Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REREVISED
This Version Includes All Amendments
Adopted in the Second House
LLS NO. 24-0406.01 Brita Darling x2241
HOUSE BILL 24-1111
House Committees Senate Committees
Business Affairs & Labor State, Veterans, & Military Affairs
Appropriations Finance
Appropriations
A BILL FOR AN ACT
C
ONCERNING THE ADOPTION OF THE COSMETOLOGY LICENSURE101
COMPACT, AND, IN CONNECTION THEREWITH, MAKING AN102
APPROPRIATION.103
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
SENATE
3rd Reading Unamended
April 29, 2024
SENATE
2nd Reading Unamended
April 26, 2024
HOUSE
3rd Reading Unamended
April 8, 2024
HOUSE
Amended 2nd Reading
April 5, 2024
HOUSE SPONSORSHIP
Martinez and Wilson, Duran, Jodeh, Kipp, Lindsay, Lindstedt, Lukens, Marshall, Mauro,
McCluskie, McCormick, Ricks, Snyder, Valdez
SENATE SPONSORSHIP
Pelton B., Bridges, Buckner, Fields, Hansen, Kolker, Michaelson Jenet, Priola, Smallwood,
Van Winkle
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. compact. If granted a multistate license under the compact, a
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.
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
1111-3- COSMETOLOGISTS WHO MEET UNIFORM REQUIREMENTS FOR1
MULTISTATE LICENSURE;2
B. E
NHANCE THE ABILITIES OF MEMBER STATES TO PROTECT PUBLIC3
HEALTH AND SAFETY AND PREVENT FRAUD AND UNLICENSED4
ACTIVITY WITHIN THE PROFESSION;5
C. E
NSURE AND ENCOURAGE COOPERATION BETWEEN MEMBER6
S
TATES IN THE LICENSURE AND REGULATION OF THE PRACTICE OF7
C
OSMETOLOGY;8
D. S
UPPORT RELOCATING MILITARY MEMBERS AND THEIR SPOUSES ;9
E. F
ACILITATE THE EXCHANGE OF INFORMATION BETWEEN MEMBER10
S
TATES RELATED TO THE LICENSURE , INVESTIGATION, AND11
DISCIPLINE OF THE PRACTICE OF COSMETOLOGY;12
F. P
ROVIDE FOR THE LICENSURE AND MOBILITY OF THE WORKFORCE13
IN THE PROFESSION, WHILE ADDRESSING THE SHORTAGE OF14
WORKERS AND LESSENING THE ASSOCIATED BURDENS ON THE15
M
EMBER STATES.16
ARTICLE 2 - DEFINITIONS17
A
S USED IN THIS COMPACT, AND EXCEPT AS OTHERWISE PROVIDED , THE18
FOLLOWING DEFINITIONS SHALL GOVERN THE TERMS HEREIN :19
A. "A
CTIVE MILITARY MEMBER" MEANS ANY PERSON WITH20
FULL-TIME DUTY STATUS IN THE ARMED FORCES OF THE UNITED21
S
TATES, INCLUDING MEMBERS OF THE NATIONAL GUARD AND22
R
ESERVE.23
B. "A
DVERSE ACTION" MEANS ANY ADMINISTRATIVE , CIVIL,24
EQUITABLE, OR CRIMINAL ACTION PERMITTED BY A MEMBER25
S
TATE'S LAWS WHICH IS IMPOSED BY A STATE LICENSING26
A
UTHORITY OR OTHER REGULATORY BODY AGAINST A27
1111
-4- COSMETOLOGIST, INCLUDING ACTIONS AGAINST AN INDIVIDUAL 'S1
LICENSE OR AUTHORIZATION TO PRACTICE SUCH AS REVOCATION,2
SUSPENSION, PROBATION, MONITORING OF THE LICENSEE,3
LIMITATION OF THE LICENSEE'S PRACTICE, OR ANY OTHER4
E
NCUMBRANCE ON A LICENSE AFFECTING AN INDIVIDUAL 'S ABILITY5
TO PARTICIPATE IN THE COSMETOLOGY INDUSTRY , INCLUDING THE6
ISSUANCE OF A CEASE AND DESIST ORDER .7
C. "A
LTERNATIVE PROGRAM" MEANS A NON -DISCIPLINARY8
MONITORING OR PROSECUTORIAL DIVERSION PROGRAM APPROVED9
BY A MEMBER STATE'S STATE LICENSING AUTHORITY.10
D. "A
UTHORIZATION TO PRACTICE" MEANS A LEGAL AUTHORIZATION11
ASSOCIATED WITH A MULTISTATE LICENSE PERMITTING THE12
P
RACTICE OF COSMETOLOGY IN THAT REMOTE STATE, WHICH IS13
SUBJECT TO THE ENFORCEMENT JURISDICTION OF THE STATE14
L
ICENSING AUTHORITY IN THAT REMOTE STATE.15
E. "B
ACKGROUND CHECK" MEANS THE SUBMISSION OF INFORMATION16
FOR AN APPLICANT FOR THE PURPOSE OF OBTAINING THAT17
APPLICANT'S CRIMINAL HISTORY RECORD INFORMATION , AS18
FURTHER DEFINED IN 28 CFR 20.3 (d), FROM THE FEDERAL19
B
UREAU OF INVESTIGATION AND THE AGENCY RESPONSIBLE FOR20
RETAINING STATE CRIMINAL OR DISCIPLINARY HISTORY IN THE21
APPLICANT'S HOME STATE.22
F. "C
HARTER MEMBER STATE" MEANS MEMBER STATES THAT HAVE23
ENACTED LEGISLATION TO ADOPT THIS COMPACT WHERE SUCH24
LEGISLATION PREDATES THE EFFECTIVE DATE OF THIS COMPACT AS25
DEFINED IN ARTICLE 13.26
G. "C
OMMISSION" MEANS THE GOVERNMENT AGENCY IN WHICH27
1111
-5- MEMBERSHIP CONSISTS OF ALL STATES THAT HAVE ENACTED THIS1
C
OMPACT, WHICH IS KNOWN AS THE COSMETOLOGY LICENSURE2
C
OMPACT COMMISSION, AS DEFINED IN ARTICLE 9, AND WHICH3
SHALL OPERATE AS AN INSTRUMENTALITY OF THE MEMBER4
S
TATES.5
H. "C
OSMETOLOGIST" MEANS AN INDIVIDUAL LICENSED IN THEIR6
H
OME STATE TO PRACTICE COSMETOLOGY.7
I. "C
OSMETOLOGY", "COSMETOLOGY SERVICES", AND THE8
"P
RACTICE OF COSMETOLOGY" MEAN THE CARE AND SERVICES9
PROVIDED BY A COSMETOLOGIST AS SET FORTH IN THE MEMBER10
S
TATE'S STATUTES AND REGULATIONS IN THE STATE WHERE THE11
SERVICES ARE BEING PROVIDED.12
J. "C
URRENT SIGNIFICANT INVESTIGATIVE INFORMATION" MEANS:13
1. I
NVESTIGATIVE INFORMATION THAT A STATE LICENSING14
A
UTHORITY, AFTER AN INQUIRY OR INVESTIGATION THAT15
COMPLIES WITH A MEMBER STATE'S DUE PROCESS16
REQUIREMENTS, HAS REASON TO BELIEVE IS NOT17
GROUNDLESS AND, IF PROVED TRUE, WOULD INDICATE A18
VIOLATION OF THAT STATE'S LAWS REGARDING FRAUD OR19
THE PRACTICE OF COSMETOLOGY; OR20
2. I
NVESTIGATIVE INFORMATION THAT INDICATES THAT A21
L
ICENSEE HAS ENGAGED IN FRAUD OR REPRESENTS AN22
IMMEDIATE THREAT TO PUBLIC HEALTH AND SAFETY ,23
REGARDLESS OF WHETHER THE LICENSEE HAS BEEN24
NOTIFIED AND HAD AN OPPORTUNITY TO RESPOND .25
K. "D
ATA SYSTEM" MEANS A REPOSITORY OF INFORMATION ABOUT26
L
ICENSEES, INCLUDING, BUT NOT LIMITED TO, LICENSE STATUS,27
1111
-6- INVESTIGATIVE INFORMATION, AND ADVERSE ACTIONS.1
L. "D
ISQUALIFYING EVENT" MEANS ANY EVENT THAT DISQUALIFIES2
AN INDIVIDUAL FROM HOLDING A MULTISTATE LICENSE UNDER3
THIS COMPACT, WHICH THE COMMISSION MAY BY RULE OR ORDER4
SPECIFY.5
M. "E
NCUMBERED LICENSE" MEANS A LICENSE IN WHICH AN ADVERSE6
A
CTION RESTRICTS THE PRACTICE OF COSMETOLOGY BY A7
L
ICENSEE, OR WHERE SAID ADVERSE ACTION HAS BEEN REPORTED8
TO THE COMMISSION.9
N. "E
NCUMBRANCE" MEANS A REVOCATION OR SUSPENSION OF , OR10
ANY LIMITATION ON, THE FULL AND UNRESTRICTED PRACTICE OF11
C
OSMETOLOGY BY A STATE LICENSING AUTHORITY.12
O. "E
XECUTIVE COMMITTEE" MEANS A GROUP OF DELEGATES13
ELECTED OR APPOINTED TO ACT ON BEHALF OF , AND WITHIN THE14
POWERS GRANTED TO THEM BY , THE COMMISSION.15
P. "H
OME STATE" MEANS THE MEMBER STATE WHICH IS A LICENSEE'S16
PRIMARY STATE OF RESIDENCE, AND WHERE THAT LICENSEE HOLDS17
AN ACTIVE AND UNENCUMBERED LICENSE TO PRACTICE18
C
OSMETOLOGY.19
Q. "I
NVESTIGATIVE INFORMATION" MEANS INFORMATION, RECORDS,20
OR DOCUMENTS RECEIVED OR GENERATED BY A STATE LICENSING21
A
UTHORITY PURSUANT TO AN INVESTIGATION OR OTHER INQUIRY .22
R. "J
URISPRUDENCE REQUIREMENT" MEANS THE ASSESSMENT OF AN23
INDIVIDUAL'S KNOWLEDGE OF THE LAWS AND RULES GOVERNING24
THE PRACTICE OF COSMETOLOGY IN A STATE.25
S. "L
ICENSEE" MEANS AN INDIVIDUAL WHO CURRENTLY HOLDS A26
LICENSE FROM A MEMBER STATE TO PRACTICE AS A27
1111
-7- COSMETOLOGIST.1
T. "M
EMBER STATE" MEANS ANY STATE THAT HAS ADOPTED THIS2
C
OMPACT.3
U. "M
ULTISTATE LICENSE" MEANS A LICENSE ISSUED BY AND SUBJECT4
TO THE ENFORCEMENT JURISDICTION OF THE STATE LICENSING5
A
UTHORITY IN A LICENSEE'S HOME STATE, WHICH AUTHORIZES6
THE PRACTICE OF COSMETOLOGY IN MEMBER STATES AND7
INCLUDES AUTHORIZATIONS TO PRACTICE COSMETOLOGY IN ALL8
R
EMOTE STATES PURSUANT TO THIS COMPACT.9
V. "R
EMOTE STATE" MEANS ANY MEMBER STATE, OTHER THAN THE10
L
ICENSEE'S HOME STATE.11
W. "R
ULE" MEANS ANY RULE OR REGULATION PROMULGATED BY THE12
C
OMMISSION UNDER THIS COMPACT WHICH HAS THE FORCE OF13
LAW.14
X. "S
INGLE-STATE LICENSE" MEANS A COSMETOLOGY LICENSE15
ISSUED BY A MEMBER STATE THAT AUTHORIZES PRACTICE OF16
C
OSMETOLOGY ONLY WITHIN THE ISSUING STATE AND DOES NOT17
INCLUDE ANY AUTHORIZATION OUTSIDE OF THE ISSUING STATE.18
Y. "S
TATE" MEANS A STATE, TERRITORY, OR POSSESSION OF THE19
U
NITED STATES AND THE DISTRICT OF COLUMBIA.20
Z. "S
TATE LICENSING AUTHORITY" MEANS A MEMBER STATE'S21
REGULATORY BODY RESPONSIBLE FOR ISSUING COSMETOLOGY22
LICENSES OR OTHERWISE OVERSEEING THE PRACTICE OF23
C
OSMETOLOGY IN THAT STATE.24
ARTICLE 3 - MEMBER STATE REQUIREMENTS25
A. T
O BE ELIGIBLE TO JOIN THIS COMPACT AND TO MAINTAIN26
ELIGIBILITY AS A MEMBER STATE, A STATE MUST:27
