VOTING, AND MEETINGS11
1. E
ACH MEMBER STATE SHALL HAVE AND BE LIMITED TO ONE12
(1)
 DELEGATE SELECTED BY THAT MEMBER STATE'S STATE13
L
ICENSING AUTHORITY.14
2. T
HE DELEGATE SHALL BE AN ADMINISTRATOR OF THE STATE15
L
ICENSING AUTHORITY OF THE MEMBER STATE OR THEIR16
DESIGNEE.17
3. T
HE COMMISSION SHALL BY RULE OR BYLAW ESTABLISH A18
TERM OF OFFICE FOR DELEGATES AND MAY BY RULE OR19
BYLAW ESTABLISH TERM LIMITS.20
4. T
HE COMMISSION MAY RECOMMEND REMOVAL OR21
SUSPENSION OF ANY DELEGATE FROM OFFICE .22
5. A
 MEMBER STATE'S STATE LICENSING AUTHORITY SHALL23
FILL ANY VACANCY OF ITS DELEGATE OCCURRING ON THE24
C
OMMISSION WITHIN 60 DAYS OF THE VACANCY.25
6. E
ACH DELEGATE SHALL BE ENTITLED TO ONE VOTE ON ALL26
MATTERS THAT ARE VOTED ON BY THE COMMISSION.27
HB24-1111
-19- 7. THE COMMISSION SHALL MEET AT LEAST ONCE DURING1
EACH CALENDAR YEAR . ADDITIONAL MEETINGS MAY BE2
HELD AS SET FORTH IN THE BYLAWS. THE COMMISSION MAY3
MEET BY TELECOMMUNICATION , VIDEO CONFERENCE, OR4
OTHER SIMILAR ELECTRONIC MEANS .5
C. T
HE COMMISSION SHALL HAVE THE FOLLOWING POWERS :6
1. E
STABLISH THE FISCAL YEAR OF THE COMMISSION;7
2. E
STABLISH CODE OF CONDUCT AND CONFLICT OF INTEREST8
POLICIES;9
3. A
DOPT RULES AND BYLAWS;10
4. M
AINTAIN ITS FINANCIAL RECORDS IN ACCORDANCE WITH11
THE BYLAWS;12
5. M
EET AND TAKE SUCH ACTIONS AS ARE CONSISTENT WITH13
THE PROVISIONS OF THIS COMPACT, THE COMMISSION'S14
R
ULES, AND THE BYLAWS;15
6. I
NITIATE AND CONCLUDE LEGAL PROCEEDINGS OR ACTIONS16
IN THE NAME OF THE COMMISSION, PROVIDED THAT THE17
STANDING OF ANY STATE LICENSING AUTHORITY TO SUE OR18
BE SUED UNDER APPLICABLE LAW IS NOT AFFECTED ;19
7. M
AINTAIN AND CERTIFY RECORDS AND INFORMATION20
PROVIDED TO A MEMBER STATE AS THE AUTHENTICATED21
BUSINESS RECORDS OF THE COMMISSION AND DESIGNATE22
AN AGENT TO DO SO ON THE COMMISSION'S BEHALF;23
8. P
URCHASE AND MAINTAIN INSURANCE AND BONDS ;24
9. B
ORROW, ACCEPT, OR CONTRACT FOR SERVICES OF25
PERSONNEL, INCLUDING, BUT NOT LIMITED TO, EMPLOYEES26
OF A MEMBER STATE;27
HB24-1111
-20- 10. CONDUCT AN ANNUAL FINANCIAL REVIEW ;1
11. H
IRE EMPLOYEES, ELECT OR APPOINT OFFICERS , FIX2
COMPENSATION, DEFINE DUTIES, GRANT SUCH INDIVIDUALS3
APPROPRIATE AUTHORITY TO CARRY OUT THE PURPOSES OF4
THE COMPACT, AND ESTABLISH THE COMMISSION'S5
PERSONNEL POLICIES AND PROGRAMS RELATING TO6
CONFLICTS OF INTEREST, QUALIFICATIONS OF PERSONNEL,7
AND OTHER RELATED PERSONNEL MATTERS ;8
12. A
S SET FORTH IN THE COMMISSION RULES, CHARGE A FEE9
TO A LICENSEE FOR THE GRANT OF A MULTISTATE LICENSE10
AND THEREAFTER , AS MAY BE ESTABLISHED BY11
C
OMMISSION RULE, CHARGE THE LICENSEE A MULTISTATE12
L
ICENSE RENEWAL FEE FOR EACH RENEWAL PERIOD .13
N
OTHING HEREIN SHALL BE CONSTRUED TO PREVENT A14
H
OME STATE FROM CHARGING A LICENSEE A FEE FOR A15
M
ULTISTATE LICENSE OR RENEWALS OF A MULTISTATE16
L
ICENSE, OR A FEE FOR THE JURISPRUDENCE REQUIREMENT17
IF THE MEMBER STATE IMPOSES SUCH A REQUIREMENT FOR18
THE GRANT OF A MULTISTATE LICENSE.19
13. A
SSESS AND COLLECT FEES;20
14. A
CCEPT ANY AND ALL APPROPRIATE GIFTS , DONATIONS,21
GRANTS OF MONEY , OTHER SOURCES OF REVENUE ,22
EQUIPMENT, SUPPLIES, MATERIALS, AND SERVICES AND23
RECEIVE, UTILIZE, AND DISPOSE OF THE SAME; PROVIDED24
THAT AT ALL TIMES THE COMMISSION SHALL AVOID ANY25
APPEARANCE OF IMPROPRIETY OR CONFLICT OF INTEREST ;26
15. L
EASE, PURCHASE, RETAIN, OWN, HOLD, IMPROVE, OR USE27
HB24-1111
-21- ANY PROPERTY, REAL, PERSONAL, OR MIXED, OR ANY1
UNDIVIDED INTEREST THEREIN;2
16. S
ELL, CONVEY, MORTGAGE, PLEDGE, LEASE, EXCHANGE,3
ABANDON, OR OTHERWISE DISPOSE OF ANY PROPERTY, REAL,4
PERSONAL, OR MIXED;5
17. E
STABLISH A BUDGET AND MAKE EXPENDITURES ;6
18. B
ORROW MONEY;7
19. A
PPOINT COMMITTEES, INCLUDING STANDING COMMITTEES,8
COMPOSED OF MEMBERS , STATE REGULATORS, STATE9
LEGISLATORS OR THEIR REPRESENTATIVES , CONSUMER10
REPRESENTATIVES, AND SUCH OTHER INTERESTED PERSONS11
AS MAY BE DESIGNATED IN THIS COMPACT AND THE12
BYLAWS;13
20. P
ROVIDE AND RECEIVE INFORMATION FROM , AND14
COOPERATE WITH, LAW ENFORCEMENT AGENCIES ;15
21. E
LECT A CHAIR, VICE CHAIR, SECRETARY, TREASURER,16
AND SUCH OTHER OFFICERS OF THE COMMISSION AS17
PROVIDED IN THE COMMISSION'S BYLAWS;18
22. E
STABLISH AND ELECT AN EXECUTIVE COMMITTEE,19
INCLUDING A CHAIR AND A VICE CHAIR;20
23. A
DOPT AND PROVIDE TO THE MEMBER STATES AN ANNUAL21
REPORT;22
24. D
ETERMINE WHETHER A STATE'S ADOPTED LANGUAGE IS23
MATERIALLY DIFFERENT FROM THE MODEL COMPACT24
LANGUAGE SUCH THAT THE STATE WOULD NOT QUALIFY25
FOR PARTICIPATION IN THE COMPACT; AND26
25. P
ERFORM SUCH OTHER FUNCTIONS AS MAY BE NECESSARY27
HB24-1111
-22- OR APPROPRIATE TO ACHIEVE THE PURPOSES OF THIS1
C
OMPACT.2
D. T
HE EXECUTIVE COMMITTEE3
1. T
HE EXECUTIVE COMMITTEE SHALL HAVE THE POWER TO4
ACT ON BEHALF OF THE COMMISSION ACCORDING TO THE5
TERMS OF THIS COMPACT. THE POWERS, DUTIES, AND6
RESPONSIBILITIES OF THE EXECUTIVE COMMITTEE SHALL7
INCLUDE:8
a. O
VERSEEING THE DAY-TO-DAY ACTIVITIES OF THE9
ADMINISTRATION OF THE COMPACT INCLUDING10
COMPLIANCE WITH THE PROVISIONS OF THE11
C
OMPACT, THE COMMISSION'S RULES AND BYLAWS,12
AND OTHER SUCH DUTIES AS DEEMED NECESSARY ; 13
b. R
ECOMMENDING TO THE COMMISSION CHANGES TO14
