Colorado 2024 Regular Session

Colorado House Bill HB1111 Compare Versions

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1+Second Regular Session
2+Seventy-fourth General Assembly
3+STATE OF COLORADO
4+REREVISED
5+This Version Includes All Amendments
6+Adopted in the Second House
7+LLS NO. 24-0406.01 Brita Darling x2241
18 HOUSE BILL 24-1111
2-BY REPRESENTATIVE(S) Martinez and Wilson, Duran, Jodeh, Kipp,
3-Lindsay, Lindstedt, Lukens, Marshall, Mauro, McCormick, Ricks, Snyder,
4-Valdez, McCluskie;
5-also SENATOR(S) Pelton B., Bridges, Buckner, Fields, Hansen, Kolker,
6-Michaelson Jenet, Priola, Smallwood, Van Winkle.
9+House Committees Senate Committees
10+Business Affairs & Labor State, Veterans, & Military Affairs
11+Appropriations Finance
12+Appropriations
13+A BILL FOR AN ACT
714 C
8-ONCERNING THE ADOPTION OF THE COSMETOLOGY LICENSURE COMPACT ,
9-AND, IN CONNECTION THEREWITH, MAKING AN APPROPRIATION.
10-
11-Be it enacted by the General Assembly of the State of Colorado:
12-SECTION 1. In Colorado Revised Statutes, add part 49 to article
13-60 of title 24 as follows:
14-PART 49
15-COSMETOLOGY LICENSURE COMPACT
16-24-60-4901. Compact approved and ratified. T
17-HE GENERAL
18-ASSEMBLY APPROVES AND RATIFIES
19-, AND THE GOVERNOR SHALL ENTER INTO,
20-A COMPACT ON BEHALF OF THE STATE OF COLORADO AND ANY OF THE
21-UNITED STATES OR OTHER JURISDICTIONS LEGALLY JOINING IN THE COMPACT
22-IN THE FORM SUBSTANTIALLY AS FOLLOWS
23-:
24-NOTE: This bill has been prepared for the signatures of the appropriate legislative
25-officers and the Governor. To determine whether the Governor has signed the bill
26-or taken other action on it, please consult the legislative status sheet, the legislative
27-history, or the Session Laws.
28-________
29-Capital letters or bold & italic numbers indicate new material added to existing law; dashes
30-through words or numbers indicate deletions from existing law and such material is not part of
31-the act. ARTICLE 1 - PURPOSE
15+ONCERNING THE ADOPTION OF THE COSMETOLOGY LICENSURE101
16+COMPACT, AND, IN CONNECTION THEREWITH, MAKING AN102
17+APPROPRIATION.103
18+Bill Summary
19+(Note: This summary applies to this bill as introduced and does
20+not reflect any amendments that may be subsequently adopted. If this bill
21+passes third reading in the house of introduction, a bill summary that
22+applies to the reengrossed version of this bill will be available at
23+http://leg.colorado.gov
24+.)
25+The bill adopts the cosmetology licensure compact (compact) to
26+facilitate the interstate practice and regulation of cosmetology. With the
27+adoption of the compact, a cosmetologist who holds an active,
28+unencumbered license to practice in the cosmetologist's home state may
29+apply to the cosmetologist's home state for a multistate license under the
30+SENATE
31+3rd Reading Unamended
32+April 29, 2024
33+SENATE
34+2nd Reading Unamended
35+April 26, 2024
36+HOUSE
37+3rd Reading Unamended
38+April 8, 2024
39+HOUSE
40+Amended 2nd Reading
41+April 5, 2024
42+HOUSE SPONSORSHIP
43+Martinez and Wilson, Duran, Jodeh, Kipp, Lindsay, Lindstedt, Lukens, Marshall, Mauro,
44+McCluskie, McCormick, Ricks, Snyder, Valdez
45+SENATE SPONSORSHIP
46+Pelton B., Bridges, Buckner, Fields, Hansen, Kolker, Michaelson Jenet, Priola, Smallwood,
47+Van Winkle
48+Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
49+Capital letters or bold & italic numbers indicate new material to be added to existing law.
50+Dashes through the words or numbers indicate deletions from existing law. compact. If granted a multistate license under the compact, a
51+cosmetologist is authorized to practice cosmetology in the applicant's
52+home state, as well as in each state that is a member of the compact, as
53+though the cosmetologist held a single-state license in that state. The
54+cosmetologist must comply with the rules of the licensing authority and
55+the scope of practice laws of the state in which the cosmetologist provides
56+services. If the cosmetologist moves to a new home state, the
57+cosmetologist must apply to the new home state for reissuance of a
58+multistate license.
59+Under the compact, active military members and their spouses may
60+designate a home state where the individual is currently licensed in good
61+standing to practice cosmetology and may retain their home state
62+designation for purposes of the multistate license during any period when
63+that individual or the individual's spouse is on active duty assignment.
64+The compact requires a state that is a member of the compact
65+(member state) to report adverse actions taken by a member state's
66+licensing authority or other regulatory body, including actions taken
67+against a cosmetologist's individual license or authorization to practice,
68+including revocation, suspension, or any other encumbrance on a license
69+affecting the ability to practice. The compact authorizes the cosmetology
70+licensure compact commission (commission) to develop and maintain a
71+coordinated database and reporting system to include information relating
72+to a cosmetologist's multistate license and any adverse actions reported
73+against a cosmetologist. The compact specifies the authority of the home
74+state with respect to the multistate license issued by the home state, as
75+well as the authority of a remote state.
76+The compact creates the administrative structure for the compact,
77+including granting the powers necessary to establish and operate the
78+commission, which includes one delegate from each member state that is
79+the administrator of the state licensing authority in the member state or
80+the administrator's designee. Among other powers, the commission may
81+adopt rules and bylaws, establish an executive committee, hire employees,
82+and establish an office. The compact includes provisions relating to the
83+conduct of the commission's meetings and its rule-making authority.
84+To pay the costs associated with the compact, the compact
85+authorizes the commission to levy and collect an annual assessment from
86+each member state and to impose fees on licensees of a member state for
87+granting and renewing a multistate license.
88+The compact includes provisions governing disputes among
89+member states and between the commission and a member state,
90+enforcement provisions, and withdrawal of member states from the
91+compact.
92+The compact is effective for member states once the seventh state
93+has adopted the compact.