1111
-8- 1. LICENSE AND REGULATE COSMETOLOGY;1
2. H
AVE A MECHANISM OR ENTITY IN PLACE TO RECEIVE AND2
INVESTIGATE COMPLAINTS ABOUT LICENSEES PRACTICING3
IN THAT STATE;4
3. R
EQUIRE THAT LICENSEES WITHIN THE STATE PASS A5
C
OSMETOLOGY COMPETENCY EXAMINATION PRIOR TO6
BEING LICENSED TO PROVIDE COSMETOLOGY SERVICES TO7
THE PUBLIC IN THAT STATE;8
4. R
EQUIRE THAT LICENSEES SATISFY EDUCATIONAL OR9
TRAINING REQUIREMENTS IN COSMETOLOGY PRIOR TO10
BEING LICENSED TO PROVIDE COSMETOLOGY SERVICES TO11
THE PUBLIC IN THAT STATE;12
5. I
MPLEMENT PROCEDURES FOR CONSIDERING ONE OR MORE13
OF THE FOLLOWING CATEGORIES OF INFORMATION FROM14
APPLICANTS FOR LICENSURE : CRIMINAL HISTORY ,15
DISCIPLINARY HISTORY, OR BACKGROUND CHECK. SUCH16
PROCEDURES MAY INCLUDE THE SUBMISSION OF17
INFORMATION BY APPLICANTS FOR THE PURPOSE OF18
OBTAINING AN APPLICANT 'S BACKGROUND CHECK AS19
DEFINED HEREIN;20
6. P
ARTICIPATE IN THE DATA SYSTEM, INCLUDING THROUGH21
THE USE OF UNIQUE IDENTIFYING NUMBERS ;22
7. S
HARE INFORMATION RELATED TO ADVERSE ACTIONS WITH23
THE COMMISSION AND OTHER MEMBER STATES, BOTH24
THROUGH THE DATA SYSTEM AND OTHERWISE;25
8. N
OTIFY THE COMMISSION AND OTHER MEMBER STATES, IN26
COMPLIANCE WITH THE TERMS OF THE COMPACT AND27
1111
-9- RULES OF THE COMMISSION, OF THE EXISTENCE OF1
I
NVESTIGATIVE INFORMATION OR CURRENT SIGNIFICANT2
I
NVESTIGATIVE INFORMATION IN THE STATE'S POSSESSION3
REGARDING A LICENSEE PRACTICING IN THAT STATE;4
9. C
OMPLY WITH SUCH RULES AS MAY BE ENACTED BY THE5
C
OMMISSION TO ADMINISTER THE COMPACT; AND6
10. A
CCEPT LICENSEES FROM OTHER MEMBER STATES AS7
ESTABLISHED HEREIN.8
B. M
EMBER STATES MAY CHARGE A FEE FOR GRANTING A LICENSE TO9
PRACTICE COSMETOLOGY.10
C. I
NDIVIDUALS NOT RESIDING IN A MEMBER STATE MAY APPLY FOR11
A MEMBER STATE'S SINGLE-STATE LICENSE AS PROVIDED UNDER12
THE LAWS OF EACH MEMBER STATE. HOWEVER, THE13
S
INGLE-STATE LICENSE GRANTED TO THESE INDIVIDUALS SHALL14
NOT BE RECOGNIZED AS GRANTING A MULTISTATE LICENSE TO15
PROVIDE SERVICES IN ANY OTHER MEMBER STATE.16
D. N
OTHING IN THIS COMPACT AFFECTS THE REQUIREMENTS17
ESTABLISHED BY A MEMBER STATE FOR THE ISSUANCE OF A18
S
INGLE-STATE LICENSE.19
E. A
MULTISTATE LICENSE ISSUED TO A LICENSEE BY A HOME STATE20
TO A RESIDENT OF THAT STATE SHALL BE RECOGNIZED BY EACH21
M
EMBER STATE AS AUTHORIZING A LICENSEE TO PRACTICE22
C
OSMETOLOGY IN EACH MEMBER STATE.23
F. A
T NO POINT SHALL THE COMMISSION HAVE THE POWER TO DEFINE24
THE EDUCATIONAL OR PROFESSIONAL REQUIREMENTS FOR A25
LICENSE TO PRACTICE COSMETOLOGY. THE MEMBER STATES26
SHALL RETAIN SOLE JURISDICTION OVER THE PROVISION OF THESE27
1111
-10- REQUIREMENTS.1
ARTICLE 4 - MULTISTATE LICENSE2
A. T
O BE ELIGIBLE TO APPLY TO THEIR HOME STATE'S STATE3
L
ICENSING AUTHORITY FOR AN INITIAL MULTISTATE LICENSE4
UNDER THIS COMPACT, A LICENSEE MUST HOLD AN ACTIVE AND5
UNENCUMBERED SINGLE-STATE LICENSE TO PRACTICE6
C
OSMETOLOGY IN THEIR HOME STATE.7
B. U
PON THE RECEIPT OF AN APPLICATION FOR A MULTISTATE8
L
ICENSE, ACCORDING TO THE RULES OF THE COMMISSION, A9
M
EMBER STATE'S STATE LICENSING AUTHORITY SHALL ASCERTAIN10
WHETHER THE APPLICANT MEETS THE REQUIREMENTS FOR A11
M
ULTISTATE LICENSE UNDER THIS COMPACT.12
C. I
F AN APPLICANT MEETS THE REQUIREMENTS FOR A MULTISTATE13
L
ICENSE UNDER THIS COMPACT AND ANY APPLICABLE RULES OF14
THE COMMISSION, THE STATE LICENSING AUTHORITY IN RECEIPT15
OF THE APPLICATION SHALL, WITHIN A REASONABLE TIME, GRANT16
A MULTISTATE LICENSE TO THAT APPLICANT, AND INFORM ALL17
M
EMBER STATES OF THE GRANT OF SAID MULTISTATE LICENSE.18
D. A
MULTISTATE LICENSE TO PRACTICE COSMETOLOGY ISSUED BY19
A MEMBER STATE'S STATE LICENSING AUTHORITY SHALL BE20
RECOGNIZED BY EACH MEMBER STATE AS AUTHORIZING THE21
PRACTICE THEREOF AS THOUGH THAT LICENSEE HELD A22
S
INGLE-STATE LICENSE TO DO SO IN EACH MEMBER STATE,23
SUBJECT TO THE RESTRICTIONS HEREIN.24
E. A
MULTISTATE LICENSE GRANTED PURSUANT TO THIS COMPACT25
MAY BE EFFECTIVE FOR A DEFINITE PERIOD OF TIME, CONCURRENT26
WITH THE LICENSURE RENEWAL PERIOD IN THE HOME STATE.27
1111
-11- F. TO MAINTAIN A MULTISTATE LICENSE UNDER THIS COMPACT, A1
L
ICENSEE MUST:2
1. A
GREE TO ABIDE BY THE RULES OF THE STATE LICENSING3
A
UTHORITY, AND THE STATE SCOPE OF PRACTICE LAWS4
GOVERNING THE PRACTICE OF COSMETOLOGY, OF ANY5
M
EMBER STATE IN WHICH THE LICENSEE PROVIDES6
SERVICES;7
2. P
AY ALL REQUIRED FEES RELATED TO THE APPLICATION AND8
PROCESS, AND ANY OTHER FEES WHICH THE COMMISSION9
MAY BY RULE REQUIRE; AND10
3. C
OMPLY WITH ANY AND ALL OTHER REQUIREMENTS11
REGARDING MULTISTATE LICENSES WHICH THE12
C
OMMISSION MAY BY RULE PROVIDE.13
G. A
LICENSEE PRACTICING IN A MEMBER STATE IS SUBJECT TO ALL14
SCOPE OF PRACTICE LAWS GOVERNING COSMETOLOGY SERVICES IN15
THAT STATE.16
H. T
HE PRACTICE OF COSMETOLOGY UNDER A MULTISTATE LICENSE17
GRANTED PURSUANT TO THIS COMPACT WILL SUBJECT THE18
L
ICENSEE TO THE JURISDICTION OF THE STATE LICENSING19
A
UTHORITY, THE COURTS, AND THE LAWS OF THE MEMBER STATE20
IN WHICH THE COSMETOLOGY SERVICES ARE PROVIDED.21
ARTICLE 5 - REISSUANCE OF A MULTISTATE LICENSE22
BY A NEW HOME STATE23
A. A
LICENSEE MAY HOLD A MULTISTATE LICENSE, ISSUED BY THEIR24
H
OME STATE, IN ONLY ONE MEMBER STATE AT ANY GIVEN TIME.25
B. I
F A LICENSEE CHANGES THEIR HOME STATE BY MOVING BETWEEN26
TWO MEMBER STATES:27
1111
-12- 1. THE LICENSEE SHALL IMMEDIATELY APPLY FOR THE1
REISSUANCE OF THEIR MULTISTATE LICENSE IN THEIR NEW2
H
OME STATE. THE LICENSEE SHALL PAY ALL APPLICABLE3
FEES AND NOTIFY THE PRIOR HOME STATE IN ACCORDANCE4
WITH THE RULES OF THE COMMISSION.5
2. U
PON RECEIPT OF AN APPLICATION TO REISSUE A6
M
ULTISTATE LICENSE, THE NEW HOME STATE SHALL7
VERIFY THAT THE MULTISTATE LICENSE IS ACTIVE,8
UNENCUMBERED, AND ELIGIBLE FOR REISSUANCE UNDER9
THE TERMS OF THE COMPACT AND THE RULES OF THE10
C
OMMISSION. THE MULTISTATE LICENSE ISSUED BY THE11
PRIOR HOME STATE WILL BE DEACTIVATED AND ALL12
M
EMBER STATES NOTIFIED IN ACCORDANCE WITH THE13
APPLICABLE RULES ADOPTED BY THE COMMISSION.14
3. I
F REQUIRED FOR INITIAL LICENSURE, THE NEW HOME STATE15
MAY REQUIRE A BACKGROUND CHECK AS SPECIFIED IN THE16
LAWS OF THAT STATE, OR THE COMPLIANCE WITH ANY17
J
URISPRUDENCE REQUIREMENTS OF THE NEW HOME STATE.18
4. N
OTWITHSTANDING ANY OTHER PROVISION OF THIS19
C
OMPACT, IF A LICENSEE DOES NOT MEET THE20
REQUIREMENTS SET FORTH IN THIS COMPACT FOR THE21
REISSUANCE OF A MULTISTATE LICENSE BY THE NEW HOME22
S
TATE, THEN THE LICENSEE IS SUBJECT TO THE NEW HOME23
S
TATE REQUIREMENTS FOR THE ISSUANCE OF A24
S
INGLE-STATE LICENSE IN THAT STATE.25
C. I
F A LICENSEE CHANGES THEIR PRIMARY STATE OF RESIDENCE BY26
MOVING FROM A MEMBER STATE TO A NON-MEMBER STATE, OR27
1111
-13- FROM A NON-MEMBER STATE TO A MEMBER STATE, THEN THE1
L
ICENSEE IS SUBJECT TO THE STATE REQUIREMENTS FOR THE2
ISSUANCE OF A SINGLE-STATE LICENSE IN THE NEW HOME STATE.3
D. N
OTHING IN THIS COMPACT INTERFERES WITH A LICENSEE'S4
ABILITY TO HOLD A SINGLE-STATE LICENSE IN MULTIPLE STATES;5
HOWEVER, FOR THE PURPOSES OF THIS COMPACT, A LICENSEE6
SHALL HAVE ONLY ONE HOME STATE, AND ONLY ONE MULTISTATE7
L
ICENSE.8
E. N
OTHING IN THIS COMPACT INTERFERES WITH THE REQUIREMENTS9
ESTABLISHED BY A MEMBER STATE FOR THE ISSUANCE OF A10
S
INGLE-STATE LICENSE.11
ARTICLE 6 - AUTHORITY OF THE COMPACT12
COMMISSION AND MEMBER13
STATE LICENSING AUTHORITIES14
A. N
OTHING IN THIS COMPACT, NOR ANY RULE OR REGULATION OF15
THE COMMISSION, SHALL BE CONSTRUED TO LIMIT, RESTRICT, OR IN16
ANY WAY REDUCE THE ABILITY OF A MEMBER STATE TO ENACT17
AND ENFORCE LAWS, REGULATIONS, OR OTHER RULES RELATED TO18
THE PRACTICE OF COSMETOLOGY IN THAT STATE, WHERE LAWS,19
REGULATIONS, OR OTHER RULES ARE NOT INCONSISTENT WITH THE20
PROVISIONS OF THIS COMPACT.21
B. I
NSOFAR AS PRACTICAL, A MEMBER STATE'S STATE LICENSING22
A
UTHORITY SHALL COOPERATE WITH THE COMMISSION AND WITH23
EACH ENTITY EXERCISING INDEPENDENT REGULATORY AUTHORITY24
OVER THE PRACTICE OF COSMETOLOGY ACCORDING TO THE25
PROVISIONS OF THIS COMPACT.26
C. D
ISCIPLINE SHALL BE THE SOLE RESPONSIBILITY OF THE STATE IN27