THE RULES OR BYLAWS, CHANGES TO THIS COMPACT15
LEGISLATION, FEES CHARGED TO COMPACT MEMBER16
S
TATES, FEES CHARGED TO LICENSEES, AND OTHER17
FEES;18
c. E
NSURING COMPACT ADMINISTRATION SERVICES19
ARE APPROPRIATELY PROVIDED , INCLUDING BY20
CONTRACT;21
d. P
REPARING AND RECOMMENDING THE BUDGET ;22
e. M
AINTAINING FINANCIAL RECORDS ON BEHALF OF23
THE COMMISSION;24
f. M
ONITORING COMPACT COMPLIANCE OF MEMBER25
S
TATES AND PROVIDING COMPLIANCE REPORTS TO26
THE COMMISSION;27
HB24-1111
-23- g. ESTABLISHING ADDITI ONAL COMMI TTEES AS1
NECESSARY;2
h. E
XERCISING THE POWERS AND DUTIES OF THE3
C
OMMISSION DURING THE INTERIM BETWEEN4
C
OMMISSION MEETINGS, EXCEPT FOR ADOPTING OR5
AMENDING RULES, ADOPTING OR AMENDING6
BYLAWS, AND EXERCISING ANY OTHER POWERS AND7
DUTIES EXPRESSLY RESERVED TO THE COMMISSION8
BY RULE OR BYLAW; AND9
i. O
THER DUTIES AS PROVIDED IN THE RULES OR10
BYLAWS OF THE COMMISSION.11
2. T
HE EXECUTIVE COMMITTEE SHALL BE COMPOSED OF UP TO12
SEVEN VOTING MEMBERS:13
a. T
HE CHAIR AND VICE CHAIR OF THE COMMISSION14
AND ANY OTHER MEMBERS OF THE COMMISSION15
WHO SERVE ON THE EXECUTIVE COMMITTEE SHALL16
BE VOTING MEMBERS OF THE EXECUTIVE17
C
OMMITTEE; AND18
b. O
THER THAN THE CHAIR, VICE CHAIR, SECRETARY,19
AND TREASURER, THE COMMISSION SHALL ELECT20
THREE VOTING MEMBERS FROM THE CURRENT21
MEMBERSHIP OF THE COMMISSION.22
c. T
HE COMMISSION MAY ELECT EX OFFICIO ,23
NONVOTING MEMBERS FROM A REC OGNIZED24
NATIONAL COSMETOLOGY PROFESSI ONAL25
ASSOCIATION AS APPROVED BY THE COMMISSION.26
T
HE COMMISSION'S BYLAWS SHALL IDENTIFY27
HB24-1111
-24- QUALIFYING ORGANIZATIONS AND THE MANNER OF1
APPOINTMENT IF THE NUMBER OF ORGANIZATIONS2
SEEKING TO APPOINT AN EX OFFICIO MEMBER3
EXCEEDS THE NUMBER OF MEMBERS SPECIFIED IN4
THIS ARTICLE.5
3. T
HE COMMISSION MAY REMOVE ANY MEMBER OF THE6
E
XECUTIVE COMMITTEE AS PROVIDED IN THE COMMISSION'S7
BYLAWS.8
4. T
HE EXECUTIVE COMMITTEE SHALL MEET AT LEAST9
ANNUALLY.10
a. A
NNUAL EXECUTIVE COMMITTEE MEETINGS, AS11
WELL AS ANY EXECUTIVE COMMITTEE MEETING AT12
WHICH IT DOES NOT TAKE OR INTEND TO TAKE13
FORMAL ACTION ON A MATTER FOR WHICH A14
C
OMMISSION VOTE WOULD OTHERWISE BE15
REQUIRED, SHALL BE OPEN TO THE PUBLIC, EXCEPT16
THAT THE EXECUTIVE COMMITTEE MAY MEET IN A17
CLOSED, NON-PUBLIC SESSION OF A PUBLIC MEETING18
WHEN DEALING WITH ANY OF THE MATTERS19
COVERED UNDER ARTICLE 9.F.4.20
b. T
HE EXECUTIVE COMMITTEE SHALL GIVE FIVE21
BUSINESS DAYS' ADVANCE NOTICE OF ITS PUBLIC22
MEETINGS, POSTED ON ITS WEBSITE AND AS23
DETERMINED BY THE EXECUTIVE COMMITTEE, TO24
PROVIDE NOTICE TO PERSONS WITH AN INTEREST IN25
THE PUBLIC MATTERS THE EXECUTIVE COMMITTEE26
INTENDS TO ADDRESS AT THOSE MEETINGS .27
HB24-1111
-25- 5. THE EXECUTIVE COMMITTEE MAY HOLD AN EMERGENCY1
MEETING WHEN ACTING FOR THE COMMISSION TO:2
a. M
EET AN IMMINENT THREAT TO PUBLIC HEALTH ,3
SAFETY, OR WELFARE;4
b. P
REVENT A LOSS OF COMMISSION OR MEMBER5
S
TATE FUNDS; OR6
c. P
ROTECT PUBLIC HEALTH AND SAFETY .7
E. T
HE COMMISSION SHALL ADOPT AND PROVIDE TO THE MEMBER8
S
TATES AN ANNUAL REPORT.9
F. M
EETINGS OF THE COMMISSION10
1. A
LL MEETINGS OF THE COMMISSION THAT ARE NOT CLOSED11
PURSUANT TO ARTICLE 9.F.4 SHALL BE OPEN TO THE12
PUBLIC. NOTICE OF PUBLIC MEETINGS SHALL BE POSTED ON13
THE COMMISSION'S WEBSITE AT LEAST THIRTY (30) DAYS14
PRIOR TO THE PUBLIC MEETING.15
2. N
OTWITHSTANDING ARTICLE 9.F.1, THE COMMISSION MAY16
CONVENE AN EMERGENCY PUBLIC MEETING BY PROVIDING17
AT LEAST TWENTY-FOUR (24) HOURS' PRIOR NOTICE ON THE18
C
OMMISSION'S WEBSITE, AND ANY OTHER MEANS AS19
PROVIDED IN THE COMMISSION'S RULES, FOR ANY OF THE20
REASONS IT MAY DISPENSE WITH NOTICE OF PROPOSED21
RULEMAKING UNDER ARTICLE 11.L. THE COMMISSION'S22
LEGAL COUNSEL SHALL CERTIFY THAT ONE OF THE REASONS23
JUSTIFYING AN EMERGENCY PUBLIC MEETING HAS BEEN24
MET.25
3. N
OTICE OF ALL COMMISSION MEETINGS SHALL PROVIDE THE26
TIME, DATE, AND LOCATION OF THE MEETING , AND IF THE27
HB24-1111
-26- MEETING IS TO BE HELD OR ACCESSIBLE VIA1
TELECOMMUNICATION , VIDEO CONFERENCE , OR OTHER2
ELECTRONIC MEANS, THE NOTICE SHALL INCLUDE THE3
MECHANISM FOR ACCESS TO THE MEETING .4
4. T
HE COMMISSION MAY CONVENE IN A CLOSED , NON-PUBLIC5
MEETING FOR THE COMMISSION TO DISCUSS:6
a. N
ON-COMPLIANCE OF A MEMBER STATE WITH ITS7
OBLIGATIONS UNDER THE COMPACT;8
b. T
HE EMPLOYMENT, COMPENSATION, DISCIPLINE, OR9
OTHER MATTERS, PRACTICES, OR PROCEDURES10
RELATED TO SPECIFIC EMPLOYEES OR OTHER11
MATTERS RELATED TO THE COMMISSION'S INTERNAL12
PERSONNEL PRACTICES OR PROCEDURES ;13
c. C
URRENT OR THREATENED DISCIPLINE OF A14
L
ICENSEE BY THE COMMISSION OR BY A MEMBER15
S
TATE'S LICENSING AUTHORITY;16
d. C
URRENT, THREATENED , OR REASONABLY17
ANTICIPATED LITIGATION;18
e. N
EGOTIATION OF CONTRACTS FOR THE PURCHASE ,19
LEASE, OR SALE OF GOODS, SERVICES, OR REAL20
ESTATE;21
f. A
CCUSING ANY PERSON OF A CRIME OR FORMALLY22
CENSURING ANY PERSON;23
g. T
RADE SECRETS OR COMMERCIAL OR FINANCIAL24
INFORMATION THAT IS PRIVILEGED OR25
CONFIDENTIAL;26
h. I
NFORMATION OF A PERSONAL NATURE WHERE27
HB24-1111
-27- DISCLOSURE WOULD CONSTITUTE A CLEARLY1
UNWARRANTED INVASION OF PERSONAL PRIVACY ;2
i. I
NVESTIGATIVE RECORDS COMPILED FOR LAW3
ENFORCEMENT PURPOSES ;4