94+1111
95+-2- Be it enacted by the General Assembly of the State of Colorado:1
96+SECTION 1. In Colorado Revised Statutes, add part 45 to article2
97+60 of title 24 as follows:3
98+PART 454
99+COSMETOLOGY LICENSURE COMPACT5
100+24-60-4501. Compact approved and ratified. T
101+HE GENERAL6
102+ASSEMBLY APPROVES AND RATIFIES , AND THE GOVERNOR SHALL ENTER7
103+INTO, A COMPACT ON BEHALF OF THE STATE OF COLORADO AND ANY OF8
104+THE UNITED STATES OR OTHER JURISDICTIONS LEGALLY JOINING IN THE9
105+COMPACT IN THE FORM SUBSTANTIALLY AS FOLLOWS :10
106+ARTICLE 1 - PURPOSE11
32107 T
33-HE PURPOSE OF THIS COMPACT IS TO FACILITATE THE INTERSTATE PRACTICE
34-AND REGULATION OF
35-COSMETOLOGY WITH THE GOAL OF IMPROVING PUBLIC
36-ACCESS TO
37-, AND THE SAFETY OF, COSMETOLOGY SERVICES AND REDUCING
38-UNNECESSARY BURDENS RELATED TO
39-COSMETOLOGY LICENSURE. THROUGH
40-THIS
41-COMPACT, THE MEMBER STATES SEEK TO ESTABLISH A REGULATORY
42-FRAMEWORK WHICH PROVIDES FOR A NEW MULTISTATE LICENSING
43-PROGRAM
44-. THROUGH THIS NEW LICENSING PROGRAM , THE MEMBER STATES
45-SEEK TO PROVIDE INCREASED VALUE AND MOBILITY TO LICENSED
46-COSMETOLOGISTS IN THE MEMBER STATES, WHILE ENSURING THE PROVISION
47-OF SAFE
48-, EFFECTIVE, AND RELIABLE SERVICES TO THE PUBLIC.
108+HE PURPOSE OF THIS COMPACT IS TO FACILITATE THE INTERSTATE12
109+PRACTICE AND REGULATION OF COSMETOLOGY WITH THE GOAL OF13
110+IMPROVING PUBLIC ACCESS TO , AND THE SAFETY OF, COSMETOLOGY14
111+S
112+ERVICES AND REDUCING UNNECESSARY BURDENS RELATED TO15
113+C
114+OSMETOLOGY LICENSURE . THROUGH THIS COMPACT, THE MEMBER16
115+S
116+TATES SEEK TO ESTABLISH A REGULATORY FRAMEWORK WHICH PROVIDES17
117+FOR A NEW MULTISTATE LICENSING PROGRAM . THROUGH THIS NEW18
118+LICENSING PROGRAM, THE MEMBER STATES SEEK TO PROVIDE INCREASED19
119+VALUE AND MOBILITY TO LICENSED COSMETOLOGISTS IN THE MEMBER20
120+S
121+TATES, WHILE ENSURING THE PROVISION OF SAFE , EFFECTIVE, AND21
122+RELIABLE SERVICES TO THE PUBLIC.22
49123 T
50-HIS COMPACT IS DESIGNED TO ACHIEVE THE FOLLOWING OBJECTIVES , AND
51-THE
52-MEMBER STATES HEREBY RATIFY THE SAME INTENTIONS BY
53-SUBSCRIBING HERETO
54-:
124+HIS COMPACT IS DESIGNED TO ACHIEVE THE FOLLOWING23
125+OBJECTIVES, AND THE MEMBER STATES HEREBY RATIFY THE SAME24
126+INTENTIONS BY SUBSCRIBING HERETO :25
55127 A. P
56-ROVIDE OPPORTUNITIES FOR INTERSTATE PRACTICE BY
57-COSMETOLOGISTS WHO MEET UNIFORM REQUIREMENTS FOR
58-MULTISTATE LICENSURE
59-;
128+ROVIDE OPPORTUNITIES FOR INTERSTATE PRACTICE BY26
129+1111-3- COSMETOLOGISTS WHO MEET UNIFORM REQUIREMENTS FOR1
130+MULTISTATE LICENSURE;2
60131 B. E
61-NHANCE THE ABILITIES OF MEMBER STATES TO PROTECT PUBLIC
62-HEALTH AND SAFETY AND PREVENT FRAUD AND UNLICENSED
63-ACTIVITY WITHIN THE PROFESSION
64-;
132+NHANCE THE ABILITIES OF MEMBER STATES TO PROTECT PUBLIC3
133+HEALTH AND SAFETY AND PREVENT FRAUD AND UNLICENSED4
134+ACTIVITY WITHIN THE PROFESSION;5
65135 C. E
66-NSURE AND ENCOURAGE COOPERATION BETWEEN MEMBER STATES
67-IN THE LICENSURE AND REGULATION OF THE
68-PRACTICE OF
69-COSMETOLOGY;
136+NSURE AND ENCOURAGE COOPERATION BETWEEN MEMBER6
137+S
138+TATES IN THE LICENSURE AND REGULATION OF THE PRACTICE OF7
139+C
140+OSMETOLOGY;8
70141 D. S
71-UPPORT RELOCATING MILITARY MEMBERS AND THEIR SPOUSES ;
142+UPPORT RELOCATING MILITARY MEMBERS AND THEIR SPOUSES ;9
72143 E. F
73-ACILITATE THE EXCHANGE OF INFORMATION BETWEEN MEMBER
74-STATES RELATED TO THE LICENSURE , INVESTIGATION, AND
75-DISCIPLINE OF THE
76-PRACTICE OF COSMETOLOGY;
144+ACILITATE THE EXCHANGE OF INFORMATION BETWEEN MEMBER10
145+S
146+TATES RELATED TO THE LICENSURE , INVESTIGATION, AND11
147+DISCIPLINE OF THE PRACTICE OF COSMETOLOGY;12
77148 F. P
78-ROVIDE FOR THE LICENSURE AND MOBILITY OF THE WORKFORCE IN
79-THE PROFESSION
80-, WHILE ADDRESSING THE SHORTAGE OF WORKERS
81-AND LESSENING THE ASSOCIATED BURDENS ON THE
82-MEMBER STATES.