1111
-14- WHICH COSMETOLOGY SERVICES ARE PROVIDED. ACCORDINGLY,1
EACH MEMBER STATE'S STATE LICENSING AUTHORITY SHALL BE2
RESPONSIBLE FOR RECEIVING COMPLAINTS ABOUT INDIVIDUALS3
PRACTICING COSMETOLOGY IN THAT STATE, AND FOR4
COMMUNICATING ALL RELEVANT INVESTIGATIVE INFORMATION5
ABOUT ANY SUCH ADVERSE ACTION TO THE OTHER MEMBER6
S
TATES THROUGH THE DATA SYSTEM IN ADDITION TO ANY OTHER7
METHODS THE COMMISSION MAY BY RULE REQUIRE.8
ARTICLE 7 - ADVERSE ACTIONS9
A. A
LICENSEE'S HOME STATE SHALL HAVE EXCLUSIVE POWER TO10
IMPOSE AN ADVERSE ACTION AGAINST A LICENSEE'S MULTISTATE11
L
ICENSE ISSUED BY THE HOME STATE.12
B. A
HOME STATE MAY TAKE ADVERSE ACTION ON A MULTISTATE13
L
ICENSE BASED ON THE INVESTIGATIVE INFORMATION, CURRENT14
S
IGNIFICANT INVESTIGATIVE INFORMATION, OR ADVERSE ACTION15
OF A REMOTE STATE.16
C. I
N ADDITION TO THE POWERS CONFERRED BY STATE LAW, EACH17
R
EMOTE STATE'S STATE LICENSING AUTHORITY SHALL HAVE THE18
POWER TO:19
1. T
AKE ADVERSE ACTION AGAINST A LICENSEE'S20
A
UTHORIZATION TO PRACTICE COSMETOLOGY THROUGH21
THE MULTISTATE LICENSE IN THAT MEMBER STATE,22
PROVIDED THAT:23
a. O
NLY THE LICENSEE'S HOME STATE SHALL HAVE24
THE POWER TO TAKE ADVERSE ACTION AGAINST THE25
M
ULTISTATE LICENSE ISSUED BY THE HOME STATE;26
AND27
1111
-15- b. FOR THE PURPOSES OF TAKING ADVERSE ACTION,1
THE HOME STATE'S STATE LICENSING AUTHORITY2
SHALL GIVE THE SAME PRIORITY AND EFFECT TO3
REPORTED CONDUCT RECEIVED FROM A REMOTE4
S
TATE AS IT WOULD IF SUCH CONDUCT HAD5
OCCURRED WITHIN THE HOME STATE. IN SO DOING,6
THE HOME STATE SHALL APPLY ITS OWN STATE7
LAWS TO DETERMINE THE APPROPRIATE ACTION .8
2. I
SSUE CEASE AND DESIST ORDERS OR IMPOSE AN9
E
NCUMBRANCE ON A LICENSEE'S AUTHORIZATION TO10
P
RACTICE WITHIN THAT MEMBER STATE.11
3. C
OMPLETE ANY PENDING INVESTIGATIONS OF A LICENSEE12
WHO CHANGES THEIR PRIMARY STATE OF RESIDENCE13
DURING THE COURSE OF SUCH AN INVESTIGATION . THE14
S
TATE LICENSING AUTHORITY SHALL ALSO BE EMPOWERED15
TO REPORT THE RESULTS OF SUCH AN INVESTIGATION TO16
THE COMMISSION THROUGH THE DATA SYSTEM AS17
DESCRIBED HEREIN.18
4. I
SSUE SUBPOENAS FOR BOTH HEARINGS AND19
INVESTIGATIONS THAT REQUIRE THE ATTENDANCE AND20
TESTIMONY OF WITNESSES, AS WELL AS THE PRODUCTION OF21
EVIDENCE. SUBPOENAS ISSUED BY A STATE LICENSING22
A
UTHORITY IN A MEMBER STATE FOR THE ATTENDANCE23
AND TESTIMONY OF WITNESSES OR THE PRODUCTION OF24
EVIDENCE FROM ANOTHER MEMBER STATE SHALL BE25
ENFORCED IN THE LATTER STATE BY ANY COURT OF26
COMPETENT JURISDICTION, ACCORDING TO THE PRACTICE27
1111
-16- AND PROCEDURE OF THAT COURT APPLICABLE TO1
SUBPOENAS ISSUED IN PROCEEDINGS BEFORE IT . THE2
ISSUING STATE LICENSING AUTHORITY SHALL PAY ANY3
WITNESS FEES, TRAVEL EXPENSES, MILEAGE, AND OTHER4
FEES REQUIRED BY THE SERVICE STATUTES OF THE STATE IN5
WHICH THE WITNESSES OR EVIDENCE ARE LOCATED .6
5. I
F OTHERWISE PERMITTED BY STATE LAW, RECOVER FROM7
THE AFFECTED LICENSEE THE COSTS OF INVESTIGATIONS8
AND DISPOSITION OF CASES RESULTING FROM ANY ADVERSE9
A
CTION TAKEN AGAINST THAT LICENSEE.10
6. T
AKE ADVERSE ACTION AGAINST THE LICENSEE'S11
A
UTHORIZATION TO PRACTICE IN THAT STATE BASED ON12
THE FACTUAL FINDINGS OF ANOTHER REMOTE STATE.13
D. A
LICENSEE'S HOME STATE SHALL COMPLETE ANY PENDING14
INVESTIGATION(S) OF A COSMETOLOGIST WHO CHANGES THEIR15
PRIMARY STATE OF RESIDENCE DURING THE COURSE OF THE16
INVESTIGATION(S). THE HOME STATE SHALL ALSO HAVE THE17
AUTHORITY TO TAKE APPROPRIATE ACTION (S) AND SHALL18
PROMPTLY REPORT THE CONCLUSIONS OF THE INVESTIGATIONS TO19
THE DATA SYSTEM.20
E. I
F AN ADVERSE ACTION IS TAKEN BY THE HOME STATE AGAINST A21
L
ICENSEE'S MULTISTATE LICENSE, THE LICENSEE'S22
A
UTHORIZATION TO PRACTICE IN ALL OTHER MEMBER STATES23
SHALL BE DEACTIVATED UNTIL ALL ENCUMBRANCES HAVE BEEN24
REMOVED FROM THE HOME STATE LICENSE. ALL HOME STATE25
DISCIPLINARY ORDERS THAT IMPOSE AN ADVERSE ACTION AGAINST26
A LICENSEE'S MULTISTATE LICENSE SHALL INCLUDE A STATEMENT27
1111
-17- THAT THE COSMETOLOGIST'S AUTHORIZATION TO PRACTICE IS1
DEACTIVATED IN ALL MEMBER STATES DURING THE PENDENCY OF2
THE ORDER.3
F. N
OTHING IN THIS COMPACT OVERRIDES A MEMBER STATE'S4
AUTHORITY TO ACCEPT A LICENSEE'S PARTICIPATION IN AN5
A
LTERNATIVE PROGRAM IN LIEU OF ADVERSE ACTION. A6
L
ICENSEE'S MULTISTATE LICENSE SHALL BE SUSPENDED FOR THE7
DURATION OF THE LICENSEE'S PARTICIPATION IN ANY8
A
LTERNATIVE PROGRAM.9
G. J
OINT INVESTIGATIONS10
1. I
N ADDITION TO THE AUTHORITY GRANTED TO A MEMBER11
S
TATE BY ITS RESPECTIVE SCOPE OF PRACTICE LAWS OR12
OTHER APPLICABLE STATE LAW, A MEMBER STATE MAY13
PARTICIPATE WITH OTHER MEMBER STATES IN JOINT14
INVESTIGATIONS OF LICENSEES.15
2. M
EMBER STATES SHALL SHARE ANY INVESTIGATIVE ,16
LITIGATION, OR COMPLIANCE MATERIALS IN FURTHERANCE17
OF ANY JOINT OR INDIVIDUAL INVESTIGATION INITIATED18
UNDER THE COMPACT.19
ARTICLE 8 - ACTIVE MILITARY MEMBERS20
AND THEIR SPOUSES21
A
CTIVE MILITARY MEMBERS OR THEIR SPOUSES SHALL DESIGNATE A22
H
OME STATE WHERE THE INDIVIDUAL HAS A CURRENT LICENSE TO23
PRACTICE COSMETOLOGY IN GOOD STANDING . THE INDIVIDUAL MAY24
RETAIN THEIR HOME STATE DESIGNATION DURING ANY PERIOD OF SERVICE25
WHEN THAT INDIVIDUAL OR THEIR SPOUSE IS ON ACTIVE DUTY26
ASSIGNMENT.27
1111
-18- ARTICLE 9 - ESTABLISHMENT AND OPERATION OF THE1
COSMETOLOGY LICENSURE COMPACT COMMISSION2
A. T
HE COMPACT MEMBER STATES HEREBY CREATE AND ESTABLISH3
A JOINT GOVERNMENT AGENCY , THE MEMBERSHIP OF WHICH4
CONSISTS OF ALL MEMBER STATES THAT HAVE ENACTED THE5
C
OMPACT, KNOWN AS THE COSMETOLOGY LICENSURE COMPACT6
C
OMMISSION. THE COMMISSION IS AN INSTRUMENTALITY OF THE7
C
OMPACT MEMBER STATES ACTING JOINTLY AND NOT AN8
INSTRUMENTALITY OF ANY ONE STATE. THE COMMISSION SHALL9
COME INTO EXISTENCE ON OR AFTER THE EFFECTIVE DATE OF THE10
C
OMPACT AS SET FORTH IN ARTICLE 13.11
B. M
EMBERSHIP, VOTING, AND MEETINGS12
1. E
ACH MEMBER STATE SHALL HAVE AND BE LIMITED TO ONE13
(1)
DELEGATE SELECTED BY THAT MEMBER STATE'S STATE14
L
ICENSING AUTHORITY.15
2. T
HE DELEGATE SHALL BE AN ADMINISTRATOR OF THE STATE16
L
ICENSING AUTHORITY OF THE MEMBER STATE OR THEIR17
DESIGNEE.18
3. T
HE COMMISSION SHALL BY RULE OR BYLAW ESTABLISH A19
TERM OF OFFICE FOR DELEGATES AND MAY BY RULE OR20
BYLAW ESTABLISH TERM LIMITS.21
4. T
HE COMMISSION MAY RECOMMEND REMOVAL OR22
SUSPENSION OF ANY DELEGATE FROM OFFICE .23
5. A
MEMBER STATE'S STATE LICENSING AUTHORITY SHALL24
FILL ANY VACANCY OF ITS DELEGATE OCCURRING ON THE25
C
OMMISSION WITHIN 60 DAYS OF THE VACANCY.26
6. E
ACH DELEGATE SHALL BE ENTITLED TO ONE VOTE ON ALL27
1111
-19- MATTERS THAT ARE VOTED ON BY THE COMMISSION.1
7. T
HE COMMISSION SHALL MEET AT LEAST ONCE DURING2
EACH CALENDAR YEAR . ADDITIONAL MEETINGS MAY BE3
HELD AS SET FORTH IN THE BYLAWS. THE COMMISSION MAY4
MEET BY TELECOMMUNICATION , VIDEO CONFERENCE, OR5
OTHER SIMILAR ELECTRONIC MEANS .6
C. T
HE COMMISSION SHALL HAVE THE FOLLOWING POWERS :7
1. E
STABLISH THE FISCAL YEAR OF THE COMMISSION;8
2. E
STABLISH CODE OF CONDUCT AND CONFLICT OF INTEREST9
POLICIES;10
3. A
DOPT RULES AND BYLAWS;11
4. M
AINTAIN ITS FINANCIAL RECORDS IN ACCORDANCE WITH12
THE BYLAWS;13
5. M
EET AND TAKE SUCH ACTIONS AS ARE CONSISTENT WITH14
THE PROVISIONS OF THIS COMPACT, THE COMMISSION'S15
R
ULES, AND THE BYLAWS;16
6. I
NITIATE AND CONCLUDE LEGAL PROCEEDINGS OR ACTIONS17
IN THE NAME OF THE COMMISSION, PROVIDED THAT THE18
STANDING OF ANY STATE LICENSING AUTHORITY TO SUE OR19
BE SUED UNDER APPLICABLE LAW IS NOT AFFECTED ;20
7. M
AINTAIN AND CERTIFY RECORDS AND INFORMATION21
PROVIDED TO A MEMBER STATE AS THE AUTHENTICATED22
BUSINESS RECORDS OF THE COMMISSION AND DESIGNATE23
AN AGENT TO DO SO ON THE COMMISSION'S BEHALF;24
8. P
URCHASE AND MAINTAIN INSURANCE AND BONDS ;25
9. B
ORROW, ACCEPT, OR CONTRACT FOR SERVICES OF26
PERSONNEL, INCLUDING, BUT NOT LIMITED TO, EMPLOYEES27
1111
-20- OF A MEMBER STATE;1
10. C
ONDUCT AN ANNUAL FINANCIAL REVIEW ;2
11. H
IRE EMPLOYEES, ELECT OR APPOINT OFFICERS , FIX3
COMPENSATION, DEFINE DUTIES, GRANT SUCH INDIVIDUALS4
APPROPRIATE AUTHORITY TO CARRY OUT THE PURPOSES OF5