j. I
NFORMATION RELATED TO ANY INVESTIGATIVE5
REPORTS PREPARED BY OR ON BEHALF OF OR FOR USE6
OF THE COMMISSION OR OTHER COMMITTEE7
CHARGED WITH RESPONSIBILITY OF INVESTIGATION8
OR DETERMINATION OF COMPLIANCE ISSUES9
PURSUANT TO THE COMPACT;10
k. L
EGAL ADVICE;11
l. M
ATTERS SPECIFICALLY EXEMPTED FROM12
DISCLOSURE TO THE PUBLIC BY FEDERAL OR13
M
EMBER STATE LAW; OR14
m. O
THER MATTERS AS PROMULGATED BY THE15
C
OMMISSION BY RULE.16
5. I
F A MEETING, OR PORTION OF A MEETING, IS CLOSED, THE17
PRESIDING OFFICER SHALL STATE THAT THE MEETING WILL18
BE CLOSED AND REFERENCE EACH RELEVANT EXEMPTING19
PROVISION, AND SUCH REFERENCE SHALL BE RECORDED IN20
THE MINUTES.21
6. T
HE COMMISSION SHALL KEEP MINUTES THAT FULLY AND22
CLEARLY DESCRIBE ALL MATTERS DISCUSSED IN A MEETING23
AND SHALL PROVIDE A FULL AND ACCURATE SUMMARY OF24
ACTIONS TAKEN AND THE REASONS THEREFORE , INCLUDING25
A DESCRIPTION OF THE VIEWS EXPRESSED. ALL DOCUMENTS26
CONSIDERED IN CONNECTION WITH AN ACTION SHALL BE27
HB24-1111
-28- IDENTIFIED IN SUCH MINUTES . ALL MINUTES AND1
DOCUMENTS OF A CLOSED MEETING SHALL REMAIN UNDER2
SEAL, SUBJECT TO RELEASE ONLY BY A MAJORITY VOTE OF3
THE COMMISSION OR ORDER OF A COURT OF COMPETENT4
JURISDICTION.5
G. F
INANCING OF THE COMMISSION6
1. T
HE COMMISSION SHALL PAY , OR PROVIDE FOR THE7
PAYMENT OF, THE REASONABLE EXPENSES OF ITS8
ESTABLISHMENT, ORGANIZATION, AND ONGOING ACTIVITIES.9
2. T
HE COMMISSION MAY ACCEPT ANY AND ALL APPROPRIATE10
SOURCES OF REVENUE , DONATIONS, AND GRANTS OF11
MONEY, EQUIPMENT, SUPPLIES, MATERIALS, AND SERVICES.12
3. T
HE COMMISSION MAY LEVY ON AND COLLECT AN ANNUAL13
ASSESSMENT FROM EACH MEMBER STATE AND IMPOSE FEES14
ON LICENSEES OF MEMBER STATES TO WHOM IT GRANTS A15
M
ULTISTATE LICENSE TO COVER THE COST OF THE16
OPERATIONS AND ACTIVITIES OF THE COMMISSION AND ITS17
STAFF, WHICH MUST BE IN A TOTAL AMOUNT SUFFICIENT TO18
COVER ITS ANNUAL BUDGET AS APPROVED EACH YEAR FOR19
WHICH REVENUE IS NOT PROVIDED BY OTHER SOURCES . THE20
AGGREGATE ANNUAL ASSESSMENT AMOUNT FOR MEMBER21
S
TATES SHALL BE ALLOCATED BASED UPON A FORMULA22
THAT THE COMMISSION SHALL PROMULGATE BY RULE.23
4. T
HE COMMISSION SHALL NOT INCUR OBLIGATIONS OF ANY24
KIND PRIOR TO SECURING THE FUNDS ADEQUATE TO MEET25
THE SAME; NOR SHALL THE COMMISSION PLEDGE THE26
CREDIT OF ANY MEMBER STATES, EXCEPT BY AND WITH THE27
HB24-1111
-29- AUTHORITY OF THE MEMBER STATE.1
5. T
HE COMMISSION SHALL KEEP ACCURATE ACCOUNTS OF ALL2
RECEIPTS AND DISBURSEMENTS . THE RECEIPTS AND3
DISBURSEMENTS OF THE COMMISSION SHALL BE SUBJECT TO4
THE FINANCIAL REVIEW AND ACCOUNTING PROCEDURES5
ESTABLISHED UNDER ITS BYLAWS . ALL RECEIPTS AND6
DISBURSEMENTS OF FUNDS HANDLED BY THE COMMISSION7
SHALL BE SUBJECT TO AN ANNUAL FINANCIAL REVIEW BY A8
CERTIFIED OR LICENSED PUBLIC ACCOUNTANT , AND THE9
REPORT OF THE FINANCIAL REVIEW SHALL BE INCLUDED IN10
AND BECOME PART OF THE ANNUAL REPORT OF THE11
C
OMMISSION.12
H. Q
UALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION13
1. T
HE MEMBERS , OFFICERS, EXECUTIVE DIRECTOR ,14
EMPLOYEES, AND REPRESENTATIVES OF THE COMMISSION15
ARE IMMUNE FROM SUIT AND LIABILITY, BOTH PERSONALLY16
AND IN THEIR OFFICIAL CAPACITY, FOR ANY CLAIM FOR17
DAMAGE TO OR LOSS OF PROPERTY OR PERSONAL INJURY OR18
OTHER CIVIL LIABILITY CAUSED BY OR ARISING OUT OF ANY19
ACTUAL OR ALLEGED ACT , ERROR, OR OMISSION THAT20
OCCURRED, OR THAT THE PERSON AGAINST WHOM THE21
CLAIM IS MADE HAD A REASONABLE BASIS FOR BELIEVING22
OCCURRED WITHIN THE SCOPE OF COMMISSION23
EMPLOYMENT, DUTIES, OR RESPONSIBILITIES; PROVIDED24
THAT NOTHING IN THIS PARAGRAPH H.1. SHALL BE25
CONSTRUED TO PROTECT ANY SUCH PERSON FROM SUIT OR26
LIABILITY FOR ANY DAMAGE, LOSS, INJURY, OR LIABILITY27
HB24-1111
-30- CAUSED BY THE INTENTIONAL OR WILLFUL OR WANTON1
MISCONDUCT OF THAT PERSON . THE PROCUREMENT OF2
INSURANCE OF ANY TYPE BY THE COMMISSION DOES NOT IN3
ANY WAY COMPROMISE OR LIMIT THE IMMUNITY GRANTED4
HEREUNDER.5
2. T
HE COMMISSION SHALL DEFEND ANY MEMBER , OFFICER,6
EXECUTIVE DIRECTOR, EMPLOYEE, AND REPRESENTATIVE OF7
THE COMMISSION IN ANY CIVIL ACTION SEEKING TO IMPOSE8
LIABILITY ARISING OUT OF ANY ACTUAL OR ALLEGED ACT ,9
ERROR, OR OMISSION THAT OCCURRED WITHIN THE SCOPE OF10
C
OMMISSION EMPLOYMENT , DUTIES, OR RESPONSIBILITIES,11
OR AS DETERMINED BY THE COMMISSION THAT THE PERSON12
AGAINST WHOM THE CLAIM IS MADE HAD A REASONABLE13
BASIS FOR BELIEVING OCCURRED WITHIN THE SCOPE OF14
C
OMMISSION EMPLOYMENT , DUTIES, OR RESPONSIBILITIES;15
PROVIDED THAT NOTHING HEREIN SHALL BE CONSTRUED TO16
PROHIBIT THAT PERSON FROM RETAINING THEIR OWN17
COUNSEL AT THEIR OWN EXPENSE; AND PROVIDED FURTHER,18
THAT THE ACTUAL OR ALLEGED ACT , ERROR, OR OMISSION19
DID NOT RESULT FROM THAT PERSON 'S INTENTIONAL OR20
WILLFUL OR WANTON MISCONDUCT .21
3. T
HE COMMISSION SHALL INDEMNIFY AND HOLD HARMLESS22
ANY MEMBER, OFFICER, EXECUTIVE DIRECTOR, EMPLOYEE,23
AND REPRESENTATIVE OF THE COMMISSION FOR THE24
AMOUNT OF ANY SETTLEMENT OR JUDGMENT OBTAINED25
AGAINST THAT PERSON ARISING OUT OF ANY ACTUAL OR26
ALLEGED ACT, ERROR, OR OMISSION THAT OCCURRED27
HB24-1111
-31- WITHIN THE SCOPE OF COMMISSION EMPLOYMENT , DUTIES,1