83-PAGE 2-HOUSE BILL 24-1111 ARTICLE 2 - DEFINITIONS
149+ROVIDE FOR THE LICENSURE AND MOBILITY OF THE WORKFORCE13
150+IN THE PROFESSION, WHILE ADDRESSING THE SHORTAGE OF14
151+WORKERS AND LESSENING THE ASSOCIATED BURDENS ON THE15
152+M
153+EMBER STATES.16
154+ARTICLE 2 - DEFINITIONS17
84155 A
85-S USED IN THIS COMPACT, AND EXCEPT AS OTHERWISE PROVIDED , THE
86-FOLLOWING DEFINITIONS SHALL GOVERN THE TERMS HEREIN
87-:
156+S USED IN THIS COMPACT, AND EXCEPT AS OTHERWISE PROVIDED , THE18
157+FOLLOWING DEFINITIONS SHALL GOVERN THE TERMS HEREIN :19
88158 A. "A
89-CTIVE MILITARY MEMBER" MEANS ANY PERSON WITH FULL-TIME
90-DUTY STATUS IN THE ARMED FORCES OF THE
91-UNITED STATES,
92-INCLUDING MEMBERS OF THE NATIONAL GUARD AND RESERVE.
159+CTIVE MILITARY MEMBER" MEANS ANY PERSON WITH20
160+FULL-TIME DUTY STATUS IN THE ARMED FORCES OF THE UNITED21
161+S
162+TATES, INCLUDING MEMBERS OF THE NATIONAL GUARD AND22
163+R
164+ESERVE.23
93165 B. "A
94-DVERSE ACTION" MEANS ANY ADMINISTRATIVE, CIVIL, EQUITABLE,
95-OR CRIMINAL ACTION PERMITTED BY A MEMBER STATE'S LAWS
96-WHICH IS IMPOSED BY A
97-STATE LICENSING AUTHORITY OR OTHER
98-REGULATORY BODY AGAINST A
99-COSMETOLOGIST, INCLUDING
100-ACTIONS AGAINST AN INDIVIDUAL
101-'S LICENSE OR AUTHORIZATION TO
102-PRACTICE SUCH AS REVOCATION , SUSPENSION, PROBATION,
103-MONITORING OF THE LICENSEE, LIMITATION OF THE LICENSEE'S
104-PRACTICE
105-, OR ANY OTHER ENCUMBRANCE ON A LICENSE AFFECTING
106-AN INDIVIDUAL
107-'S ABILITY TO PARTICIPATE IN THE COSMETOLOGY
108-INDUSTRY
109-, INCLUDING THE ISSUANCE OF A CEASE AND DESIST ORDER.
166+DVERSE ACTION" MEANS ANY ADMINISTRATIVE , CIVIL,24
167+EQUITABLE, OR CRIMINAL ACTION PERMITTED BY A MEMBER25
168+S
169+TATE'S LAWS WHICH IS IMPOSED BY A STATE LICENSING26
170+A
171+UTHORITY OR OTHER REGULATORY BODY AGAINST A27
172+1111
173+-4- COSMETOLOGIST, INCLUDING ACTIONS AGAINST AN INDIVIDUAL 'S1
174+LICENSE OR AUTHORIZATION TO PRACTICE SUCH AS REVOCATION,2
175+SUSPENSION, PROBATION, MONITORING OF THE LICENSEE,3
176+LIMITATION OF THE LICENSEE'S PRACTICE, OR ANY OTHER4
177+E
178+NCUMBRANCE ON A LICENSE AFFECTING AN INDIVIDUAL 'S ABILITY5
179+TO PARTICIPATE IN THE COSMETOLOGY INDUSTRY , INCLUDING THE6
180+ISSUANCE OF A CEASE AND DESIST ORDER .7
110181 C. "A
111-LTERNATIVE PROGRAM" MEANS A NON-DISCIPLINARY MONITORING
112-OR PROSECUTORIAL DIVERSION PROGRAM APPROVED BY A
113-MEMBER
114-STATE'S STATE LICENSING AUTHORITY.
182+LTERNATIVE PROGRAM" MEANS A NON -DISCIPLINARY8
183+MONITORING OR PROSECUTORIAL DIVERSION PROGRAM APPROVED9
184+BY A MEMBER STATE'S STATE LICENSING AUTHORITY.10
115185 D. "A
116-UTHORIZATION TO PRACTICE" MEANS A LEGAL AUTHORIZATION
117-ASSOCIATED WITH A
118-MULTISTATE LICENSE PERMITTING THE
119-PRACTICE OF COSMETOLOGY IN THAT REMOTE STATE, WHICH IS
120-SUBJECT TO THE ENFORCEMENT JURISDICTION OF THE
121-STATE
122-LICENSING AUTHORITY IN THAT REMOTE STATE.
186+UTHORIZATION TO PRACTICE" MEANS A LEGAL AUTHORIZATION11
187+ASSOCIATED WITH A MULTISTATE LICENSE PERMITTING THE12
188+P
189+RACTICE OF COSMETOLOGY IN THAT REMOTE STATE, WHICH IS13
190+SUBJECT TO THE ENFORCEMENT JURISDICTION OF THE STATE14
191+L
192+ICENSING AUTHORITY IN THAT REMOTE STATE.15
123193 E. "B
124-ACKGROUND CHECK" MEANS THE SUBMISSION OF INFORMATION
125-FOR AN APPLICANT FOR THE PURPOSE OF OBTAINING THAT
126-APPLICANT
127-'S CRIMINAL HISTORY RECORD INFORMATION , AS FURTHER
128-DEFINED IN
129-28 CFR 20.3 (d), FROM THE FEDERAL BUREAU OF
130-INVESTIGATION AND THE AGENCY RESPONSIBLE FOR RETAINING
131-STATE CRIMINAL OR DISCIPLINARY HISTORY IN THE APPLICANT 'S
132-HOME STATE.
194+ACKGROUND CHECK" MEANS THE SUBMISSION OF INFORMATION16
195+FOR AN APPLICANT FOR THE PURPOSE OF OBTAINING THAT17
196+APPLICANT'S CRIMINAL HISTORY RECORD INFORMATION , AS18
197+FURTHER DEFINED IN 28 CFR 20.3 (d), FROM THE FEDERAL19
198+B
199+UREAU OF INVESTIGATION AND THE AGENCY RESPONSIBLE FOR20
200+RETAINING STATE CRIMINAL OR DISCIPLINARY HISTORY IN THE21
201+APPLICANT'S HOME STATE.22
133202 F. "C
134-HARTER MEMBER STATE" MEANS MEMBER STATES THAT HAVE
135-ENACTED LEGISLATION TO ADOPT THIS
136-COMPACT WHERE SUCH
137-PAGE 3-HOUSE BILL 24-1111 LEGISLATION PREDATES THE EFFECTIVE DATE OF THIS COMPACT AS
138-DEFINED IN
139-ARTICLE 13.