THE COMPACT, AND ESTABLISH THE COMMISSION'S6
PERSONNEL POLICIES AND PROGRAMS RELATING TO7
CONFLICTS OF INTEREST, QUALIFICATIONS OF PERSONNEL,8
AND OTHER RELATED PERSONNEL MATTERS ;9
12. A
S SET FORTH IN THE COMMISSION RULES, CHARGE A FEE10
TO A LICENSEE FOR THE GRANT OF A MULTISTATE LICENSE11
AND THEREAFTER , AS MAY BE ESTABLISHED BY12
C
OMMISSION RULE, CHARGE THE LICENSEE A MULTISTATE13
L
ICENSE RENEWAL FEE FOR EACH RENEWAL PERIOD .14
N
OTHING HEREIN SHALL BE CONSTRUED TO PREVENT A15
H
OME STATE FROM CHARGING A LICENSEE A FEE FOR A16
M
ULTISTATE LICENSE OR RENEWALS OF A MULTISTATE17
L
ICENSE, OR A FEE FOR THE JURISPRUDENCE REQUIREMENT18
IF THE MEMBER STATE IMPOSES SUCH A REQUIREMENT FOR19
THE GRANT OF A MULTISTATE LICENSE.20
13. A
SSESS AND COLLECT FEES;21
14. A
CCEPT ANY AND ALL APPROPRIATE GIFTS , DONATIONS,22
GRANTS OF MONEY , OTHER SOURCES OF REVENUE ,23
EQUIPMENT, SUPPLIES, MATERIALS, AND SERVICES AND24
RECEIVE, UTILIZE, AND DISPOSE OF THE SAME; PROVIDED25
THAT AT ALL TIMES THE COMMISSION SHALL AVOID ANY26
APPEARANCE OF IMPROPRIETY OR CONFLICT OF INTEREST ;27
1111
-21- 15. LEASE, PURCHASE, RETAIN, OWN, HOLD, IMPROVE, OR USE1
ANY PROPERTY, REAL, PERSONAL, OR MIXED, OR ANY2
UNDIVIDED INTEREST THEREIN;3
16. S
ELL, CONVEY, MORTGAGE, PLEDGE, LEASE, EXCHANGE,4
ABANDON, OR OTHERWISE DISPOSE OF ANY PROPERTY, REAL,5
PERSONAL, OR MIXED;6
17. E
STABLISH A BUDGET AND MAKE EXPENDITURES ;7
18. B
ORROW MONEY;8
19. A
PPOINT COMMITTEES, INCLUDING STANDING COMMITTEES,9
COMPOSED OF MEMBERS , STATE REGULATORS, STATE10
LEGISLATORS OR THEIR REPRESENTATIVES , CONSUMER11
REPRESENTATIVES, AND SUCH OTHER INTERESTED PERSONS12
AS MAY BE DESIGNATED IN THIS COMPACT AND THE13
BYLAWS;14
20. P
ROVIDE AND RECEIVE INFORMATION FROM , AND15
COOPERATE WITH, LAW ENFORCEMENT AGENCIES ;16
21. E
LECT A CHAIR, VICE CHAIR, SECRETARY, TREASURER,17
AND SUCH OTHER OFFICERS OF THE COMMISSION AS18
PROVIDED IN THE COMMISSION'S BYLAWS;19
22. E
STABLISH AND ELECT AN EXECUTIVE COMMITTEE,20
INCLUDING A CHAIR AND A VICE CHAIR;21
23. A
DOPT AND PROVIDE TO THE MEMBER STATES AN ANNUAL22
REPORT;23
24. D
ETERMINE WHETHER A STATE'S ADOPTED LANGUAGE IS24
MATERIALLY DIFFERENT FROM THE MODEL COMPACT25
LANGUAGE SUCH THAT THE STATE WOULD NOT QUALIFY26
FOR PARTICIPATION IN THE COMPACT; AND27
1111
-22- 25. PERFORM SUCH OTHER FUNCTIONS AS MAY BE NECESSARY1
OR APPROPRIATE TO ACHIEVE THE PURPOSES OF THIS2
C
OMPACT.3
D. T
HE EXECUTIVE COMMITTEE4
1. T
HE EXECUTIVE COMMITTEE SHALL HAVE THE POWER TO5
ACT ON BEHALF OF THE COMMISSION ACCORDING TO THE6
TERMS OF THIS COMPACT. THE POWERS, DUTIES, AND7
RESPONSIBILITIES OF THE EXECUTIVE COMMITTEE SHALL8
INCLUDE:9
a. O
VERSEEING THE DAY-TO-DAY ACTIVITIES OF THE10
ADMINISTRATION OF THE COMPACT INCLUDING11
COMPLIANCE WITH THE PROVISIONS OF THE12
C
OMPACT, THE COMMISSION'S RULES AND BYLAWS,13
AND OTHER SUCH DUTIES AS DEEMED NECESSARY ; 14
b. R
ECOMMENDING TO THE COMMISSION CHANGES TO15
THE RULES OR BYLAWS, CHANGES TO THIS COMPACT16
LEGISLATION, FEES CHARGED TO COMPACT MEMBER17
S
TATES, FEES CHARGED TO LICENSEES, AND OTHER18
FEES;19
c. E
NSURING COMPACT ADMINISTRATION SERVICES20
ARE APPROPRIATELY PROVIDED , INCLUDING BY21
CONTRACT;22
d. P
REPARING AND RECOMMENDING THE BUDGET ;23
e. M
AINTAINING FINANCIAL RECORDS ON BEHALF OF24
THE COMMISSION;25
f. M
ONITORING COMPACT COMPLIANCE OF MEMBER26
S
TATES AND PROVIDING COMPLIANCE REPORTS TO27
1111
-23- THE COMMISSION;1
g. E
STABLISHING ADDITI ONAL COMMITTEES AS2
NECESSARY;3
h. E
XERCISING THE POWERS AND DUTIES OF THE4
C
OMMISSION DURING THE INTERIM BETWEEN5
C
OMMISSION MEETINGS, EXCEPT FOR ADOPTING OR6
AMENDING RULES, ADOPTING OR AMENDING7
BYLAWS, AND EXERCISING ANY OTHER POWERS AND8
DUTIES EXPRESSLY RESERVED TO THE COMMISSION9
BY RULE OR BYLAW; AND10
i. O
THER DUTIES AS PROVIDED IN THE RULES OR11
BYLAWS OF THE COMMISSION.12
2. T
HE EXECUTIVE COMMITTEE SHALL BE COMPOSED OF UP TO13
SEVEN VOTING MEMBERS:14
a. T
HE CHAIR AND VICE CHAIR OF THE COMMISSION15
AND ANY OTHER MEMBERS OF THE COMMISSION16
WHO SERVE ON THE EXECUTIVE COMMITTEE SHALL17
BE VOTING MEMBERS OF THE EXECUTIVE18
C
OMMITTEE; AND19
b. O
THER THAN THE CHAIR, VICE CHAIR, SECRETARY,20
AND TREASURER, THE COMMISSION SHALL ELECT21
THREE VOTING MEMBERS FROM THE CURRENT22
MEMBERSHIP OF THE COMMISSION.23
c. T
HE COMMISSION MAY ELECT EX OFFICIO ,24
NONVOTING MEMBERS FROM A RECOGNIZED25
NATIONAL COSMETOLOGY PROFESSI ONAL26
ASSOCIATION AS APPROVED BY THE COMMISSION.27
1111
-24- THE COMMISSION'S BYLAWS SHALL IDENTIFY1
QUALIFYING ORGANIZATIONS AND THE MANNER OF2
APPOINTMENT IF THE NUMBER OF ORGANIZATIONS3
SEEKING TO APPOINT AN EX OFFICIO MEMBER4
EXCEEDS THE NUMBER OF MEMBERS SPECIFIED IN5
THIS ARTICLE.6
3. T
HE COMMISSION MAY REMOVE ANY MEMBER OF THE7
E
XECUTIVE COMMITTEE AS PROVIDED IN THE COMMISSION'S8
BYLAWS.9
4. T
HE EXECUTIVE COMMITTEE SHALL MEET AT LEAST10
ANNUALLY.11
a. A
NNUAL EXECUTIVE COMMITTEE MEETINGS, AS12
WELL AS ANY EXECUTIVE COMMITTEE MEETING AT13
WHICH IT DOES NOT TAKE OR INTEND TO TAKE14
FORMAL ACTION ON A MATTER FOR WHICH A15
C
OMMISSION VOTE WOULD OTHERWISE BE16
REQUIRED, SHALL BE OPEN TO THE PUBLIC, EXCEPT17
THAT THE EXECUTIVE COMMITTEE MAY MEET IN A18
CLOSED, NON-PUBLIC SESSION OF A PUBLIC MEETING19
WHEN DEALING WITH ANY OF THE MATTERS20
COVERED UNDER ARTICLE 9.F.4.21
b. T
HE EXECUTIVE COMMITTEE SHALL GIVE FIVE22
BUSINESS DAYS' ADVANCE NOTICE OF ITS PUBLIC23
MEETINGS, POSTED ON ITS WEBSITE AND AS24
DETERMINED BY THE EXECUTIVE COMMITTEE, TO25
PROVIDE NOTICE TO PERSONS WITH AN INTEREST IN26
THE PUBLIC MATTERS THE EXECUTIVE COMMITTEE27
1111
-25- INTENDS TO ADDRESS AT THOSE MEETINGS .1
5. T
HE EXECUTIVE COMMITTEE MAY HOLD AN EMERGENCY2
MEETING WHEN ACTING FOR THE COMMISSION TO:3
a. M
EET AN IMMINENT THREAT TO PUBLIC HEALTH ,4
SAFETY, OR WELFARE;5
b. P
REVENT A LOSS OF COMMISSION OR MEMBER6
S
TATE FUNDS; OR7
c. P
ROTECT PUBLIC HEALTH AND SAFETY .8
E. T
HE COMMISSION SHALL ADOPT AND PROVIDE TO THE MEMBER9
S
TATES AN ANNUAL REPORT.10
F. M
EETINGS OF THE COMMISSION11
1. A
LL MEETINGS OF THE COMMISSION THAT ARE NOT CLOSED12
PURSUANT TO ARTICLE 9.F.4 SHALL BE OPEN TO THE13
PUBLIC. NOTICE OF PUBLIC MEETINGS SHALL BE POSTED ON14
THE COMMISSION'S WEBSITE AT LEAST THIRTY (30) DAYS15
PRIOR TO THE PUBLIC MEETING.16
2. N
OTWITHSTANDING ARTICLE 9.F.1, THE COMMISSION MAY17
CONVENE AN EMERGENCY PUBLIC MEETING BY PROVIDING18
AT LEAST TWENTY-FOUR (24) HOURS' PRIOR NOTICE ON THE19
C
OMMISSION'S WEBSITE, AND ANY OTHER MEANS AS20
PROVIDED IN THE COMMISSION'S RULES, FOR ANY OF THE21
REASONS IT MAY DISPENSE WITH NOTICE OF PROPOSED22
RULEMAKING UNDER ARTICLE 11.L. THE COMMISSION'S23
LEGAL COUNSEL SHALL CERTIFY THAT ONE OF THE REASONS24
JUSTIFYING AN EMERGENCY PUBLIC MEETING HAS BEEN25
MET.26
3. N
OTICE OF ALL COMMISSION MEETINGS SHALL PROVIDE THE27
1111
-26- TIME, DATE, AND LOCATION OF THE MEETING , AND IF THE1
MEETING IS TO BE HELD OR ACCESSIBLE VIA2
TELECOMMUNICATION , VIDEO CONFERENCE , OR OTHER3
ELECTRONIC MEANS, THE NOTICE SHALL INCLUDE THE4
MECHANISM FOR ACCESS TO THE MEETING .5
4. T
HE COMMISSION MAY CONVENE IN A CLOSED , NON-PUBLIC6
MEETING FOR THE COMMISSION TO DISCUSS:7
a. N
ON-COMPLIANCE OF A MEMBER STATE WITH ITS8
OBLIGATIONS UNDER THE COMPACT;9
b. T
HE EMPLOYMENT, COMPENSATION, DISCIPLINE, OR10
OTHER MATTERS, PRACTICES, OR PROCEDURES11
RELATED TO SPECIFIC EMPLOYEES OR OTHER12
MATTERS RELATED TO THE COMMISSION'S INTERNAL13
PERSONNEL PRACTICES OR PROCEDURES ;14
c. C
URRENT OR THREATENED DISCIPLINE OF A15
L
ICENSEE BY THE COMMISSION OR BY A MEMBER16
S
TATE'S LICENSING AUTHORITY;17
d. C
URRENT, THREATENED , OR REASONABLY18
ANTICIPATED LITIGATION;19
e. N
EGOTIATION OF CONTRACTS FOR THE PURCHASE ,20
LEASE, OR SALE OF GOODS, SERVICES, OR REAL21
ESTATE;22
f. A
CCUSING ANY PERSON OF A CRIME OR FORMALLY23
CENSURING ANY PERSON;24
g. T
RADE SECRETS OR COMMERCIAL OR FINANCIAL25
INFORMATION THAT IS PRIVILEGED OR26
CONFIDENTIAL;27
1111
-27- h. INFORMATION OF A PERSONAL NATURE WHERE1
DISCLOSURE WOULD CONSTITUTE A CLEARLY2
UNWARRANTED INVASION OF PERSONAL PRIVACY ;3
i. I
NVESTIGATIVE RECORDS COMPILED FOR LAW4