OR RESPONSIBILITIES, OR THAT SUCH PERSON HAD A2
REASONABLE BASIS FOR BELIEVING OCCURRED WITHIN THE3
SCOPE OF COMMISSION EMPLOYMENT , DUTIES, OR4
RESPONSIBILITIES, PROVIDED THAT THE ACTUAL OR5
ALLEGED ACT, ERROR, OR OMISSION DID NOT RESULT FROM6
THE INTENTIONAL OR WILLFUL OR WANTON MISCONDUCT OF7
THAT PERSON.8
4. N
OTHING HEREIN SHALL BE CONSTRUED AS A LIMITATION9
ON THE LIABILITY OF ANY LICENSEE FOR PROFESSIONAL10
MALPRACTICE OR MISCONDUCT , WHICH SHALL BE11
GOVERNED SOLELY BY ANY OTHER APPLICABLE STATE12
LAWS.13
5. N
OTHING IN THIS COMPACT SHALL BE INTERPRETED TO14
WAIVE OR OTHERWISE ABROGATE A MEMBER STATE'S15
S
TATE ACTION IMMUNITY OR STATE ACTION AFFIRMATIVE16
DEFENSE WITH RESPECT TO ANTITRUST CLAIMS UNDER THE17
S
HERMAN ACT, CLAYTON ACT, OR ANY OTHER STATE OR18
FEDERAL ANTITRUST OR ANTICOMPETITIVE LAW OR19
REGULATION.20
6. N
OTHING IN THIS COMPACT SHALL BE CONSTRUED TO BE A21
WAIVER OF SOVEREIGN IMMUNITY BY THE MEMBER STATES22
OR BY THE COMMISSION.23
ARTICLE 10 - DATA SYSTEM24
A. T
HE COMMISSION SHALL PROVIDE FOR THE DEVELOPMENT ,25
MAINTENANCE, OPERATION, AND UTILIZATION OF A COORDINATED26
DATABASE AND REPORTING SYSTEM .27
HB24-1111
-32- B. THE COMMISSION SHALL ASSIGN EACH APPLICANT FOR A1
M
ULTISTATE LICENSE A UNIQUE IDENTIFIER, AS DETERMINED BY2
THE RULES OF THE COMMISSION.3
C. N
OTWITHSTANDING ANY OTHER PROVISION OF STATE LAW TO THE4
CONTRARY, A MEMBER STATE SHALL SUBMIT A UNIFORM DATA SET5
TO THE DATA SYSTEM ON ALL INDIVIDUALS TO WHOM THIS6
C
OMPACT IS APPLICABLE AS REQUIRED BY THE RULES OF THE7
C
OMMISSION, INCLUDING:8
1. I
DENTIFYING INFORMATION;9
2. L
ICENSURE DATA;10
3. A
DVERSE ACTIONS AGAINST A LICENSE AND INFORMATION11
RELATED THERETO;12
4. N
ON-CONFIDENTIAL INFORMATION RELATED TO13
A
LTERNATIVE PROGRAM PARTICIPATION, THE BEGINNING14
AND ENDING DATES OF SUCH PARTICIPATION , AND OTHER15
INFORMATION RELATED TO SUCH PARTICIPATION ;16
5. A
NY DENIAL OF APPLICATION FOR LICENSURE , AND THE17
REASON(S) FOR SUCH DENIAL (EXCLUDING THE REPORTING18
OF ANY CRIMINAL HISTORY RECORD INFORMATION WHERE19
PROHIBITED BY LAW);20
6. T
HE EXISTENCE OF INVESTIGATIVE INFORMATION;21
7. T
HE EXISTENCE OF CURRENT SIGNIFICANT INVESTIGATIVE22
I
NFORMATION; AND23
8. O
THER INFORMATION THAT MAY FACILITATE THE24
ADMINISTRATION OF THIS COMPACT OR THE PROTECTION OF25
THE PUBLIC, AS DETERMINED BY THE RULES OF THE26
C
OMMISSION.27
HB24-1111
-33- D. THE RECORDS AND INFORMATION PROVIDED TO A MEMBER STATE1
PURSUANT TO THIS COMPACT OR THROUGH THE DATA SYSTEM,2
WHEN CERTIFIED BY THE COMMISSION OR AN AGENT THEREOF ,3
CONSTITUTE THE AUTHENTICATED BUSINESS RECORDS OF THE4
C
OMMISSION, AND SHALL BE ENTITLED TO ANY ASSOCIATED5
HEARSAY EXCEPTION IN ANY RELEVANT JUDICIAL , QUASI-JUDICIAL,6
OR ADMINISTRATIVE PROCEEDINGS IN A MEMBER STATE.7
E. T
HE EXISTENCE OF CURRENT SIGNIFICANT INVESTIGATIVE8
I
NFORMATION AND THE EXISTENCE OF INVESTIGATIVE9
I
NFORMATION PERTAINING TO A LICENSEE IN ANY MEMBER STATE10
WILL ONLY BE AVAILABLE TO OTHER MEMBER STATES.11
F. I
T IS THE RESPONSIBILITY OF THE MEMBER STATES TO MONITOR12
THE DATABASE TO DETERMINE WHETHER ADVERSE ACTION HAS13
BEEN TAKEN AGAINST SUCH A LICENSEE OR LICENSE APPLICANT.14
A
DVERSE ACTION INFORMATION PERTAINING TO A LICENSEE OR15
L
ICENSE APPLICANT IN ANY MEMBER STATE WILL BE AVAILABLE16
TO ANY OTHER MEMBER STATE.17
G. M
EMBER STATES CONTRIBUTING INFORMATION TO THE DATA18
S
YSTEM MAY DESIGNATE INFORMATION THAT MAY NOT BE SHARED19
WITH THE PUBLIC WITHOUT THE EXPRESS PERMISSION OF THE20
CONTRIBUTING STATE.21
H. A
NY INFORMATION SUBMITTED TO THE DATA SYSTEM THAT IS22
SUBSEQUENTLY EXPUNGED PURSUANT TO FEDERAL LAW OR THE23
LAWS OF THE MEMBER STATE CONTRIBUTING THE INFORMATION24
SHALL BE REMOVED FROM THE DATA SYSTEM.25
ARTICLE 11 - RULEMAKING26
A. T
HE COMMISSION SHALL PROMULGATE REASONABLE RULES IN27
HB24-1111
-34- ORDER TO EFFECTIVELY AND EFFICIENTLY IMPLEMENT AND1
ADMINISTER THE PURPOSES AND PROVISIONS OF THE COMPACT. A2
R
ULE IS INVALID AND HAS NO FORCE OR EFFECT ONLY IF A COURT3
OF COMPETENT JURISDICTION HOLDS THAT THE RULE IS INVALID4
BECAUSE THE COMMISSION EXERCISED ITS RULEMAKING5
AUTHORITY IN A MANNER THAT IS BEYOND THE SCOPE AND6
PURPOSES OF THE COMPACT, OR THE POWERS GRANTED7
HEREUNDER, OR BASED UPON ANOTHER APPLICABLE STANDARD OF8
REVIEW.9
B. T
HE RULES OF THE COMMISSION HAVE THE FORCE OF LAW IN EACH10
M
EMBER STATE, PROVIDED, HOWEVER, THAT WHERE THE RULES OF11
THE COMMISSION CONFLICT WITH THE LAWS OF THE MEMBER12
S
TATE THAT ESTABLISH THE MEMBER STATE'S SCOPE OF PRACTICE13
LAWS GOVERNING THE PRACTICE OF COSMETOLOGY AS HELD BY A14
COURT OF COMPETENT JURISDICTION , THE RULES OF THE15
C
OMMISSION ARE INEFFECTIVE IN THAT STATE TO THE EXTENT OF16
THE CONFLICT.17
C. T
HE COMMISSION SHALL EXERCISE ITS RULEMAKING POWERS18
PURSUANT TO THE CRITERIA SET FORTH IN THIS ARTICLE AND THE19
R
ULES ADOPTED BECOME BINDING AS OF THE DATE SPECIFIED BY20
THE COMMISSION FOR EACH RULE.21
D. I
F A MAJORITY OF THE LEGISLATURES OF THE MEMBER STATES22
REJECTS A RULE OR PORTION OF A RULE, BY ENACTMENT OF A23
STATUTE OR RESOLUTION IN THE SAME MANNER USED TO ADOPT24
THE COMPACT WITHIN FOUR (4) YEARS OF THE DATE OF ADOPTION25
OF THE RULE, THEN SUCH RULE HAS NO FURTHER FORCE AND26