203+HARTER MEMBER STATE" MEANS MEMBER STATES THAT HAVE23
204+ENACTED LEGISLATION TO ADOPT THIS COMPACT WHERE SUCH24
205+LEGISLATION PREDATES THE EFFECTIVE DATE OF THIS COMPACT AS25
206+DEFINED IN ARTICLE 13.26
140207 G. "C
141-OMMISSION" MEANS THE GOVERNMENT AGENCY IN WHICH
142-MEMBERSHIP CONSISTS OF ALL
143-STATES THAT HAVE ENACTED THIS
144-COMPACT, WHICH IS KNOWN AS THE COSMETOLOGY LICENSURE
145-COMPACT COMMISSION, AS DEFINED IN ARTICLE 9, AND WHICH SHALL
146-OPERATE AS AN INSTRUMENTALITY OF THE
147-MEMBER STATES.
208+OMMISSION" MEANS THE GOVERNMENT AGENCY IN WHICH27
209+1111
210+-5- MEMBERSHIP CONSISTS OF ALL STATES THAT HAVE ENACTED THIS1
211+C
212+OMPACT, WHICH IS KNOWN AS THE COSMETOLOGY LICENSURE2
213+C
214+OMPACT COMMISSION, AS DEFINED IN ARTICLE 9, AND WHICH3
215+SHALL OPERATE AS AN INSTRUMENTALITY OF THE MEMBER4
216+S
217+TATES.5
148218 H. "C
149-OSMETOLOGIST" MEANS AN INDIVIDUAL LICENSED IN THEIR HOME
150-STATE TO PRACTICE COSMETOLOGY.
219+OSMETOLOGIST" MEANS AN INDIVIDUAL LICENSED IN THEIR6
220+H
221+OME STATE TO PRACTICE COSMETOLOGY.7
151222 I. "C
152-OSMETOLOGY", "COSMETOLOGY SERVICES", AND THE "PRACTICE
153-OF
154-COSMETOLOGY" MEAN THE CARE AND SERVICES PROVIDED BY A
155-COSMETOLOGIST AS SET FORTH IN THE MEMBER STATE'S STATUTES
156-AND REGULATIONS IN THE
157-STATE WHERE THE SERVICES ARE BEING
158-PROVIDED
159-.
223+OSMETOLOGY", "COSMETOLOGY SERVICES", AND THE8
224+"P
225+RACTICE OF COSMETOLOGY" MEAN THE CARE AND SERVICES9
226+PROVIDED BY A COSMETOLOGIST AS SET FORTH IN THE MEMBER10
227+S
228+TATE'S STATUTES AND REGULATIONS IN THE STATE WHERE THE11
229+SERVICES ARE BEING PROVIDED.12
160230 J. "C
161-URRENT SIGNIFICANT INVESTIGATIVE INFORMATION" MEANS:
231+URRENT SIGNIFICANT INVESTIGATIVE INFORMATION" MEANS:13
162232 1. I
163-NVESTIGATIVE INFORMATION THAT A STATE LICENSING
164-AUTHORITY, AFTER AN INQUIRY OR INVESTIGATION THAT
165-COMPLIES WITH A
166-MEMBER STATE'S DUE PROCESS
167-REQUIREMENTS
168-, HAS REASON TO BELIEVE IS NOT GROUNDLESS
169-AND
170-, IF PROVED TRUE, WOULD INDICATE A VIOLATION OF THAT
171-STATE'S LAWS REGARDING FRAUD OR THE PRACTICE OF
172-COSMETOLOGY; OR
173-2. INVESTIGATIVE INFORMATION THAT INDICATES THAT A
174-LICENSEE HAS ENGAGED IN FRAUD OR REPRESENTS AN
175-IMMEDIATE THREAT TO PUBLIC HEALTH AND SAFETY
176-,
177-REGARDLESS OF WHETHER THE LICENSEE HAS BEEN NOTIFIED
178-AND HAD AN OPPORTUNITY TO RESPOND
179-.
233+NVESTIGATIVE INFORMATION THAT A STATE LICENSING14
234+A
235+UTHORITY, AFTER AN INQUIRY OR INVESTIGATION THAT15
236+COMPLIES WITH A MEMBER STATE'S DUE PROCESS16
237+REQUIREMENTS, HAS REASON TO BELIEVE IS NOT17
238+GROUNDLESS AND, IF PROVED TRUE, WOULD INDICATE A18
239+VIOLATION OF THAT STATE'S LAWS REGARDING FRAUD OR19
240+THE PRACTICE OF COSMETOLOGY; OR20
241+2. I
242+NVESTIGATIVE INFORMATION THAT INDICATES THAT A21
243+L
244+ICENSEE HAS ENGAGED IN FRAUD OR REPRESENTS AN22
245+IMMEDIATE THREAT TO PUBLIC HEALTH AND SAFETY ,23
246+REGARDLESS OF WHETHER THE LICENSEE HAS BEEN24
247+NOTIFIED AND HAD AN OPPORTUNITY TO RESPOND .25
180248 K. "D
181-ATA SYSTEM" MEANS A REPOSITORY OF INFORMATION ABOUT
182-LICENSEES, INCLUDING, BUT NOT LIMITED TO, LICENSE STATUS,
249+ATA SYSTEM" MEANS A REPOSITORY OF INFORMATION ABOUT26
250+L
251+ICENSEES, INCLUDING, BUT NOT LIMITED TO, LICENSE STATUS,27
252+1111
253+-6- INVESTIGATIVE INFORMATION, AND ADVERSE ACTIONS.1
254+L. "D
255+ISQUALIFYING EVENT" MEANS ANY EVENT THAT DISQUALIFIES2
256+AN INDIVIDUAL FROM HOLDING A MULTISTATE LICENSE UNDER3
257+THIS COMPACT, WHICH THE COMMISSION MAY BY RULE OR ORDER4
258+SPECIFY.5
259+M. "E
260+NCUMBERED LICENSE" MEANS A LICENSE IN WHICH AN ADVERSE6
261+A
262+CTION RESTRICTS THE PRACTICE OF COSMETOLOGY BY A7
263+L
264+ICENSEE, OR WHERE SAID ADVERSE ACTION HAS BEEN REPORTED8
265+TO THE COMMISSION.9
266+N. "E
267+NCUMBRANCE" MEANS A REVOCATION OR SUSPENSION OF , OR10
268+ANY LIMITATION ON, THE FULL AND UNRESTRICTED PRACTICE OF11
269+C