ENFORCEMENT PURPOSES ;5
j. I
NFORMATION RELATED TO ANY INVESTIGATIVE6
REPORTS PREPARED BY OR ON BEHALF OF OR FOR USE7
OF THE COMMISSION OR OTHER COMMITTEE8
CHARGED WITH RESPONSIBILITY OF INVESTIGATION9
OR DETERMINATION OF COMPLIANCE ISSUES10
PURSUANT TO THE COMPACT;11
k. L
EGAL ADVICE;12
l. M
ATTERS SPECIFICALLY EXEMPTED FROM13
DISCLOSURE TO THE PUBLIC BY FEDERAL OR14
M
EMBER STATE LAW; OR15
m. O
THER MATTERS AS PROMULGATED BY THE16
C
OMMISSION BY RULE.17
5. I
F A MEETING, OR PORTION OF A MEETING, IS CLOSED, THE18
PRESIDING OFFICER SHALL STATE THAT THE MEETING WILL19
BE CLOSED AND REFERENCE EACH RELEVANT EXEMPTING20
PROVISION, AND SUCH REFERENCE SHALL BE RECORDED IN21
THE MINUTES.22
6. T
HE COMMISSION SHALL KEEP MINUTES THAT FULLY AND23
CLEARLY DESCRIBE ALL MATTERS DISCUSSED IN A MEETING24
AND SHALL PROVIDE A FULL AND ACCURATE SUMMARY OF25
ACTIONS TAKEN AND THE REASONS THEREFORE , INCLUDING26
A DESCRIPTION OF THE VIEWS EXPRESSED. ALL DOCUMENTS27
1111
-28- CONSIDERED IN CONNECTION WITH AN ACTION SHALL BE1
IDENTIFIED IN SUCH MINUTES . ALL MINUTES AND2
DOCUMENTS OF A CLOSED MEETING SHALL REMAIN UNDER3
SEAL, SUBJECT TO RELEASE ONLY BY A MAJORITY VOTE OF4
THE COMMISSION OR ORDER OF A COURT OF COMPETENT5
JURISDICTION.6
G. F
INANCING OF THE COMMISSION7
1. T
HE COMMISSION SHALL PAY , OR PROVIDE FOR THE8
PAYMENT OF, THE REASONABLE EXPENSES OF ITS9
ESTABLISHMENT, ORGANIZATION, AND ONGOING ACTIVITIES.10
2. T
HE COMMISSION MAY ACCEPT ANY AND ALL APPROPRIATE11
SOURCES OF REVENUE , DONATIONS, AND GRANTS OF12
MONEY, EQUIPMENT, SUPPLIES, MATERIALS, AND SERVICES.13
3. T
HE COMMISSION MAY LEVY ON AND COLLECT AN ANNUAL14
ASSESSMENT FROM EACH MEMBER STATE AND IMPOSE FEES15
ON LICENSEES OF MEMBER STATES TO WHOM IT GRANTS A16
M
ULTISTATE LICENSE TO COVER THE COST OF THE17
OPERATIONS AND ACTIVITIES OF THE COMMISSION AND ITS18
STAFF, WHICH MUST BE IN A TOTAL AMOUNT SUFFICIENT TO19
COVER ITS ANNUAL BUDGET AS APPROVED EACH YEAR FOR20
WHICH REVENUE IS NOT PROVIDED BY OTHER SOURCES . THE21
AGGREGATE ANNUAL ASSESSMENT AMOUNT FOR MEMBER22
S
TATES SHALL BE ALLOCATED BASED UPON A FORMULA23
THAT THE COMMISSION SHALL PROMULGATE BY RULE.24
4. T
HE COMMISSION SHALL NOT INCUR OBLIGATIONS OF ANY25
KIND PRIOR TO SECURING THE FUNDS ADEQUATE TO MEET26
THE SAME; NOR SHALL THE COMMISSION PLEDGE THE27
1111
-29- CREDIT OF ANY MEMBER STATES, EXCEPT BY AND WITH THE1
AUTHORITY OF THE MEMBER STATE.2
5. T
HE COMMISSION SHALL KEEP ACCURATE ACCOUNTS OF ALL3
RECEIPTS AND DISBURSEMENTS . THE RECEIPTS AND4
DISBURSEMENTS OF THE COMMISSION SHALL BE SUBJECT TO5
THE FINANCIAL REVIEW AND ACCOUNTING PROCEDURES6
ESTABLISHED UNDER ITS BYLAWS . ALL RECEIPTS AND7
DISBURSEMENTS OF FUNDS HANDLED BY THE COMMISSION8
SHALL BE SUBJECT TO AN ANNUAL FINANCIAL REVIEW BY A9
CERTIFIED OR LICENSED PUBLIC ACCOUNTANT , AND THE10
REPORT OF THE FINANCIAL REVIEW SHALL BE INCLUDED IN11
AND BECOME PART OF THE ANNUAL REPORT OF THE12
C
OMMISSION.13
H. Q
UALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION14
1. T
HE MEMBERS , OFFICERS, EXECUTIVE DIRECTOR ,15
EMPLOYEES, AND REPRESENTATIVES OF THE COMMISSION16
ARE IMMUNE FROM SUIT AND LIABILITY, BOTH PERSONALLY17
AND IN THEIR OFFICIAL CAPACITY, FOR ANY CLAIM FOR18
DAMAGE TO OR LOSS OF PROPERTY OR PERSONAL INJURY OR19
OTHER CIVIL LIABILITY CAUSED BY OR ARISING OUT OF ANY20
ACTUAL OR ALLEGED ACT , ERROR, OR OMISSION THAT21
OCCURRED, OR THAT THE PERSON AGAINST WHOM THE22
CLAIM IS MADE HAD A REASONABLE BASIS FOR BELIEVING23
OCCURRED WITHIN THE SCOPE OF COMMISSION24
EMPLOYMENT, DUTIES, OR RESPONSIBILITIES; PROVIDED25
THAT NOTHING IN THIS PARAGRAPH H.1. SHALL BE26
CONSTRUED TO PROTECT ANY SUCH PERSON FROM SUIT OR27
1111
-30- LIABILITY FOR ANY DAMAGE, LOSS, INJURY, OR LIABILITY1
CAUSED BY THE INTENTIONAL OR WILLFUL OR WANTON2
MISCONDUCT OF THAT PERSON . THE PROCUREMENT OF3
INSURANCE OF ANY TYPE BY THE COMMISSION DOES NOT IN4
ANY WAY COMPROMISE OR LIMIT THE IMMUNITY GRANTED5
HEREUNDER.6
2. T
HE COMMISSION SHALL DEFEND ANY MEMBER , OFFICER,7
EXECUTIVE DIRECTOR, EMPLOYEE, AND REPRESENTATIVE OF8
THE COMMISSION IN ANY CIVIL ACTION SEEKING TO IMPOSE9
LIABILITY ARISING OUT OF ANY ACTUAL OR ALLEGED ACT ,10
ERROR, OR OMISSION THAT OCCURRED WITHIN THE SCOPE OF11
C
OMMISSION EMPLOYMENT , DUTIES, OR RESPONSIBILITIES,12
OR AS DETERMINED BY THE COMMISSION THAT THE PERSON13
AGAINST WHOM THE CLAIM IS MADE HAD A REAS ONABLE14
BASIS FOR BELIEVING OCCURRED WITHIN THE SCOPE OF15
C
OMMISSION EMPLOYMENT , DUTIES, OR RESPONSIBILITIES;16
PROVIDED THAT NOTHING HEREIN SHALL BE CONSTRUED TO17
PROHIBIT THAT PERSON FROM RETAINING THEIR OWN18
COUNSEL AT THEIR OWN EXPENSE; AND PROVIDED FURTHER,19
THAT THE ACTUAL OR ALLEGED ACT , ERROR, OR OMISSION20
DID NOT RESULT FROM THAT PERSON 'S INTENTIONAL OR21
WILLFUL OR WANTON MISCONDUCT .22
3. T
HE COMMISSION SHALL INDEMNIFY AND HOLD HARMLESS23
ANY MEMBER, OFFICER, EXECUTIVE DIRECTOR, EMPLOYEE,24
AND REPRESENTATIVE OF THE COMMISSION FOR THE25
AMOUNT OF ANY SETTLEMENT OR JUDGMENT OBTAINED26
AGAINST THAT PERSON ARISING OUT OF ANY ACTUAL OR27
1111
-31- ALLEGED ACT, ERROR, OR OMISSION THAT OCCURRED1
WITHIN THE SCOPE OF COMMISSION EMPLOYMENT , DUTIES,2
OR RESPONSIBILITIES, OR THAT SUCH PERSON HAD A3
REASONABLE BASIS FOR BELIEVING OCCURRED WITHIN THE4
SCOPE OF COMMISSION EMPLOYMENT , DUTIES, OR5
RESPONSIBILITIES, PROVIDED THAT THE ACTUAL OR6
ALLEGED ACT, ERROR, OR OMISSION DID NOT RESULT FROM7
THE INTENTIONAL OR WILLFUL OR WANTON MISCONDUCT OF8
THAT PERSON.9
4. N
OTHING HEREIN SHALL BE CONSTRUED AS A LIMITATION10
ON THE LIABILITY OF ANY LICENSEE FOR PROFESSIONAL11
MALPRACTICE OR MISCONDUCT , WHICH SHALL BE12
GOVERNED SOLELY BY ANY OTHER APPLICABLE STATE13
LAWS.14
5. N
OTHING IN THIS COMPACT SHALL BE INTERPRETED TO15
WAIVE OR OTHERWISE ABROGATE A MEMBER STATE'S16
S
TATE ACTION IMMUNITY OR STATE ACTION AFFIRMATIVE17
DEFENSE WITH RESPECT TO ANTITRUST CLAIMS UNDER THE18
S
HERMAN ACT, CLAYTON ACT, OR ANY OTHER STATE OR19
FEDERAL ANTITRUST OR ANTICOMPETITIVE LAW OR20
REGULATION.21
6. N
OTHING IN THIS COMPACT SHALL BE CONSTRUED TO BE A22
WAIVER OF SOVEREIGN IMMUNITY BY THE MEMBER STATES23
OR BY THE COMMISSION.24
ARTICLE 10 - DATA SYSTEM25
A. T
HE COMMISSION SHALL PROVIDE FOR THE DEVELOPMENT ,26
MAINTENANCE, OPERATION, AND UTILIZATION OF A COORDINATED27
1111
-32- DATABASE AND REPORTING SYSTEM .1
B. T
HE COMMISSION SHALL ASSIGN EACH APPLICANT FOR A2
M
ULTISTATE LICENSE A UNIQUE IDENTIFIER, AS DETERMINED BY3
THE RULES OF THE COMMISSION.4
C. N
OTWITHSTANDING ANY OTHER PROVISION OF STATE LAW TO THE5
CONTRARY, A MEMBER STATE SHALL SUBMIT A UNIFORM DATA SET6
TO THE DATA SYSTEM ON ALL INDIVIDUALS TO WHOM THIS7
C
OMPACT IS APPLICABLE AS REQUIRED BY THE RULES OF THE8
C
OMMISSION, INCLUDING:9
1. I
DENTIFYING INFORMATION;10
2. L
ICENSURE DATA;11
3. A
DVERSE ACTIONS AGAINST A LICENSE AND INFORMATION12
RELATED THERETO;13
4. N
ON-CONFIDENTIAL INFORMATION RELATED TO14
A
LTERNATIVE PROGRAM PARTICIPATION, THE BEGINNING15
AND ENDING DATES OF SUCH PARTICIPATION , AND OTHER16
INFORMATION RELATED TO SUCH PARTICIPATION ;17
5. A
NY DENIAL OF APPLICATION FOR LICENSURE , AND THE18
REASON(S) FOR SUCH DENIAL (EXCLUDING THE REPORTING19
OF ANY CRIMINAL HISTORY RECORD INFORMATION WHERE20
PROHIBITED BY LAW);21
6. T
HE EXISTENCE OF INVESTIGATIVE INFORMATION;22
7. T
HE EXISTENCE OF CURRENT SIGNIFICANT INVESTIGATIVE23
I
NFORMATION; AND24
8. O
THER INFORMATION THAT MAY FACILITATE THE25
ADMINISTRATION OF THIS COMPACT OR THE PROTECTION OF26
THE PUBLIC, AS DETERMINED BY THE RULES OF THE27
1111
-33- COMMISSION.1
D. T
HE RECORDS AND INFORMATION PROVIDED TO A MEMBER STATE2
PURSUANT TO THIS COMPACT OR THROUGH THE DATA SYSTEM,3
WHEN CERTIFIED BY THE COMMISSION OR AN AGENT THEREOF ,4
CONSTITUTE THE AUTHENTICATED BUSINESS RECORDS OF THE5
C
OMMISSION, AND SHALL BE ENTITLED TO ANY ASSOCIATED6
HEARSAY EXCEPTION IN ANY RELEVANT JUDICIAL , QUASI-JUDICIAL,7
OR ADMINISTRATIVE PROCEEDINGS IN A MEMBER STATE.8
E. T
HE EXISTENCE OF CURRENT SIGNIFICANT INVESTIGATIVE9
I
NFORMATION AND THE EXISTENCE OF INVESTIGATIVE10