EFFECT IN ANY MEMBER STATE OR TO ANY STATE APPLYING TO27
HB24-1111
-35- PARTICIPATE IN THE COMPACT.1
E. R
ULES SHALL BE ADOPTED AT A REGULAR OR SPECIAL MEETING OF2
THE COMMISSION.3
F. P
RIOR TO ADOPTION OF A PROPOSED RULE, THE COMMISSION SHALL4
HOLD A PUBLIC HEARING AND ALLOW PERSONS TO PROVIDE ORAL5
AND WRITTEN COMMENTS , DATA, FACTS, OPINIONS, AND6
ARGUMENTS.7
G. P
RIOR TO ADOPTION OF A PROPOSED RULE BY THE COMMISSION,8
AND AT LEAST THIRTY (30) DAYS IN ADVANCE OF THE MEETING AT9
WHICH THE COMMISSION WILL HOLD A PUBLIC HEARING ON THE10
PROPOSED RULE, THE COMMISSION SHALL PROVIDE A NOTICE OF11
PROPOSED RULEMAKING :12
1. O
N THE WEBSITE OF THE COMMISSION OR OTHER PUBLICLY13
ACCESSIBLE PLATFORM;14
2. T
O PERSONS WHO HAVE REQUESTED NOTICE OF THE15
C
OMMISSION'S NOTICES OF PROPOSED RULEMAKING ; AND16
3. I
N SUCH OTHER WAY(S) AS THE COMMISSION MAY BY RULE17
SPECIFY.18
H. T
HE NOTICE OF PROPOSED RULEMAKING SHALL INCLUDE :19
1. T
HE TIME, DATE, AND LOCATION OF THE PUBLIC HEARING AT20
WHICH THE COMMISSION WILL HEAR PUBLIC COMMENTS ON21
THE PROPOSED RULE AND, IF DIFFERENT, THE TIME, DATE,22
AND LOCATION OF THE MEETING WHERE THE COMMISSION23
WILL CONSIDER AND VOTE ON THE PROPOSED RULE;24
2. I
F THE HEARING IS HELD VIA TELECOMMUNICATION , VIDEO25
CONFERENCE, OR OTHER ELECTRONIC MEANS , THE26
MECHANISM FOR ACCESS TO THE HEARING IN THE NOTICE OF27
HB24-1111
-36- PROPOSED RULEMAKING ;1
3. T
HE TEXT OF THE PROPOSED RULE AND THE REASON2
THEREFOR;3
4. A
 REQUEST FOR COMMENTS ON THE PROPOSED RULE FROM4
ANY INTERESTED PERSON; AND5
5. T
HE MANNER IN WHICH INTERESTED PERSONS MAY SUBMIT6
WRITTEN COMMENTS.7
I. A
LL HEARINGS WILL BE RECORDED . A COPY OF THE RECORDING8
AND ALL WRITTEN COMMENTS AND DOCUMENTS RECEIVED BY THE9
C
OMMISSION IN RESPONSE TO THE PROPOSED RULE SHALL BE10
AVAILABLE TO THE PUBLIC.11
J. N
OTHING IN THIS ARTICLE SHALL BE CONSTRUED AS REQUIRING A12
SEPARATE HEARING ON EACH RULE. RULES MAY BE GROUPED FOR13
THE CONVENIENCE OF THE COMMISSION AT HEARINGS REQUIRED BY14
THIS ARTICLE.15
K. T
HE COMMISSION SHALL, BY MAJORITY VOTE OF ALL MEMBERS ,16
TAKE FINAL ACTION ON THE PROPOSED RULE BASED ON THE17
RULEMAKING RECORD AND THE FULL TEXT OF THE RULE.18
1. T
HE COMMISSION MAY ADOPT CHANGES TO THE PROPOSED19
R
ULE PROVIDED THE CHANGES DO NOT ENLARGE THE20
ORIGINAL PURPOSE OF THE PROPOSED RULE.21
2. T
HE COMMISSION SHALL PROVIDE AN EXPLANATION OF THE22
REASONS FOR SUBSTANTIVE CHANGES MADE TO THE23
PROPOSED RULE AS WELL AS REASONS FOR SUBSTANTIVE24
CHANGES NOT MADE THAT WERE RECOMMENDED BY25
COMMENTERS.26
3. T
HE COMMISSION SHALL DETERMINE A REASONABLE27
HB24-1111
-37- EFFECTIVE DATE FOR THE RULE. EXCEPT FOR AN1
EMERGENCY AS PROVIDED IN ARTICLE 11.L, THE EFFECTIVE2
DATE OF THE RULE SHALL BE NO SOONER THAN FORTY -FIVE3
(45)
 DAYS AFTER THE COMMISSION ISSUING THE NOTICE4
THAT IT ADOPTED OR AMENDED THE RULE.5
L. U
PON DETERMINATION THAT AN EMERGENCY EXISTS , THE6
C
OMMISSION MAY CONSIDER AND ADOPT AN EMERGENCY RULE7
WITH FIVE (5) DAYS' NOTICE, WITH OPPORTUNITY TO COMMENT ,8
PROVIDED THAT THE USUAL RULEMAKING PROCEDURES PROVIDED9
IN THE COMPACT AND IN THIS ARTICLE SHALL BE RETROACTIVELY10
APPLIED TO THE RULE AS SOON AS REASONABLY POSSIBLE , IN NO11
EVENT LATER THAN NINETY (90) DAYS AFTER THE EFFECTIVE DATE12
OF THE RULE. FOR THE PURPOSES OF THIS PROVISION , AN13
EMERGENCY RULE IS ONE THAT MUST BE ADOPTED IMMEDIATELY14
TO:15
1. M
EET AN IMMINENT THREAT TO PUBLIC HEALTH , SAFETY,16
OR WELFARE;17
2. P
REVENT A LOSS OF COMMISSION OR MEMBER STATE18
FUNDS;19
3. M
EET A DEADLINE FOR THE PROMULGATION OF A RULE20
THAT IS ESTABLISHED BY FEDERAL LAW OR RULE ; OR21
4. P
ROTECT PUBLIC HEALTH AND SAFETY .22
M. T
HE COMMISSION OR AN AUTHORIZED COMMITTEE OF THE23
C
OMMISSION MAY DIRECT REVISIONS TO A PREVIOUSLY ADOPTED24
R
ULE FOR PURPOSES OF CORRECTING TYPOGRAPHICAL ERRORS ,25
ERRORS IN FORMAT, ERRORS IN CONSISTENCY, OR GRAMMATICAL26
ERRORS. PUBLIC NOTICE OF ANY REVISIONS SHALL BE POSTED ON27
HB24-1111
-38- THE WEBSITE OF THE COMMISSION. THE REVISION IS SUBJECT TO1
CHALLENGE BY ANY PERSON FOR A PERIOD OF THIRTY (30) DAYS2
AFTER POSTING. THE REVISION MAY BE CHALLENGED ONLY ON3
GROUNDS THAT THE REVISION RESULTS IN A MATERIAL CHANGE TO4
A RULE. A CHALLENGE SHALL BE MADE IN WRITING AND5
DELIVERED TO THE COMMISSION PRIOR TO THE END OF THE NOTICE6
PERIOD. IF NO CHALLENGE IS MADE , THE REVISION WILL TAKE7
EFFECT WITHOUT FURTHER ACTION . IF THE REVISION IS8
CHALLENGED, THE REVISION MAY NOT TAKE EFFECT WITHOUT THE9
APPROVAL OF THE COMMISSION.10
N. N
O MEMBER STATE'S RULEMAKING REQUIREMENTS APPLY UNDER11
THIS COMPACT.12
ARTICLE 12 - OVERSIGHT, DISPUTE RESOLUTION,13
AND ENFORCEMENT14
A. O
VERSIGHT15
1. T
HE EXECUTIVE AND JUDICIAL BRANCHES OF STATE16
GOVERNMENT IN EACH MEMBER STATE SHALL ENFORCE17
THIS COMPACT AND TAKE ALL ACTIONS NECESSARY AND18
APPROPRIATE TO IMPLEMENT THE COMPACT.19
2. V
ENUE IS PROPER AND JUDICIAL PROCEEDINGS BY OR20
AGAINST THE COMMISSION SHALL BE BROUGHT SOLELY AND21
EXCLUSIVELY IN A COURT OF COMPETENT JURISDICTION22
WHERE THE PRINCIPAL OFFICE OF THE COMMISSION IS23
LOCATED. THE COMMISSION MAY WAIVE VENUE AND24
JURISDICTIONAL DEFENSES TO THE EXTENT IT ADOPTS OR25