270+OSMETOLOGY BY A STATE LICENSING AUTHORITY.12
271+O. "E
272+XECUTIVE COMMITTEE" MEANS A GROUP OF DELEGATES13
273+ELECTED OR APPOINTED TO ACT ON BEHALF OF , AND WITHIN THE14
274+POWERS GRANTED TO THEM BY , THE COMMISSION.15
275+P. "H
276+OME STATE" MEANS THE MEMBER STATE WHICH IS A LICENSEE'S16
277+PRIMARY STATE OF RESIDENCE, AND WHERE THAT LICENSEE HOLDS17
278+AN ACTIVE AND UNENCUMBERED LICENSE TO PRACTICE18
279+C
280+OSMETOLOGY.19
281+Q. "I
282+NVESTIGATIVE INFORMATION" MEANS INFORMATION, RECORDS,20
283+OR DOCUMENTS RECEIVED OR GENERATED BY A STATE LICENSING21
284+A
285+UTHORITY PURSUANT TO AN INVESTIGATION OR OTHER INQUIRY .22
286+R. "J
287+URISPRUDENCE REQUIREMENT" MEANS THE ASSESSMENT OF AN23
288+INDIVIDUAL'S KNOWLEDGE OF THE LAWS AND RULES GOVERNING24
289+THE PRACTICE OF COSMETOLOGY IN A STATE.25
290+S. "L
291+ICENSEE" MEANS AN INDIVIDUAL WHO CURRENTLY HOLDS A26
292+LICENSE FROM A MEMBER STATE TO PRACTICE AS A27
293+1111
294+-7- COSMETOLOGIST.1
295+T. "M
296+EMBER STATE" MEANS ANY STATE THAT HAS ADOPTED THIS2
297+C
298+OMPACT.3
299+U. "M
300+ULTISTATE LICENSE" MEANS A LICENSE ISSUED BY AND SUBJECT4
301+TO THE ENFORCEMENT JURISDICTION OF THE STATE LICENSING5
302+A
303+UTHORITY IN A LICENSEE'S HOME STATE, WHICH AUTHORIZES6
304+THE PRACTICE OF COSMETOLOGY IN MEMBER STATES AND7
305+INCLUDES AUTHORIZATIONS TO PRACTICE COSMETOLOGY IN ALL8
306+R
307+EMOTE STATES PURSUANT TO THIS COMPACT.9
308+V. "R
309+EMOTE STATE" MEANS ANY MEMBER STATE, OTHER THAN THE10
310+L
311+ICENSEE'S HOME STATE.11
312+W. "R
313+ULE" MEANS ANY RULE OR REGULATION PROMULGATED BY THE12
314+C
315+OMMISSION UNDER THIS COMPACT WHICH HAS THE FORCE OF13
316+LAW.14
317+X. "S
318+INGLE-STATE LICENSE" MEANS A COSMETOLOGY LICENSE15
319+ISSUED BY A MEMBER STATE THAT AUTHORIZES PRACTICE OF16
320+C
321+OSMETOLOGY ONLY WITHIN THE ISSUING STATE AND DOES NOT17
322+INCLUDE ANY AUTHORIZATION OUTSIDE OF THE ISSUING STATE.18
323+Y. "S
324+TATE" MEANS A STATE, TERRITORY, OR POSSESSION OF THE19
325+U
326+NITED STATES AND THE DISTRICT OF COLUMBIA.20
327+Z. "S
328+TATE LICENSING AUTHORITY" MEANS A MEMBER STATE'S21
329+REGULATORY BODY RESPONSIBLE FOR ISSUING COSMETOLOGY22
330+LICENSES OR OTHERWISE OVERSEEING THE PRACTICE OF23
331+C
332+OSMETOLOGY IN THAT STATE.24
333+ARTICLE 3 - MEMBER STATE REQUIREMENTS25
334+A. T
335+O BE ELIGIBLE TO JOIN THIS COMPACT AND TO MAINTAIN26
336+ELIGIBILITY AS A MEMBER STATE, A STATE MUST:27
337+1111
338+-8- 1. LICENSE AND REGULATE COSMETOLOGY;1
339+2. H
340+AVE A MECHANISM OR ENTITY IN PLACE TO RECEIVE AND2
341+INVESTIGATE COMPLAINTS ABOUT LICENSEES PRACTICING3
342+IN THAT STATE;4
343+3. R
344+EQUIRE THAT LICENSEES WITHIN THE STATE PASS A5
345+C
346+OSMETOLOGY COMPETENCY EXAMINATION PRIOR TO6
347+BEING LICENSED TO PROVIDE COSMETOLOGY SERVICES TO7
348+THE PUBLIC IN THAT STATE;8
349+4. R
350+EQUIRE THAT LICENSEES SATISFY EDUCATIONAL OR9
351+TRAINING REQUIREMENTS IN COSMETOLOGY PRIOR TO10
352+BEING LICENSED TO PROVIDE COSMETOLOGY SERVICES TO11
353+THE PUBLIC IN THAT STATE;12
354+5. I
355+MPLEMENT PROCEDURES FOR CONSIDERING ONE OR MORE13
356+OF THE FOLLOWING CATEGORIES OF INFORMATION FROM14
357+APPLICANTS FOR LICENSURE : CRIMINAL HISTORY ,15
358+DISCIPLINARY HISTORY, OR BACKGROUND CHECK. SUCH16
359+PROCEDURES MAY INCLUDE THE SUBMISSION OF17
360+INFORMATION BY APPLICANTS FOR THE PURPOSE OF18
361+OBTAINING AN APPLICANT 'S BACKGROUND CHECK AS19
362+DEFINED HEREIN;20
363+6. P
364+ARTICIPATE IN THE DATA SYSTEM, INCLUDING THROUGH21
365+THE USE OF UNIQUE IDENTIFYING NUMBERS ;22
366+7. S
367+HARE INFORMATION RELATED TO ADVERSE ACTIONS WITH23
368+THE COMMISSION AND OTHER MEMBER STATES, BOTH24
369+THROUGH THE DATA SYSTEM AND OTHERWISE;25
370+8. N
371+OTIFY THE COMMISSION AND OTHER MEMBER STATES, IN26
372+COMPLIANCE WITH THE TERMS OF THE COMPACT AND27
373+1111
374+-9- RULES OF THE COMMISSION, OF THE EXISTENCE OF1
183375 I
184-NVESTIGATIVE INFORMATION, AND ADVERSE ACTIONS.