I
NFORMATION PERTAINING TO A LICENSEE IN ANY MEMBER STATE11
WILL ONLY BE AVAILABLE TO OTHER MEMBER STATES.12
F. I
T IS THE RESPONSIBILITY OF THE MEMBER STATES TO MONITOR13
THE DATABASE TO DETERMINE WHETHER ADVERSE ACTION HAS14
BEEN TAKEN AGAINST SUCH A LICENSEE OR LICENSE APPLICANT.15
A
DVERSE ACTION INFORMATION PERTAINING TO A LICENSEE OR16
L
ICENSE APPLICANT IN ANY MEMBER STATE WILL BE AVAILABLE17
TO ANY OTHER MEMBER STATE.18
G. M
EMBER STATES CONTRIBUTING INFORMATION TO THE DATA19
S
YSTEM MAY DESIGNATE INFORMATION THAT MAY NOT BE SHARED20
WITH THE PUBLIC WITHOUT THE EXPRESS PERMISSION OF THE21
CONTRIBUTING STATE.22
H. A
NY INFORMATION SUBMITTED TO THE DATA SYSTEM THAT IS23
SUBSEQUENTLY EXPUNGED PURSUANT TO FEDERAL LAW OR THE24
LAWS OF THE MEMBER STATE CONTRIBUTING THE INFORMATION25
SHALL BE REMOVED FROM THE DATA SYSTEM.26
ARTICLE 11 - RULEMAKING27
1111
-34- A. THE COMMISSION SHALL PROMULGATE REASONABLE RULES IN1
ORDER TO EFFECTIVELY AND EFFICIENTLY IMPLEMENT AND2
ADMINISTER THE PURPOSES AND PROVISIONS OF THE COMPACT. A3
R
ULE IS INVALID AND HAS NO FORCE OR EFFECT ONLY IF A COURT4
OF COMPETENT JURISDICTION HOLDS THAT THE RULE IS INVALID5
BECAUSE THE COMMISSION EXERCISED ITS RULEMAKING6
AUTHORITY IN A MANNER THAT IS BEYOND THE SCOPE AND7
PURPOSES OF THE COMPACT, OR THE POWERS GRANTED8
HEREUNDER, OR BASED UPON ANOTHER APPLICABLE STANDARD OF9
REVIEW.10
B. T
HE RULES OF THE COMMISSION HAVE THE FORCE OF LAW IN EACH11
M
EMBER STATE, PROVIDED, HOWEVER, THAT WHERE THE RULES OF12
THE COMMISSION CONFLICT WITH THE LAWS OF THE MEMBER13
S
TATE THAT ESTABLISH THE MEMBER STATE'S SCOPE OF PRACTICE14
LAWS GOVERNING THE PRACTICE OF COSMETOLOGY AS HELD BY A15
COURT OF COMPETENT JURISDICTION , THE RULES OF THE16
C
OMMISSION ARE INEFFECTIVE IN THAT STATE TO THE EXTENT OF17
THE CONFLICT.18
C. T
HE COMMISSION SHALL EXERCISE ITS RULEMAKING POWERS19
PURSUANT TO THE CRITERIA SET FORTH IN THIS ARTICLE AND THE20
R
ULES ADOPTED BECOME BINDING AS OF THE DATE SPECIFIED BY21
THE COMMISSION FOR EACH RULE.22
D. I
F A MAJORITY OF THE LEGISLATURES OF THE MEMBER STATES23
REJECTS A RULE OR PORTION OF A RULE, BY ENACTMENT OF A24
STATUTE OR RESOLUTION IN THE SAME MANNER USED TO ADOPT25
THE COMPACT WITHIN FOUR (4) YEARS OF THE DATE OF ADOPTION26
OF THE RULE, THEN SUCH RULE HAS NO FURTHER FORCE AND27
1111
-35- EFFECT IN ANY MEMBER STATE OR TO ANY STATE APPLYING TO1
PARTICIPATE IN THE COMPACT.2
E. R
ULES SHALL BE ADOPTED AT A REGULAR OR SPECIAL MEETING OF3
THE COMMISSION.4
F. P
RIOR TO ADOPTION OF A PROPOSED RULE, THE COMMISSION SHALL5
HOLD A PUBLIC HEARING AND ALLOW PERSONS TO PROVIDE ORAL6
AND WRITTEN COMMENTS , DATA, FACTS, OPINIONS, AND7
ARGUMENTS.8
G. P
RIOR TO ADOPTION OF A PROPOSED RULE BY THE COMMISSION,9
AND AT LEAST THIRTY (30) DAYS IN ADVANCE OF THE MEETING AT10
WHICH THE COMMISSION WILL HOLD A PUBLIC HEARING ON THE11
PROPOSED RULE, THE COMMISSION SHALL PROVIDE A NOTICE OF12
PROPOSED RULEMAKING :13
1. O
N THE WEBSITE OF THE COMMISSION OR OTHER PUBLICLY14
ACCESSIBLE PLATFORM;15
2. T
O PERSONS WHO HAVE REQUESTED NOTICE OF THE16
C
OMMISSION'S NOTICES OF PROPOSED RULEMAKING ; AND17
3. I
N SUCH OTHER WAY(S) AS THE COMMISSION MAY BY RULE18
SPECIFY.19
H. T
HE NOTICE OF PROPOSED RULEMAKING SHALL INCLUDE :20
1. T
HE TIME, DATE, AND LOCATION OF THE PUBLIC HEARING AT21
WHICH THE COMMISSION WILL HEAR PUBLIC COMMENTS ON22
THE PROPOSED RULE AND, IF DIFFERENT, THE TIME, DATE,23
AND LOCATION OF THE MEETING WHERE THE COMMISSION24
WILL CONSIDER AND VOTE ON THE PROPOSED RULE;25
2. I
F THE HEARING IS HELD VIA TELECOMMUNICATION , VIDEO26
CONFERENCE, OR OTHER ELECTRONIC MEANS , THE27
1111
-36- MECHANISM FOR ACCESS TO THE HEARING IN THE NOTICE OF1
PROPOSED RULEMAKING ;2
3. T
HE TEXT OF THE PROPOSED RULE AND THE REASON3
THEREFOR;4
4. A
REQUEST FOR COMMENTS ON THE PROPOSED RULE FROM5
ANY INTERESTED PERSON; AND6
5. T
HE MANNER IN WHICH INTERESTED PERSONS MAY SUBMIT7
WRITTEN COMMENTS.8
I. A
LL HEARINGS WILL BE RECORDED . A COPY OF THE RECORDING9
AND ALL WRITTEN COMMENTS AND DOCUMENTS RECEIVED BY THE10
C
OMMISSION IN RESPONSE TO THE PROPOSED RULE SHALL BE11
AVAILABLE TO THE PUBLIC.12
J. N
OTHING IN THIS ARTICLE SHALL BE CONSTRUED AS REQUIRING A13
SEPARATE HEARING ON EACH RULE. RULES MAY BE GROUPED FOR14
THE CONVENIENCE OF THE COMMISSION AT HEARINGS REQUIRED BY15
THIS ARTICLE.16
K. T
HE COMMISSION SHALL, BY MAJORITY VOTE OF ALL MEMBERS ,17
TAKE FINAL ACTION ON THE PROPOSED RULE BASED ON THE18
RULEMAKING RECORD AND THE FULL TEXT OF THE RULE.19
1. T
HE COMMISSION MAY ADOPT CHANGES TO THE PROPOSED20
R
ULE PROVIDED THE CHANGES DO NOT ENLARGE THE21
ORIGINAL PURPOSE OF THE PROPOSED RULE.22
2. T
HE COMMISSION SHALL PROVIDE AN EXPLANATION OF THE23
REASONS FOR SUBSTANTIVE CHANGES MADE TO THE24
PROPOSED RULE AS WELL AS REASONS FOR SUBSTANTIVE25
CHANGES NOT MADE THAT WERE RECOMMENDED BY26
COMMENTERS.27
1111
-37- 3. THE COMMISSION SHALL DETERMINE A REASONABLE1
EFFECTIVE DATE FOR THE RULE. EXCEPT FOR AN2
EMERGENCY AS PROVIDED IN ARTICLE 11.L, THE EFFECTIVE3
DATE OF THE RULE SHALL BE NO SOONER THAN FORTY -FIVE4
(45)
DAYS AFTER THE COMMISSION ISSUING THE NOTICE5
THAT IT ADOPTED OR AMENDED THE RULE.6
L. U
PON DETERMINATION THAT AN EMERGENCY EXISTS , THE7
C
OMMISSION MAY CONSIDER AND ADOPT AN EMERGENCY RULE8
WITH FIVE (5) DAYS' NOTICE, WITH OPPORTUNITY TO COMMENT ,9
PROVIDED THAT THE USUAL RULEMAKING PROCEDURES PROVIDED10
IN THE COMPACT AND IN THIS ARTICLE SHALL BE RETROACTIVELY11
APPLIED TO THE RULE AS SOON AS REASONABLY POSSIBLE , IN NO12
EVENT LATER THAN NINETY (90) DAYS AFTER THE EFFECTIVE DATE13
OF THE RULE. FOR THE PURPOSES OF THIS PROVISION , AN14
EMERGENCY RULE IS ONE THAT MUST BE ADOPTED IMMEDIATELY15
TO:16
1. M
EET AN IMMINENT THREAT TO PUBLIC HEALTH , SAFETY,17
OR WELFARE;18
2. P
REVENT A LOSS OF COMMISSION OR MEMBER STATE19
FUNDS;20
3. M
EET A DEADLINE FOR THE PROMULGATION OF A RULE21
THAT IS ESTABLISHED BY FEDERAL LAW OR RULE ; OR22
4. P
ROTECT PUBLIC HEALTH AND SAFETY .23
M. T
HE COMMISSION OR AN AUTHORIZED COMMITTEE OF THE24
C
OMMISSION MAY DIRECT REVISIONS TO A PREVIOUSLY ADOPTED25
R
ULE FOR PURPOSES OF CORRECTING TYPOGRAPHICAL ERRORS ,26
ERRORS IN FORMAT, ERRORS IN CONSISTENCY, OR GRAMMATICAL27
1111
-38- ERRORS. PUBLIC NOTICE OF ANY REVISIONS SHALL BE POSTED ON1
THE WEBSITE OF THE COMMISSION. THE REVISION IS SUBJECT TO2
CHALLENGE BY ANY PERSON FOR A PERIOD OF THIRTY (30) DAYS3
AFTER POSTING. THE REVISION MAY BE CHALLENGED ONLY ON4
GROUNDS THAT THE REVISION RESULTS IN A MATERIAL CHANGE TO5
A RULE. A CHALLENGE SHALL BE MADE IN WRITING AND6
DELIVERED TO THE COMMISSION PRIOR TO THE END OF THE NOTICE7
PERIOD. IF NO CHALLENGE IS MADE , THE REVISION WILL TAKE8
EFFECT WITHOUT FURTHER ACTION . IF THE REVISION IS9
CHALLENGED, THE REVISION MAY NOT TAKE EFFECT WITHOUT THE10
APPROVAL OF THE COMMISSION.11
N. N
O MEMBER STATE'S RULEMAKING REQUIREMENTS APPLY UNDER12
THIS COMPACT.13
ARTICLE 12 - OVERSIGHT, DISPUTE RESOLUTION,14
AND ENFORCEMENT15
A. O
VERSIGHT16
1. T
HE EXECUTIVE AND JUDICIAL BRANCHES OF STATE17
GOVERNMENT IN EACH MEMBER STATE SHALL ENFORCE18
THIS COMPACT AND TAKE ALL ACTIONS NECESSARY AND19
APPROPRIATE TO IMPLEMENT THE COMPACT.20
2. V
ENUE IS PROPER AND JUDICIAL PROCEEDINGS BY OR21
AGAINST THE COMMISSION SHALL BE BROUGHT SOLELY AND22
EXCLUSIVELY IN A COURT OF COMPETENT JURISDICTION23
WHERE THE PRINCIPAL OFFICE OF THE COMMISSION IS24
LOCATED. THE COMMISSION MAY WAIVE VENUE AND25
JURISDICTIONAL DEFENSES TO THE EXTENT IT ADOPTS OR26
CONSENTS TO PARTICIPATE IN ALTERNATIVE DISPUTE27
1111
-39- RESOLUTION PROCEEDINGS. NOTHING HEREIN AFFECTS OR1
LIMITS THE SELECTION OR PROPRIETY OF VENUE IN ANY2
ACTION AGAINST A LICENSEE FOR PROFESSIONAL3
MALPRACTICE, MISCONDUCT, OR ANY SUCH SIMILAR4
MATTER.5
3. T
HE COMMISSION SHALL BE ENTITLED TO RECEIVE SERVICE6
OF PROCESS IN ANY PROCEEDING REGARDING THE7
ENFORCEMENT OR INTERPRETATION OF THE COMPACT AND8
SHALL HAVE STANDING TO INTERVENE IN SUCH A9
PROCEEDING FOR ALL PURPOSES. FAILURE TO PROVIDE THE10
C
OMMISSION SERVICE OF PROCESS RENDERS A JUDGMENT11