CONSENTS TO PARTICIPATE IN ALTERNATIVE DISPUTE26
RESOLUTION PROCEEDINGS. NOTHING HEREIN AFFECTS OR27
HB24-1111
-39- LIMITS THE SELECTION OR PROPRIETY OF VENUE IN ANY1
ACTION AGAINST A LICENSEE FOR PROFESSIONAL2
MALPRACTICE, MISCONDUCT, OR ANY SUCH SIMILAR3
MATTER.4
3. T
HE COMMISSION SHALL BE ENTITLED TO RECEIVE SERVICE5
OF PROCESS IN ANY PROCEEDING REGARDING THE6
ENFORCEMENT OR INTERPRETATION OF THE COMPACT AND7
SHALL HAVE STANDING TO INTERVENE IN SUCH A8
PROCEEDING FOR ALL PURPOSES. FAILURE TO PROVIDE THE9
C
OMMISSION SERVICE OF PROCESS RENDERS A JUDGMENT10
OR ORDER VOID AS TO THE COMMISSION, THIS COMPACT, OR11
PROMULGATED RULES.12
B. D
EFAULT, TECHNICAL ASSISTANCE, AND TERMINATION13
1. I
F THE COMMISSION DETERMINES THAT A MEMBER STATE14
HAS DEFAULTED IN THE PERFORMANCE OF ITS OBLIGATIONS15
OR RESPONSIBILITIES UNDER THIS COMPACT OR THE16
PROMULGATED RULES, THE COMMISSION SHALL PROVIDE17
WRITTEN NOTICE TO THE DEFAULTING STATE. THE NOTICE18
OF DEFAULT SHALL DESCRIBE THE DEFAULT , THE PROPOSED19
MEANS OF CURING THE DEFAULT , AND ANY OTHER ACTION20
THAT THE COMMISSION MAY TAKE , AND SHALL OFFER21
TRAINING AND SPECIFIC TECHNICAL ASSISTANCE REGARDING22
THE DEFAULT.23
2. T
HE COMMISSION SHALL PROVIDE A COPY OF THE NOTICE OF24
DEFAULT TO THE OTHER MEMBER STATES.25
3. I
F A STATE IN DEFAULT FAILS TO CURE THE DEFAULT , THE26
DEFAULTING STATE MAY BE TERMINATED FROM THE27
HB24-1111
-40- COMPACT UPON AN AFFIRMATIVE VOTE OF A MAJORITY OF1
THE DELEGATES OF THE MEMBER STATES, AND ALL RIGHTS,2
PRIVILEGES, AND BENEFITS CONFERRED ON THAT STATE BY3
THIS COMPACT MAY BE TERMINATED ON THE EFFECTIVE4
DATE OF TERMINATION. A CURE OF THE DEFAULT DOES NOT5
RELIEVE THE OFFENDING STATE OF OBLIGATIONS OR6
LIABILITIES INCURRED DURING THE PERIOD OF DEFAULT .7
4. T
ERMINATION OF MEMBERSHIP IN THE COMPACT SHALL BE8
IMPOSED ONLY AFTER ALL OTHER MEANS OF SECURING9
COMPLIANCE HAVE BEEN EXHAUSTED . NOTICE OF INTENT TO10
SUSPEND OR TERMINATE SHALL BE GIVEN BY THE11
C
OMMISSION TO THE GOVERNOR , THE MAJORITY AND12
MINORITY LEADERS OF THE DEFAULTING STATE'S13
LEGISLATURE, THE DEFAULTING STATE'S STATE LICENSING14
A
UTHORITY, AND EACH OF THE MEMBER STATES' STATE15
L
ICENSING AUTHORITY.16
5. A
 STATE THAT HAS BEEN TERMINATED IS RESPONSIBLE FOR17
ALL ASSESSMENTS , OBLIGATIONS, AND LIABILITIES18
INCURRED THROUGH THE EFFECTIVE DATE OF TERMINATION ,19
INCLUDING OBLIGATIONS THAT EXTEND BEYOND THE20
EFFECTIVE DATE OF TERMINATION.21
6. U
PON THE TERMINATION OF A STATE'S MEMBERSHIP FROM22
THIS COMPACT, THAT STATE SHALL IMMEDIATELY PROVIDE23
NOTICE TO ALL LICENSEES WHO HOLD A MULTISTATE24
L
ICENSE WITHIN THAT STATE OF SUCH TERMINATION. THE25
TERMINATED STATE SHALL CONTINUE TO RECOGNIZE ALL26
LICENSES GRANTED PURSUANT TO THIS COMPACT FOR A27
HB24-1111
-41- MINIMUM OF ONE HUNDRED EIGHTY (180) DAYS AFTER THE1
DATE OF SAID NOTICE OF TERMINATION.2
7. T
HE COMMISSION SHALL NOT BEAR ANY COSTS RELATED TO3
A STATE THAT IS FOUND TO BE IN DEFAULT OR THAT HAS4
BEEN TERMINATED FROM THE COMPACT, UNLESS AGREED5
UPON IN WRITING BETWEEN THE COMMISSION AND THE6
DEFAULTING STATE.7
8. T
HE DEFAULTING STATE MAY APPEAL THE ACTION OF THE8
C
OMMISSION BY PETITIONING THE UNITED STATES DISTRICT9
C
OURT FOR THE DISTRICT OF COLUMBIA OR THE FEDERAL10
DISTRICT WHERE THE COMMISSION HAS ITS PRINCIPAL11
OFFICES. THE PREVAILING PARTY SHALL BE AWARDED ALL12
COSTS OF SUCH LITIGATION , INCLUDING REASONABLE13
ATTORNEY'S FEES.14
C. D
ISPUTE RESOLUTION15
1. U
PON REQUEST BY A MEMBER STATE, THE COMMISSION16
SHALL ATTEMPT TO RESOLVE DISPUTES RELATED TO THE17
C
OMPACT THAT ARISE AMONG MEMBER STATES AND18
BETWEEN MEMBER AND NON-MEMBER STATES.19
2. T
HE COMMISSION SHALL PROMULGATE A RULE PROVIDING20
FOR BOTH MEDIATION AND BINDING DISPUTE RESOLUTION21
FOR DISPUTES AS APPROPRIATE.22
D. E
NFORCEMENT23
1. T
HE COMMISSION, IN THE REASONABLE EXERCISE OF ITS24
DISCRETION, SHALL ENFORCE THE PROVISIONS OF THIS25
C
OMPACT AND THE COMMISSION'S RULES.26
2. B
Y MAJORITY VOTE AS PROVIDED BY COMMISSION RULE,27
HB24-1111
-42- THE COMMISSION MAY INITIATE LEGAL ACTION AGAINST A1
M
EMBER STATE IN DEFAULT IN THE UNITED STATES2
D
ISTRICT COURT FOR THE DISTRICT OF COLUMBIA OR THE3
FEDERAL DISTRICT WHERE THE COMMISSION HAS ITS4
PRINCIPAL OFFICES TO ENFORCE COMPLIANCE WITH THE5
PROVISIONS OF THE COMPACT AND ITS PROMULGATED6
R
ULES. THE RELIEF SOUGHT MAY INCLUDE BOTH7
INJUNCTIVE RELIEF AND DAMAGES. IN THE EVENT JUDICIAL8
ENFORCEMENT IS NECESSARY , THE PREVAILING PARTY9
SHALL BE AWARDED ALL COSTS OF SUCH LITIGATION ,10
INCLUDING REASONABLE ATTORNEY 'S FEES. THE REMEDIES11
HEREIN ARE NOT THE EXCLUSIVE REMEDIES OF THE12
C
OMMISSION. THE COMMISSION MAY PURSUE ANY OTHER13
REMEDIES AVAILABLE UNDER FEDERAL OR THE DEFAULTING14
M
EMBER STATE'S LAW.15
3. A
 MEMBER STATE MAY INITIATE LEGAL ACTION AGAINST16
THE COMMISSION IN THE UNITED STATES DISTRICT COURT17
FOR THE DISTRICT OF COLUMBIA OR THE FEDERAL DISTRICT18
WHERE THE COMMISSION HAS ITS PRINCIPAL OFFICES TO19
ENFORCE COMPLIANCE WITH THE PROVISIONS OF THE20
C
OMPACT AND ITS PROMULGATED RULES. THE RELIEF21
SOUGHT MAY INCLUDE BOTH INJUNCTIVE RELIEF AND22
DAMAGES. IN THE EVENT JUDICIAL ENFORCEMENT IS23