185-L. "D
186-ISQUALIFYING EVENT" MEANS ANY EVENT THAT DISQUALIFIES AN
187-INDIVIDUAL FROM HOLDING A
188-MULTISTATE LICENSE UNDER THIS
189-PAGE 4-HOUSE BILL 24-1111 COMPACT, WHICH THE COMMISSION MAY BY RULE OR ORDER
190-SPECIFY
191-.
192-M. "E
193-NCUMBERED LICENSE" MEANS A LICENSE IN WHICH AN ADVERSE
194-ACTION RESTRICTS THE PRACTICE OF COSMETOLOGY BY A LICENSEE,
195-OR WHERE SAID ADVERSE ACTION HAS BEEN REPORTED TO THE
196-COMMISSION.
197-N. "E
198-NCUMBRANCE" MEANS A REVOCATION OR SUSPENSION OF, OR ANY
199-LIMITATION ON
200-, THE FULL AND UNRESTRICTED PRACTICE OF
201-COSMETOLOGY BY A STATE LICENSING AUTHORITY.
202-O. "E
203-XECUTIVE COMMITTEE" MEANS A GROUP OF DELEGATES ELECTED
204-OR APPOINTED TO ACT ON BEHALF OF
205-, AND WITHIN THE POWERS
206-GRANTED TO THEM BY
207-, THE COMMISSION.
208-P. "H
209-OME STATE" MEANS THE MEMBER STATE WHICH IS A LICENSEE'S
210-PRIMARY
211-STATE OF RESIDENCE, AND WHERE THAT LICENSEE HOLDS
212-AN ACTIVE AND UNENCUMBERED LICENSE TO PRACTICE
213-COSMETOLOGY.
214-Q. "I
215-NVESTIGATIVE INFORMATION" MEANS INFORMATION, RECORDS, OR
216-DOCUMENTS RECEIVED OR GENERATED BY A
217-STATE LICENSING
218-AUTHORITY PURSUANT TO AN INVESTIGATION OR OTHER INQUIRY .
219-R. "J
220-URISPRUDENCE REQUIREMENT" MEANS THE ASSESSMENT OF AN
221-INDIVIDUAL
222-'S KNOWLEDGE OF THE LAWS AND RULES GOVERNING THE
223-PRACTICE OF COSMETOLOGY IN A STATE.
224-S. "L
225-ICENSEE" MEANS AN INDIVIDUAL WHO CURRENTLY HOLDS A
226-LICENSE FROM A
227-MEMBER STATE TO PRACTICE AS A COSMETOLOGIST.
228-T. "M
229-EMBER STATE" MEANS ANY STATE THAT HAS ADOPTED THIS
230-COMPACT.
231-U. "M
232-ULTISTATE LICENSE" MEANS A LICENSE ISSUED BY AND SUBJECT
233-TO THE ENFORCEMENT JURISDICTION OF THE
234-STATE LICENSING
235-AUTHORITY IN A LICENSEE'S HOME STATE, WHICH AUTHORIZES THE
236-PRACTICE OF COSMETOLOGY IN MEMBER STATES AND INCLUDES
237-AUTHORIZATIONS TO PRACTICE COSMETOLOGY IN ALL REMOTE
238-PAGE 5-HOUSE BILL 24-1111 STATES PURSUANT TO THIS COMPACT.
239-V. "R
240-EMOTE STATE" MEANS ANY MEMBER STATE, OTHER THAN THE
241-LICENSEE'S HOME STATE.
242-W. "R
243-ULE" MEANS ANY RULE OR REGULATION PROMULGATED BY THE
244-COMMISSION UNDER THIS COMPACT WHICH HAS THE FORCE OF LAW .
245-X. "S
246-INGLE-STATE LICENSE" MEANS A COSMETOLOGY LICENSE ISSUED
247-BY A
248-MEMBER STATE THAT AUTHORIZES PRACTICE OF COSMETOLOGY
249-ONLY WITHIN THE ISSUING
250-STATE AND DOES NOT INCLUDE ANY
251-AUTHORIZATION OUTSIDE OF THE ISSUING
252-STATE.
253-Y. "S
254-TATE" MEANS A STATE, TERRITORY, OR POSSESSION OF THE UNITED
255-STATES AND THE DISTRICT OF COLUMBIA.
256-Z. "S
257-TATE LICENSING AUTHORITY" MEANS A MEMBER STATE'S
258-REGULATORY BODY RESPONSIBLE FOR ISSUING
259-COSMETOLOGY
260-LICENSES OR OTHERWISE OVERSEEING THE
261-PRACTICE OF
262-COSMETOLOGY IN THAT STATE.