OR ORDER VOID AS TO THE COMMISSION, THIS COMPACT, OR12
PROMULGATED RULES.13
B. D
EFAULT, TECHNICAL ASSISTANCE, AND TERMINATION14
1. I
F THE COMMISSION DETERMINES THAT A MEMBER STATE15
HAS DEFAULTED IN THE PERFORMANCE OF ITS OBLIGATIONS16
OR RESPONSIBILITIES UNDER THIS COMPACT OR THE17
PROMULGATED RULES, THE COMMISSION SHALL PROVIDE18
WRITTEN NOTICE TO THE DEFAULTING STATE. THE NOTICE19
OF DEFAULT SHALL DESCRIBE THE DEFAULT , THE PROPOSED20
MEANS OF CURING THE DEFAULT , AND ANY OTHER ACTION21
THAT THE COMMISSION MAY TAKE , AND SHALL OFFER22
TRAINING AND SPECIFIC TECHNICAL ASSISTANCE REGARDING23
THE DEFAULT.24
2. T
HE COMMISSION SHALL PROVIDE A COPY OF THE NOTICE OF25
DEFAULT TO THE OTHER MEMBER STATES.26
3. I
F A STATE IN DEFAULT FAILS TO CURE THE DEFAULT , THE27
1111
-40- DEFAULTING STATE MAY BE TERMINATED FROM THE1
C
OMPACT UPON AN AFFIRMATIVE VOTE OF A MAJORITY OF2
THE DELEGATES OF THE MEMBER STATES, AND ALL RIGHTS,3
PRIVILEGES, AND BENEFITS CONFERRED ON THAT STATE BY4
THIS COMPACT MAY BE TERMINATED ON THE EFFECTIVE5
DATE OF TERMINATION. A CURE OF THE DEFAULT DOES NOT6
RELIEVE THE OFFENDING STATE OF OBLIGATIONS OR7
LIABILITIES INCURRED DURING THE PERIOD OF DEFAULT .8
4. T
ERMINATION OF MEMBERSHIP IN THE COMPACT SHALL BE9
IMPOSED ONLY AFTER ALL OTHER MEANS OF SECURING10
COMPLIANCE HAVE BEEN EXHAUSTED . NOTICE OF INTENT TO11
SUSPEND OR TERMINATE SHALL BE GIVEN BY THE12
C
OMMISSION TO THE GOVERNOR , THE MAJORITY AND13
MINORITY LEADERS OF THE DEFAULTING STATE'S14
LEGISLATURE, THE DEFAULTING STATE'S STATE LICENSING15
A
UTHORITY, AND EACH OF THE MEMBER STATES' STATE16
L
ICENSING AUTHORITY.17
5. A
STATE THAT HAS BEEN TERMINATED IS RESPONSIBLE FOR18
ALL ASSESSMENTS , OBLIGATIONS, AND LIABILITIES19
INCURRED THROUGH THE EFFECTIVE DATE OF TERMINATION ,20
INCLUDING OBLIGATIONS THAT EXTEND BEYOND THE21
EFFECTIVE DATE OF TERMINATION.22
6. U
PON THE TERMINATION OF A STATE'S MEMBERSHIP FROM23
THIS COMPACT, THAT STATE SHALL IMMEDIATELY PROVIDE24
NOTICE TO ALL LICENSEES WHO HOLD A MULTISTATE25
L
ICENSE WITHIN THAT STATE OF SUCH TERMINATION. THE26
TERMINATED STATE SHALL CONTINUE TO RECOGNIZE ALL27
1111
-41- LICENSES GRANTED PURSUANT TO THIS COMPACT FOR A1
MINIMUM OF ONE HUNDRED EIGHTY (180) DAYS AFTER THE2
DATE OF SAID NOTICE OF TERMINATION.3
7. T
HE COMMISSION SHALL NOT BEAR ANY COSTS RELATED TO4
A STATE THAT IS FOUND TO BE IN DEFAULT OR THAT HAS5
BEEN TERMINATED FROM THE COMPACT, UNLESS AGREED6
UPON IN WRITING BETWEEN THE COMMISSION AND THE7
DEFAULTING STATE.8
8. T
HE DEFAULTING STATE MAY APPEAL THE ACTION OF THE9
C
OMMISSION BY PETITIONING THE UNITED STATES DISTRICT10
C
OURT FOR THE DISTRICT OF COLUMBIA OR THE FEDERAL11
DISTRICT WHERE THE COMMISSION HAS ITS PRINCIPAL12
OFFICES. THE PREVAILING PARTY SHALL BE AWARDED ALL13
COSTS OF SUCH LITIGATION , INCLUDING REASONABLE14
ATTORNEY'S FEES.15
C. D
ISPUTE RESOLUTION16
1. U
PON REQUEST BY A MEMBER STATE, THE COMMISSION17
SHALL ATTEMPT TO RESOLVE DISPUTES RELATED TO THE18
C
OMPACT THAT ARISE AMONG MEMBER STATES AND19
BETWEEN MEMBER AND NON-MEMBER STATES.20
2. T
HE COMMISSION SHALL PROMULGATE A RULE PROVIDING21
FOR BOTH MEDIATION AND BINDING DISPUTE RESOLUTION22
FOR DISPUTES AS APPROPRIATE.23
D. E
NFORCEMENT24
1. T
HE COMMISSION, IN THE REASONABLE EXERCISE OF ITS25
DISCRETION, SHALL ENFORCE THE PROVISIONS OF THIS26
C
OMPACT AND THE COMMISSION'S RULES.27
1111
-42- 2. BY MAJORITY VOTE AS PROVIDED BY COMMISSION RULE,1
THE COMMISSION MAY INITIATE LEGAL ACTION AGAINST A2
M
EMBER STATE IN DEFAULT IN THE UNITED STATES3
D
ISTRICT COURT FOR THE DISTRICT OF COLUMBIA OR THE4
FEDERAL DISTRICT WHERE THE COMMISSION HAS ITS5
PRINCIPAL OFFICES TO ENFORCE COMPLIANCE WITH THE6
PROVISIONS OF THE COMPACT AND ITS PROMULGATED7
R
ULES. THE RELIEF SOUGHT MAY INCLUDE BOTH8
INJUNCTIVE RELIEF AND DAMAGES. IN THE EVENT JUDICIAL9
ENFORCEMENT IS NECESSARY , THE PREVAILING PARTY10
SHALL BE AWARDED ALL COSTS OF SUCH LITIGATION ,11
INCLUDING REASONABLE ATTORNEY 'S FEES. THE REMEDIES12
HEREIN ARE NOT THE EXCLUSIVE REMEDIES OF THE13
C
OMMISSION. THE COMMISSION MAY PURSUE ANY OTHER14
REMEDIES AVAILABLE UNDER FEDERAL OR THE DEFAULTING15
M
EMBER STATE'S LAW.16
3. A
MEMBER STATE MAY INITIATE LEGAL ACTION AGAINST17
THE COMMISSION IN THE UNITED STATES DISTRICT COURT18
FOR THE DISTRICT OF COLUMBIA OR THE FEDERAL DISTRICT19
WHERE THE COMMISSION HAS ITS PRINCIPAL OFFICES TO20
ENFORCE COMPLIANCE WITH THE PROVISIONS OF THE21
C
OMPACT AND ITS PROMULGATED RULES. THE RELIEF22
SOUGHT MAY INCLUDE BOTH INJUNCTIVE RELIEF AND23
DAMAGES. IN THE EVENT JUDICIAL ENFORCEMENT IS24
NECESSARY, THE PREVAILING PARTY SHALL BE AWARDED25
ALL COSTS OF SUCH LITIGATION, INCLUDING REASONABLE26
ATTORNEY'S FEES.27
1111
-43- 4. NO INDIVIDUAL OR ENTITY OTHER THAN A MEMBER STATE1
MAY ENFORCE THIS COMPACT AGAINST THE COMMISSION.2
ARTICLE 13 - EFFECTIVE DATE, WITHDRAWAL,3
AND AMENDMENT4
A. T
HE COMPACT COMES INTO EFFECT ON THE DATE ON WHICH THE5
C
OMPACT STATUTE IS ENACTED INTO LAW IN THE SEVENTH6
M
EMBER STATE.7
1. O
N OR AFTER THE EFFECTIVE DATE OF THE COMPACT, THE8
C
OMMISSION SHALL CONVENE AND REVIEW THE9
ENACTMENT OF EACH OF THE CHARTER MEMBER STATES TO10
DETERMINE IF THE STATUTE ENACTED BY EACH SUCH11
C
HARTER MEMBER STATE IS MATERIALLY DIFFERENT THAN12
THE MODEL COMPACT STATUTE.13
a. A
CHARTER MEMBER STATE WHOSE ENACTMENT IS14
FOUND TO BE MATERIALLY DIFFERENT FROM THE15
MODEL COMPACT STATUTE IS ENTITLED TO THE16
DEFAULT PROCESS SET FORTH IN ARTICLE 12.17
b. I
F ANY MEMBER STATE IS LATER FOUND TO BE IN18
DEFAULT, OR IS TERMINATED OR WITHDRAWS FROM19
THE COMPACT, THE COMMISSION REMAINS IN20
EXISTENCE AND THE COMPACT REMAINS IN EFFECT21
EVEN IF THE NUMBER OF MEMBER STATES SHOULD22
BE LESS THAN SEVEN (7).23
2. M
EMBER STATES ENACTING THE COMPACT SUBSEQUENT TO24
THE CHARTER MEMBER STATES ARE SUBJECT TO THE25
PROCESS SET FORTH IN ARTICLE 9.C.24 TO DETERMINE IF26
THEIR ENACTMENTS ARE MATERIALLY DIFFERENT FROM THE27
1111
-44- MODEL COMPACT STATUTE AND WHETHER THEY QUALIFY1
FOR PARTICIPATION IN THE COMPACT.2
3. A
LL ACTIONS TAKEN FOR THE BENEFIT OF THE COMMISSION3
OR IN FURTHERANCE OF THE PURPOSES OF THE4
ADMINISTRATION OF THE COMPACT PRIOR TO THE5
EFFECTIVE DATE OF THE COMPACT OR THE COMMISSION6
COMING INTO EXISTENCE SHALL BE CONSIDERED TO BE7
ACTIONS OF THE COMMISSION UNLESS SPECIFICALLY8
REPUDIATED BY THE COMMISSION.9
4. A
NY STATE THAT JOINS THE COMPACT IS SUBJECT TO THE10
C
OMMISSION'S RULES AND BYLAWS AS THEY EXIST ON THE11
DATE ON WHICH THE COMPACT BECOMES LAW IN THAT12
S
TATE. ANY RULE THAT HAS BEEN PREVIOUSLY ADOPTED13
BY THE COMMISSION HAS THE FULL FORCE AND EFFECT OF14
LAW ON THE DAY THE COMPACT BECOMES LAW IN THAT15
S
TATE.16
B. A
NY MEMBER STATE MAY WITHDRAW FROM THIS COMPACT BY17
ENACTING A STATUTE REPEALING THAT STATE'S ENACTMENT OF18
THE COMPACT.19
1. A
MEMBER STATE'S WITHDRAWAL SHALL NOT TAKE EFFECT20
UNTIL ONE HUNDRED EIGHTY (180) DAYS AFTER21
ENACTMENT OF THE REPEALING STATUTE .22
2. W
ITHDRAWAL DOES NOT AFFECT THE CONTINUING23
REQUIREMENT OF THE WITHDRAWING STATE'S STATE24
L
ICENSING AUTHORITY TO COMPLY WITH THE25
INVESTIGATIVE AND ADVERSE ACTION REPORTING26
REQUIREMENTS OF THIS COMPACT PRIOR TO THE EFFECTIVE27
1111
-45- DATE OF WITHDRAWAL.1
3. U
PON THE ENACTMENT OF A STATUTE WITHDRAWING FROM2
THIS COMPACT, A STATE SHALL IMMEDIATELY PROVIDE3
NOTICE OF SUCH WITHDRAWAL TO ALL LICENSEES WITHIN4
THAT STATE. NOTWITHSTANDING ANY SUBSEQUENT5
STATUTORY ENACTMENT TO THE CONTRARY , SUCH6
WITHDRAWING STATE SHALL CONTINUE TO RECOGNIZE ALL7
LICENSES GRANTED PURSUANT TO THIS COMPACT FOR A8
MINIMUM OF ONE HUNDRED EIGHTY (180) DAYS AFTER THE9
DATE OF SUCH NOTICE OF WITHDRAWAL .10
C. N
OTHING CONTAINED IN THIS COMPACT SHALL BE CONSTRUED TO11
INVALIDATE OR PREVENT ANY LICENSURE AGREEMENT OR OTHER12
COOPERATIVE ARRANGEMENT BETWEEN A MEMBER STATE AND A13
NON-MEMBER STATE THAT DOES NOT CONFLICT WITH THE14
PROVISIONS OF THIS COMPACT.15
D. T
HIS COMPACT MAY BE AMENDED BY THE MEMBER STATES. NO16
AMENDMENT TO THIS COMPACT BECOMES EFFECTIVE AND BINDING17
UPON ANY MEMBER STATE UNTIL IT IS ENACTED INTO THE LAWS OF18