NECESSARY, THE PREVAILING PARTY SHALL BE AWARDED24
ALL COSTS OF SUCH LITIGATION, INCLUDING REASONABLE25
ATTORNEY'S FEES.26
4. N
O INDIVIDUAL OR ENTITY OTHER THAN A MEMBER STATE27
HB24-1111
-43- MAY ENFORCE THIS COMPACT AGAINST THE COMMISSION.1
ARTICLE 13 - EFFECTIVE DATE, WITHDRAWAL,2
AND AMENDMENT3
A. T
HE COMPACT COMES INTO EFFECT ON THE DATE ON WHICH THE4
C
OMPACT STATUTE IS ENACTED INTO LAW IN THE SEVENTH5
M
EMBER STATE.6
1. O
N OR AFTER THE EFFECTIVE DATE OF THE COMPACT, THE7
C
OMMISSION SHALL CONVENE AND REVIEW THE8
ENACTMENT OF EACH OF THE CHARTER MEMBER STATES TO9
DETERMINE IF THE STATUTE ENACTED BY EACH SUCH10
C
HARTER MEMBER STATE IS MATERIALLY DIFFERENT THAN11
THE MODEL COMPACT STATUTE.12
a. A
 CHARTER MEMBER STATE WHOSE ENACTMENT IS13
FOUND TO BE MATERIALLY DIFFERENT FROM THE14
MODEL COMPACT STATUTE IS ENTITLED TO THE15
DEFAULT PROCESS SET FORTH IN ARTICLE 12.16
b. I
F ANY MEMBER STATE IS LATER FOUND TO BE IN17
DEFAULT, OR IS TERMINATED OR WITHDRAWS FROM18
THE COMPACT, THE COMMISSION REMAINS IN19
EXISTENCE AND THE COMPACT REMAINS IN EFFECT20
EVEN IF THE NUMBER OF MEMBER STATES SHOULD21
BE LESS THAN SEVEN (7).22
2. M
EMBER STATES ENACTING THE COMPACT SUBSEQUENT TO23
THE CHARTER MEMBER STATES ARE SUBJECT TO THE24
PROCESS SET FORTH IN ARTICLE 9.C.24 TO DETERMINE IF25
THEIR ENACTMENTS ARE MATERIALLY DIFFERENT FROM THE26
MODEL COMPACT STATUTE AND WHETHER THEY QUALIFY27
HB24-1111
-44- FOR PARTICIPATION IN THE COMPACT.1
3. A
LL ACTIONS TAKEN FOR THE BENEFIT OF THE COMMISSION2
OR IN FURTHERANCE OF THE PURPOSES OF THE3
ADMINISTRATION OF THE COMPACT PRIOR TO THE4
EFFECTIVE DATE OF THE COMPACT OR THE COMMISSION5
COMING INTO EXISTENCE SHALL BE CONSIDERED TO BE6
ACTIONS OF THE COMMISSION UNLESS SPECIFICALLY7
REPUDIATED BY THE COMMISSION.8
4. A
NY STATE THAT JOINS THE COMPACT IS SUBJECT TO THE9
C
OMMISSION'S RULES AND BYLAWS AS THEY EXIST ON THE10
DATE ON WHICH THE COMPACT BECOMES LAW IN THAT11
S
TATE. ANY RULE THAT HAS BEEN PREVIOUSLY ADOPTED12
BY THE COMMISSION HAS THE FULL FORCE AND EFFECT OF13
LAW ON THE DAY THE COMPACT BECOMES LAW IN THAT14
S
TATE.15
B. A
NY MEMBER STATE MAY WITHDRAW FROM THIS COMPACT BY16
ENACTING A STATUTE REPEALING THAT STATE'S ENACTMENT OF17
THE COMPACT.18
1. A
 MEMBER STATE'S WITHDRAWAL SHALL NOT TAKE EFFECT19
UNTIL ONE HUNDRED EIGHTY (180) DAYS AFTER20
ENACTMENT OF THE REPEALING STATUTE .21
2. W
ITHDRAWAL DOES NOT AFFECT THE CONTINUING22
REQUIREMENT OF THE WITHDRAWING STATE'S STATE23
L
ICENSING AUTHORITY TO COMPLY WITH THE24
INVESTIGATIVE AND ADVERSE ACTION REPORTING25
REQUIREMENTS OF THIS COMPACT PRIOR TO THE EFFECTIVE26
DATE OF WITHDRAWAL.27
HB24-1111
-45- 3. UPON THE ENACTMENT OF A STATUTE WITHDRAWING FROM1
THIS COMPACT, A STATE SHALL IMMEDIATELY PROVIDE2
NOTICE OF SUCH WITHDRAWAL TO ALL LICENSEES WITHIN3
THAT STATE. NOTWITHSTANDING ANY SUBSEQUENT4
STATUTORY ENACTMENT TO THE CONTRARY , SUCH5
WITHDRAWING STATE SHALL CONTINUE TO RECOGNIZE ALL6
LICENSES GRANTED PURSUANT TO THIS COMPACT FOR A7
MINIMUM OF ONE HUNDRED EIGHTY (180) DAYS AFTER THE8
DATE OF SUCH NOTICE OF WITHDRAWAL .9
C. N
OTHING CONTAINED IN THIS COMPACT SHALL BE CONSTRUED TO10
INVALIDATE OR PREVENT ANY LICENSURE AGREEMENT OR OTHER11
COOPERATIVE ARRANGEMENT BETWEEN A MEMBER STATE AND A12
NON-MEMBER STATE THAT DOES NOT CONFLICT WITH THE13
PROVISIONS OF THIS COMPACT.14
D. T
HIS COMPACT MAY BE AMENDED BY THE MEMBER STATES. NO15
AMENDMENT TO THIS COMPACT BECOMES EFFECTIVE AND BINDING16
UPON ANY MEMBER STATE UNTIL IT IS ENACTED INTO THE LAWS OF17
ALL MEMBER STATES.18
ARTICLE 14 - CONSTRUCTION AND SEVERABILITY19
A. T
HIS COMPACT AND THE COMMISSION'S RULEMAKING AUTHORITY20
SHALL BE LIBERALLY CONSTRUED SO AS TO EFFECTUATE THE21
PURPOSES AND THE IMPLEMENTATION AND ADMINISTRATION OF22
THE COMPACT. PROVISIONS OF THE COMPACT EXPRESSLY23
AUTHORIZING OR REQUIRING THE PROMULGATION OF RULES SHALL24
NOT BE CONSTRUED TO LIMIT THE COMMISSION'S RULEMAKING25
AUTHORITY SOLELY FOR THOSE PURPOSES .26
B. T
HE PROVISIONS OF THIS COMPACT SHALL BE SEVERABLE AND IF27
HB24-1111
-46- ANY PHRASE, CLAUSE, SENTENCE, OR PROVISION OF THIS COMPACT1
IS HELD BY A COURT OF COMPETENT JURISDICTION TO BE2
CONTRARY TO THE CONSTITUTION OF ANY MEMBER STATE, OF A3
S
TATE SEEKING PARTICIPATION IN THE COMPACT, OR OF THE4
U
NITED STATES, OR THE APPLICABILITY THEREOF TO ANY5
GOVERNMENT, AGENCY, PERSON, OR CIRCUMSTANCE IS HELD TO BE6
UNCONSTITUTIONAL BY A COURT OF COMPETENT JURISDICTION , THE7
VALIDITY OF THE REMAINDER OF THIS COMPACT AND THE8
APPLICABILITY THEREOF TO ANY OTHER GOVERNMENT , AGENCY,9
PERSON, OR CIRCUMSTANCE SHALL NOT BE AFFECTED THEREBY .10
C. N
OTWITHSTANDING ARTICLE 14.B, THE COMMISSION MAY DENY A11
S
TATE'S PARTICIPATION IN THE COMPACT OR, IN ACCORDANCE12
WITH THE REQUIREMENTS OF ARTICLE 12, TERMINATE A MEMBER13
S
TATE'S PARTICIPATION IN THE COMPACT, IF IT DETERMINES THAT14
A CONSTITUTIONAL REQUIREMENT OF A MEMBER STATE IS A15
MATERIAL DEPARTURE FROM THE COMPACT. OTHERWISE, IF THIS16
C
OMPACT IS HELD TO BE CONTRARY TO THE CONSTITUTION OF ANY17
M
EMBER STATE, THE COMPACT REMAINS IN FULL FORCE AND18
EFFECT AS TO THE REMAINING MEMBER STATES AND IN FULL FORCE19
AND EFFECT AS TO THE MEMBER STATE AFFECTED AS TO ALL20