263-ARTICLE 3 - MEMBER STATE REQUIREMENTS
376+NVESTIGATIVE INFORMATION OR CURRENT SIGNIFICANT2
377+I
378+NVESTIGATIVE INFORMATION IN THE STATE'S POSSESSION3
379+REGARDING A LICENSEE PRACTICING IN THAT STATE;4
380+9. C
381+OMPLY WITH SUCH RULES AS MAY BE ENACTED BY THE5
382+C
383+OMMISSION TO ADMINISTER THE COMPACT; AND6
384+10. A
385+CCEPT LICENSEES FROM OTHER MEMBER STATES AS7
386+ESTABLISHED HEREIN.8
387+B. M
388+EMBER STATES MAY CHARGE A FEE FOR GRANTING A LICENSE TO9
389+PRACTICE COSMETOLOGY.10
390+C. I
391+NDIVIDUALS NOT RESIDING IN A MEMBER STATE MAY APPLY FOR11
392+A MEMBER STATE'S SINGLE-STATE LICENSE AS PROVIDED UNDER12
393+THE LAWS OF EACH MEMBER STATE. HOWEVER, THE13
394+S
395+INGLE-STATE LICENSE GRANTED TO THESE INDIVIDUALS SHALL14
396+NOT BE RECOGNIZED AS GRANTING A MULTISTATE LICENSE TO15
397+PROVIDE SERVICES IN ANY OTHER MEMBER STATE.16
398+D. N
399+OTHING IN THIS COMPACT AFFECTS THE REQUIREMENTS17
400+ESTABLISHED BY A MEMBER STATE FOR THE ISSUANCE OF A18
401+S
402+INGLE-STATE LICENSE.19
403+E. A
404+ MULTISTATE LICENSE ISSUED TO A LICENSEE BY A HOME STATE20
405+TO A RESIDENT OF THAT STATE SHALL BE RECOGNIZED BY EACH21
406+M
407+EMBER STATE AS AUTHORIZING A LICENSEE TO PRACTICE22
408+C
409+OSMETOLOGY IN EACH MEMBER STATE.23
410+F. A
411+T NO POINT SHALL THE COMMISSION HAVE THE POWER TO DEFINE24
412+THE EDUCATIONAL OR PROFESSIONAL REQUIREMENTS FOR A25
413+LICENSE TO PRACTICE COSMETOLOGY. THE MEMBER STATES26
414+SHALL RETAIN SOLE JURISDICTION OVER THE PROVISION OF THESE27
415+1111
416+-10- REQUIREMENTS.1
417+ARTICLE 4 - MULTISTATE LICENSE2
264418 A. T
265-O BE ELIGIBLE TO JOIN THIS COMPACT AND TO MAINTAIN
266-ELIGIBILITY AS A
267-MEMBER STATE, A STATE MUST:
268-1. L
269-ICENSE AND REGULATE COSMETOLOGY;
270-2. H
271-AVE A MECHANISM OR ENTITY IN PLACE TO RECEIVE AND
272-INVESTIGATE COMPLAINTS ABOUT
273-LICENSEES PRACTICING IN
274-THAT
275-STATE;
276-3. R
277-EQUIRE THAT LICENSEES WITHIN THE STATE PASS A
278-COSMETOLOGY COMPETENCY EXAMINATION PRIOR TO BEING
279-LICENSED TO PROVIDE
280-COSMETOLOGY SERVICES TO THE
281-PUBLIC IN THAT
282-STATE;
283-4. R
284-EQUIRE THAT LICENSEES SATISFY EDUCATIONAL OR
285-TRAINING REQUIREMENTS IN
286-COSMETOLOGY PRIOR TO BEING
287-LICENSED TO PROVIDE
288-COSMETOLOGY SERVICES TO THE
289-PAGE 6-HOUSE BILL 24-1111 PUBLIC IN THAT STATE;
419+O BE ELIGIBLE TO APPLY TO THEIR HOME STATE'S STATE3
420+L
421+ICENSING AUTHORITY FOR AN INITIAL MULTISTATE LICENSE4
422+UNDER THIS COMPACT, A LICENSEE MUST HOLD AN ACTIVE AND5
423+UNENCUMBERED SINGLE-STATE LICENSE TO PRACTICE6
424+C
425+OSMETOLOGY IN THEIR HOME STATE.7
426+B. U
427+PON THE RECEIPT OF AN APPLICATION FOR A MULTISTATE8
428+L
429+ICENSE, ACCORDING TO THE RULES OF THE COMMISSION, A9
430+M
431+EMBER STATE'S STATE LICENSING AUTHORITY SHALL ASCERTAIN10
432+WHETHER THE APPLICANT MEETS THE REQUIREMENTS FOR A11
433+M
434+ULTISTATE LICENSE UNDER THIS COMPACT.12
435+C. I
436+F AN APPLICANT MEETS THE REQUIREMENTS FOR A MULTISTATE13
437+L
438+ICENSE UNDER THIS COMPACT AND ANY APPLICABLE RULES OF14
439+THE COMMISSION, THE STATE LICENSING AUTHORITY IN RECEIPT15
440+OF THE APPLICATION SHALL, WITHIN A REASONABLE TIME, GRANT16
441+A MULTISTATE LICENSE TO THAT APPLICANT, AND INFORM ALL17
442+M
443+EMBER STATES OF THE GRANT OF SAID MULTISTATE LICENSE.18
444+D. A
445+ MULTISTATE LICENSE TO PRACTICE COSMETOLOGY ISSUED BY19
446+A MEMBER STATE'S STATE LICENSING AUTHORITY SHALL BE20
447+RECOGNIZED BY EACH MEMBER STATE AS AUTHORIZING THE21
448+PRACTICE THEREOF AS THOUGH THAT LICENSEE HELD A22
449+S
450+INGLE-STATE LICENSE TO DO SO IN EACH MEMBER STATE,23
451+SUBJECT TO THE RESTRICTIONS HEREIN.24
452+E. A
453+ MULTISTATE LICENSE GRANTED PURSUANT TO THIS COMPACT25
454+MAY BE EFFECTIVE FOR A DEFINITE PERIOD OF TIME, CONCURRENT26
455+WITH THE LICENSURE RENEWAL PERIOD IN THE HOME STATE.27
456+1111
457+-11- F. TO MAINTAIN A MULTISTATE LICENSE UNDER THIS COMPACT, A1
458+L
459+ICENSEE MUST:2
460+1. A
461+GREE TO ABIDE BY THE RULES OF THE STATE LICENSING3
462+A
463+UTHORITY, AND THE STATE SCOPE OF PRACTICE LAWS4
464+GOVERNING THE PRACTICE OF COSMETOLOGY, OF ANY5
465+M
466+EMBER STATE IN WHICH THE LICENSEE PROVIDES6
467+SERVICES;7
468+2. P
469+AY ALL REQUIRED FEES RELATED TO THE APPLICATION AND8