ALL MEMBER STATES.19
ARTICLE 14 - CONSTRUCTION AND SEVERABILITY20
A. T
HIS COMPACT AND THE COMMISSION'S RULEMAKING AUTHORITY21
SHALL BE LIBERALLY CONSTRUED SO AS TO EFFECTUATE THE22
PURPOSES AND THE IMPLEMENTATION AND ADMINISTRATION OF23
THE COMPACT. PROVISIONS OF THE COMPACT EXPRESSLY24
AUTHORIZING OR REQUIRING THE PROMULGATION OF RULES SHALL25
NOT BE CONSTRUED TO LIMIT THE COMMISSION'S RULEMAKING26
AUTHORITY SOLELY FOR THOSE PURPOSES .27
1111
-46- B. THE PROVISIONS OF THIS COMPACT SHALL BE SEVERABLE AND IF1
ANY PHRASE, CLAUSE, SENTENCE, OR PROVISION OF THIS COMPACT2
IS HELD BY A COURT OF COMPETENT JURISDICTION TO BE3
CONTRARY TO THE CONSTITUTION OF ANY MEMBER STATE, OF A4
S
TATE SEEKING PARTICIPATION IN THE COMPACT, OR OF THE5
U
NITED STATES, OR THE APPLICABILITY THEREOF TO ANY6
GOVERNMENT, AGENCY, PERSON, OR CIRCUMSTANCE IS HELD TO BE7
UNCONSTITUTIONAL BY A COURT OF COMPETENT JURISDICTION , THE8
VALIDITY OF THE REMAINDER OF THIS COMPACT AND THE9
APPLICABILITY THEREOF TO ANY OTHER GOVERNMENT , AGENCY,10
PERSON, OR CIRCUMSTANCE SHALL NOT BE AFFECTED THEREBY .11
C. N
OTWITHSTANDING ARTICLE 14.B, THE COMMISSION MAY DENY A12
S
TATE'S PARTICIPATION IN THE COMPACT OR, IN ACCORDANCE13
WITH THE REQUIREMENTS OF ARTICLE 12, TERMINATE A MEMBER14
S
TATE'S PARTICIPATION IN THE COMPACT, IF IT DETERMINES THAT15
A CONSTITUTIONAL REQUIREMENT OF A MEMBER STATE IS A16
MATERIAL DEPARTURE FROM THE COMPACT. OTHERWISE, IF THIS17
C
OMPACT IS HELD TO BE CONTRARY TO THE CONSTITUTION OF ANY18
M
EMBER STATE, THE COMPACT REMAINS IN FULL FORCE AND19
EFFECT AS TO THE REMAINING MEMBER STATES AND IN FULL FORCE20
AND EFFECT AS TO THE MEMBER STATE AFFECTED AS TO ALL21
SEVERABLE MATTERS.22
ARTICLE 15 - CONSISTENT EFFECT AND CONFLICT23
WITH OTHER STATE LAWS24
A. N
OTHING HEREIN PREVENTS OR INHIBITS THE ENFORCEMENT OF25
ANY OTHER LAW OF A MEMBER STATE THAT IS NOT INCONSISTENT26
WITH THE COMPACT.27
1111
-47- B. ANY LAWS, STATUTES, REGULATIONS, OR OTHER LEGAL1
REQUIREMENTS IN A MEMBER STATE IN CONFLICT WITH THE2
C
OMPACT ARE SUPERSEDED TO THE EXTENT OF THE CONFLICT .3
C. A
LL PERMISSIBLE AGREEMENTS BETWEEN THE COMMISSION AND4
THE MEMBER STATES ARE BINDING IN ACCORDANCE WITH THEIR5
TERMS.6
24-60-4502. Construction of terms. (1) A
S USED IN THIS PART7
45,
UNLESS THE CONTEXT OTHERWISE REQUIRES :8
(a) "L
ICENSEE" MEANS, WITH RESPECT TO COLORADO, A9
COSMETOLOGIST HOLDING AN UNRESTRICTED LICENSE ISSUED BY THE10
DIRECTOR OF THE DIVISION OF PROFESSIONS AND OCCUPATIONS IN THE11
DEPARTMENT OF REGULATORY AGENCIES PURSUANT TO ARTICLE 105 OF12
TITLE 12.13
(b) "S
TATE LICENSING AUTHORITY" MEANS, WITH RESPECT TO14
C
OLORADO, THE DIRECTOR OF THE DIVISION OF PROFESSIONS AND15
OCCUPATIONS CREATED IN THE DEPARTMENT OF REGULATORY AGENCIES16
PURSUANT TO SECTION 12-20-103.17
24-60-4503. Notice to revisor of statutes - effective date of18
compact. T
HIS ARTICLE 45 WILL TAKE EFFECT ON THE DATE THE COMPACT19
IS ENACTED INTO LAW IN THE SEVENTH COMPACT STATE . THE DIRECTOR OF20
THE DIVISION OF PROFESSIONS AND OCCUPATIONS IN THE DEPARTMENT OF21
REGULATORY AGENCIES SHALL NOTIFY THE REVISOR OF STATUTES IN22
WRITING WHEN THE CONDITION SPECIFIED IN THIS SECTION HAS OCCURRED23
BY E-MAILING THE NOTICE TO REVISOROFSTATUTES .GA@COLEG.GOV. THIS24
PART 45 TAKES EFFECT UPON THE DATE IDENTIFIED IN THE NOTICE THAT25
THE COMPACT IS ENACTED INTO LAW IN THE SEVENTH COMPACT STATE OR26
UPON THE DATE OF THE NOTICE TO THE REVISOR OF STATUTES IF THE27
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-48- NOTICE DOES NOT SPECIFY A DIFFERENT DATE .1
SECTION 2. In Colorado Revised Statutes, add 12-105-125.5 as2
follows:3
12-105-125.5. Interstate compact for cosmetologists - powers4
and duties - rules - definitions. (1) A
S USED IN THIS SECTION:5
(a) "A
DVERSE ACTION" HAS THE MEANING SET FORTH IN ARTICLE6
2
OF SECTION 24-60-4501.7
(b) "B
ACKGROUND CHECK " HAS THE MEANING SET FORTH IN8
ARTICLE 2 OF SECTION 24-60-4501.9
(c) "C
OMMISSION" MEANS THE COSMETOLOGY LICENSURE10
COMPACT COMMISSION ESTABLISHED IN ARTICLE 9 OF SECTION11
24-60-4501.12
(d) "C
OMPACT" MEANS THE COSMETOLOGY LICENSURE COMPACT13
AUTHORIZED IN PART 45 OF ARTICLE 60 OF TITLE 24.14
(e) "C
URRENT SIGNIFICANT INVESTIGATIVE INFORMATION " HAS15
THE MEANING SET FORTH IN ARTICLE 2 OF SECTION 24-60-4501.16
(f) "D
ATA SYSTEM" HAS THE MEANING SET FORTH IN ARTICLE 2 OF17
SECTION 24-60-4501.18
(g) "I
NVESTIGATIVE INFORMATION" HAS THE MEANING SET FORTH19
IN ARTICLE 2 OF SECTION 24-60-4501.20
(h) "M
EMBER STATE" MEANS A STATE THAT HAS ENACTED THE21
COMPACT.22
(i) "M
ULTISTATE LICENSE" HAS THE MEANING SET FORTH IN23
ARTICLE 2 OF SECTION 24-60-4501.24
(2) I
N ADDITION TO ANY POWERS AND DUTIES SPECIFIED IN THE25
COMPACT FOR MEMBER STATES , THE DIRECTOR HAS THE FOLLOWING26
POWERS AND DUTIES WITH REGARD TO THE COMPACT :27
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-49- (a) TO FACILITATE COLORADO'S PARTICIPATION IN THE COMPACT;1
(b) T
O COMPLY WITH THE RULES OF THE COMMISSION ;2
(c) T
O PROMULGATE RULES IN ACCORDANCE WITH ARTICLE 4 OF3
TITLE 24 AS NECESSARY FOR THE IMPLEMENTATION , ADMINISTRATION,4
AND ENFORCEMENT OF THE COMPACT ;5
(d) T
O SERVE, OR TO DESIGNATE ANOTHER INDIVIDUAL TO SERVE ,6
AS A DELEGATE ON AND ATTEND MEETINGS OF THE COMMISSION IN7
ACCORDANCE WITH THE TERMS OF THE COMPACT ;8
(e) T
O NOTIFY THE COMMISSION, IN COMPLIANCE WITH THE TERMS9
OF THE COMPACT AND COMMISSION RULES , OF ANY ADVERSE ACTION OR10
THE AVAILABILITY OF INVESTIGATIVE INFORMATION , INCLUDING CURRENT11
SIGNIFICANT INVESTIGATIVE INFORMATION , REGARDING A LICENSEE;12
(f) T
O IMPLEMENT PROCEDURES FOR CONSIDERING ONE OR MORE13
OF THE FOLLOWING CATEGORIES OF INFORMATION FROM APPLICANTS FOR14
LICENSURE: CRIMINAL HISTORY, DISCIPLINARY HISTORY, OR BACKGROUND15
CHECK;16
(g) T
O GRANT A MULTISTATE LICENSE TO A LICENSEE IN17
ACCORDANCE WITH THE TERMS OF THE COMPACT AND TO CHARGE A FEE18
TO INDIVIDUALS APPLYING FOR THE MULTISTATE LICENSE ;19
(h) T
O PARTICIPATE FULLY IN THE DATA SYSTEM CONSISTENT WITH20
THE COMPACT REQUIREMENTS AND THE RULES OF THE COMMISSION ; AND21
(i) T
O APPROVE PAYMENT OF ASSESSMENTS LEVIED BY THE22
COMMISSION TO COVER THE COST OF OPERATIONS AND ACTIVITIES OF THE23
COMMISSION AND ITS STAFF.24
SECTION 3. Appropriation. (1) For the 2024-25 state fiscal25
year, $104,620 is appropriated to the department of regulatory agencies26
for use by the division of professions and occupations. This appropriation27
1111
-50- is from the division of professions and occupations cash fund created in1
section 12-20-105 (3), C.R.S. To implement this act, the division may use2
this appropriation as follows:3
(a) $61,670 for personal services, which amount is based on an4
assumption that the division will require an additional 1.0 FTE;5
(b) $7,950 for operating expenses; and6
(c) $35,000 for the purchase of information technology services.7
(2) For the 2024-25 state fiscal year, $35,000 is appropriated to8
the office of the governor for use by the office of information technology.9
This appropriation is from reappropriated funds received from the10
department of regulatory agencies under subsection (1)(c) of this section.11
To implement this act, the office may use this appropriation to provide12
information technology services for the department of regulatory13
agencies.14
SECTION 4. Act subject to petition - effective date. This act15
takes effect at 12:01 a.m. on the day following the expiration of the16
ninety-day period after final adjournment of the general assembly; except17
that, if a referendum petition is filed pursuant to section 1 (3) of article V18
of the state constitution against this act or an item, section, or part of this19
act within such period, then the act, item, section, or part will not take20
effect unless approved by the people at the general election to be held in21
November 2024 and, in such case, will take effect on the date of the22
official declaration of the vote thereon by the governor.23
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