SEVERABLE MATTERS.21
ARTICLE 15 - CONSISTENT EFFECT AND CONFLICT22
WITH OTHER STATE LAWS23
A. N
OTHING HEREIN PREVENTS OR INHIBITS THE ENFORCEMENT OF24
ANY OTHER LAW OF A MEMBER STATE THAT IS NOT INCONSISTENT25
WITH THE COMPACT.26
B. A
NY LAWS, STATUTES, REGULATIONS, OR OTHER LEGAL27
HB24-1111
-47- REQUIREMENTS IN A MEMBER STATE IN CONFLICT WITH THE1
C
OMPACT ARE SUPERSEDED TO THE EXTENT OF THE CONFLICT .2
C. A
LL PERMISSIBLE AGREEMENTS BETWEEN THE COMMISSION AND3
THE MEMBER STATES ARE BINDING IN ACCORDANCE WITH THEIR4
TERMS.5
24-60-4502.  Construction of terms. (1)  A
S USED IN THIS PART6
45,
 UNLESS THE CONTEXT OTHERWISE REQUIRES :7
(a)  "L
ICENSEE" MEANS, WITH RESPECT TO COLORADO, A8
COSMETOLOGIST HOLDING AN UNRESTRICTED LICENSE ISSUED BY THE9
DIRECTOR OF THE DIVISION OF PROFESSIONS AND OCCUPATIONS IN THE10
DEPARTMENT OF REGULATORY AGENCIES PURSUANT TO ARTICLE 105 OF11
TITLE 12.12
(b)  "S
TATE LICENSING AUTHORITY" MEANS, WITH RESPECT TO13
C
OLORADO, THE DIRECTOR OF THE DIVISION OF PROFESSIONS AND14
OCCUPATIONS CREATED IN THE DEPARTMENT OF REGULATORY AGENCIES15
PURSUANT TO SECTION 12-20-103.16
24-60-4503.  Notice to revisor of statutes - effective date of17
compact. T
HIS ARTICLE 45 WILL TAKE EFFECT ON THE DATE THE COMPACT18
IS ENACTED INTO LAW IN THE SEVENTH COMPACT STATE . THE DIRECTOR OF19
THE DIVISION OF PROFESSIONS AND OCCUPATIONS IN THE DEPARTMENT OF20
REGULATORY AGENCIES SHALL NOTIFY THE REVISOR OF STATUTES IN21
WRITING WHEN THE CONDITION SPECIFIED IN THIS SECTION HAS OCCURRED22
BY E-MAILING THE NOTICE TO REVISOROFSTATUTES .GA@COLEG.GOV. THIS23
PART 45 TAKES EFFECT UPON THE DATE IDENTIFIED IN THE NOTICE THAT24
THE COMPACT IS ENACTED INTO LAW IN THE SEVENTH COMPACT STATE OR25
UPON THE DATE OF THE NOTICE TO THE REVISOR OF STATUTES IF THE26
NOTICE DOES NOT SPECIFY A DIFFERENT DATE .27
HB24-1111
-48- SECTION 2. In Colorado Revised Statutes, add 12-105-125.5 as1
follows:2
12-105-125.5.  Interstate compact for cosmetologists - powers3
and duties - rules - definitions. (1)  A
S USED IN THIS SECTION:4
(a)  "A
DVERSE ACTION" HAS THE MEANING SET FORTH IN ARTICLE5
2
 OF SECTION 24-60-4501.6
(b)  "B
ACKGROUND CHECK " HAS THE MEANING SET FORTH IN7
ARTICLE 2 OF SECTION 24-60-4501.8
(c)  "C
OMMISSION" MEANS THE COSMETOLOGY LICENSURE9
COMPACT COMMISSION ESTABLISHED IN ARTICLE 9 OF SECTION10
24-60-4501.11
(d)  "C
OMPACT" MEANS THE COSMETOLOGY LICENSURE COMPACT12
AUTHORIZED IN PART 45 OF ARTICLE 60 OF TITLE 24.13
(e)  "C
URRENT SIGNIFICANT INVESTIGATIVE INFORMATION " HAS14
THE MEANING SET FORTH IN ARTICLE 2 OF SECTION 24-60-4501.15
(f)  "D
ATA SYSTEM" HAS THE MEANING SET FORTH IN ARTICLE 2 OF16
SECTION 24-60-4501.17
(g)  "I
NVESTIGATIVE INFORMATION" HAS THE MEANING SET FORTH18
IN ARTICLE 2 OF SECTION 24-60-4501.19
(h)  "M
EMBER STATE" MEANS A STATE THAT HAS ENACTED THE20
COMPACT.21
(i)  "M
ULTISTATE LICENSE" HAS THE MEANING SET FORTH IN22
ARTICLE 2 OF SECTION 24-60-4501.23
(2)  I
N ADDITION TO ANY POWERS AND DUTIES SPECIFIED IN THE24
COMPACT FOR MEMBER STATES , THE DIRECTOR HAS THE FOLLOWING25
POWERS AND DUTIES WITH REGARD TO THE COMPACT :26
(a)  T
O FACILITATE COLORADO'S PARTICIPATION IN THE COMPACT;27
HB24-1111
-49- (b)  TO COMPLY WITH THE RULES OF THE COMMISSION ;1
(c)  T
O PROMULGATE RULES IN ACCORDANCE WITH ARTICLE 4 OF2
TITLE 24 AS NECESSARY FOR THE IMPLEMENTATION , ADMINISTRATION,3
AND ENFORCEMENT OF THE COMPACT ;4
(d)  T
O SERVE, OR TO DESIGNATE ANOTHER INDIVIDUAL TO SERVE ,5
AS A DELEGATE ON AND ATTEND MEETINGS OF THE COMMISSION IN6
ACCORDANCE WITH THE TERMS OF THE COMPACT ;7
(e)  T
O NOTIFY THE COMMISSION, IN COMPLIANCE WITH THE TERMS8
OF THE COMPACT AND COMMISSION RULES , OF ANY ADVERSE ACTION OR9
THE AVAILABILITY OF INVESTIGATIVE INFORMATION , INCLUDING CURRENT10
SIGNIFICANT INVESTIGATIVE INFORMATION , REGARDING A LICENSEE;11
(f)  T
O IMPLEMENT PROCEDURES FOR CONSIDERING ONE OR MORE12
OF THE FOLLOWING CATEGORIES OF INFORMATION FROM APPLICANTS FOR13
LICENSURE: CRIMINAL HISTORY, DISCIPLINARY HISTORY, OR BACKGROUND14
CHECK;15
(g)  T
O GRANT A MULTISTATE LICENSE TO A LICENSEE IN16
ACCORDANCE WITH THE TERMS OF THE COMPACT AND TO CHARGE A FEE17
TO INDIVIDUALS APPLYING FOR THE MULTISTATE LICENSE ;18
(h)  T
O PARTICIPATE FULLY IN THE DATA SYSTEM CONSISTENT WITH19
THE COMPACT REQUIREMENTS AND THE RULES OF THE COMMISSION ; AND20
(i)  T
O APPROVE PAYMENT OF ASSESSMENTS LEVIED BY THE21
COMMISSION TO COVER THE COST OF OPERATIONS AND ACTIVITIES OF THE22
COMMISSION AND ITS STAFF.23
SECTION 3. Act subject to petition - effective date. This act24
takes effect at 12:01 a.m. on the day following the expiration of the25
ninety-day period after final adjournment of the general assembly; except26
that, if a referendum petition is filed pursuant to section 1 (3) of article V27
HB24-1111
-50- of the state constitution against this act or an item, section, or part of this1
act within such period, then the act, item, section, or part will not take2
effect unless approved by the people at the general election to be held in3
November 2024 and, in such case, will take effect on the date of the4
official declaration of the vote thereon by the governor.5
HB24-1111
-51-