470+PROCESS, AND ANY OTHER FEES WHICH THE COMMISSION9
471+MAY BY RULE REQUIRE; AND10
472+3. C
473+OMPLY WITH ANY AND ALL OTHER REQUIREMENTS11
474+REGARDING MULTISTATE LICENSES WHICH THE12
475+C
476+OMMISSION MAY BY RULE PROVIDE.13
477+G. A
478+ LICENSEE PRACTICING IN A MEMBER STATE IS SUBJECT TO ALL14
479+SCOPE OF PRACTICE LAWS GOVERNING COSMETOLOGY SERVICES IN15
480+THAT STATE.16
481+H. T
482+HE PRACTICE OF COSMETOLOGY UNDER A MULTISTATE LICENSE17
483+GRANTED PURSUANT TO THIS COMPACT WILL SUBJECT THE18
484+L
485+ICENSEE TO THE JURISDICTION OF THE STATE LICENSING19
486+A
487+UTHORITY, THE COURTS, AND THE LAWS OF THE MEMBER STATE20
488+IN WHICH THE COSMETOLOGY SERVICES ARE PROVIDED.21
489+ARTICLE 5 - REISSUANCE OF A MULTISTATE LICENSE22
490+BY A NEW HOME STATE23
491+A. A
492+ LICENSEE MAY HOLD A MULTISTATE LICENSE, ISSUED BY THEIR24
493+H
494+OME STATE, IN ONLY ONE MEMBER STATE AT ANY GIVEN TIME.25
495+B. I
496+F A LICENSEE CHANGES THEIR HOME STATE BY MOVING BETWEEN26
497+TWO MEMBER STATES:27
498+1111
499+-12- 1. THE LICENSEE SHALL IMMEDIATELY APPLY FOR THE1
500+REISSUANCE OF THEIR MULTISTATE LICENSE IN THEIR NEW2
501+H
502+OME STATE. THE LICENSEE SHALL PAY ALL APPLICABLE3
503+FEES AND NOTIFY THE PRIOR HOME STATE IN ACCORDANCE4
504+WITH THE RULES OF THE COMMISSION.5
505+2. U
506+PON RECEIPT OF AN APPLICATION TO REISSUE A6
507+M
508+ULTISTATE LICENSE, THE NEW HOME STATE SHALL7
509+VERIFY THAT THE MULTISTATE LICENSE IS ACTIVE,8
510+UNENCUMBERED, AND ELIGIBLE FOR REISSUANCE UNDER9
511+THE TERMS OF THE COMPACT AND THE RULES OF THE10
512+C
513+OMMISSION. THE MULTISTATE LICENSE ISSUED BY THE11
514+PRIOR HOME STATE WILL BE DEACTIVATED AND ALL12
515+M
516+EMBER STATES NOTIFIED IN ACCORDANCE WITH THE13
517+APPLICABLE RULES ADOPTED BY THE COMMISSION.14
518+3. I
519+F REQUIRED FOR INITIAL LICENSURE, THE NEW HOME STATE15
520+MAY REQUIRE A BACKGROUND CHECK AS SPECIFIED IN THE16
521+LAWS OF THAT STATE, OR THE COMPLIANCE WITH ANY17
522+J
523+URISPRUDENCE REQUIREMENTS OF THE NEW HOME STATE.18
524+4. N
525+OTWITHSTANDING ANY OTHER PROVISION OF THIS19
526+C
527+OMPACT, IF A LICENSEE DOES NOT MEET THE20
528+REQUIREMENTS SET FORTH IN THIS COMPACT FOR THE21
529+REISSUANCE OF A MULTISTATE LICENSE BY THE NEW HOME22
530+S
531+TATE, THEN THE LICENSEE IS SUBJECT TO THE NEW HOME23
532+S
533+TATE REQUIREMENTS FOR THE ISSUANCE OF A24
534+S
535+INGLE-STATE LICENSE IN THAT STATE.25
536+C. I
537+F A LICENSEE CHANGES THEIR PRIMARY STATE OF RESIDENCE BY26
538+MOVING FROM A MEMBER STATE TO A NON-MEMBER STATE, OR27
539+1111
540+-13- FROM A NON-MEMBER STATE TO A MEMBER STATE, THEN THE1
541+L
542+ICENSEE IS SUBJECT TO THE STATE REQUIREMENTS FOR THE2
543+ISSUANCE OF A SINGLE-STATE LICENSE IN THE NEW HOME STATE.3
544+D. N
545+OTHING IN THIS COMPACT INTERFERES WITH A LICENSEE'S4
546+ABILITY TO HOLD A SINGLE-STATE LICENSE IN MULTIPLE STATES;5
547+HOWEVER, FOR THE PURPOSES OF THIS COMPACT, A LICENSEE6
548+SHALL HAVE ONLY ONE HOME STATE, AND ONLY ONE MULTISTATE7
549+L
550+ICENSE.8
551+E. N
552+OTHING IN THIS COMPACT INTERFERES WITH THE REQUIREMENTS9
553+ESTABLISHED BY A MEMBER STATE FOR THE ISSUANCE OF A10
554+S
555+INGLE-STATE LICENSE.11
556+ARTICLE 6 - AUTHORITY OF THE COMPACT12
557+COMMISSION AND MEMBER13
558+STATE LICENSING AUTHORITIES14
559+A. N
560+OTHING IN THIS COMPACT, NOR ANY RULE OR REGULATION OF15
561+THE COMMISSION, SHALL BE CONSTRUED TO LIMIT, RESTRICT, OR IN16
562+ANY WAY REDUCE THE ABILITY OF A MEMBER STATE TO ENACT17
563+AND ENFORCE LAWS, REGULATIONS, OR OTHER RULES RELATED TO18
564+THE PRACTICE OF COSMETOLOGY IN THAT STATE, WHERE LAWS,19
565+REGULATIONS, OR OTHER RULES ARE NOT INCONSISTENT WITH THE20
566+PROVISIONS OF THIS COMPACT.21
567+B. I
568+NSOFAR AS PRACTICAL, A MEMBER STATE'S STATE LICENSING22
569+A
570+UTHORITY SHALL COOPERATE WITH THE COMMISSION AND WITH23
571+EACH ENTITY EXERCISING INDEPENDENT REGULATORY AUTHORITY24
572+OVER THE PRACTICE OF COSMETOLOGY ACCORDING TO THE25
573+PROVISIONS OF THIS COMPACT.26
574+C. D
575+ISCIPLINE SHALL BE THE SOLE RESPONSIBILITY OF THE STATE IN27
576+1111
577+-14- WHICH COSMETOLOGY SERVICES ARE PROVIDED. ACCORDINGLY,1
578+EACH MEMBER STATE'S STATE LICENSING AUTHORITY SHALL BE2
579+RESPONSIBLE FOR RECEIVING COMPLAINTS ABOUT INDIVIDUALS3
580+PRACTICING COSMETOLOGY IN THAT STATE, AND FOR4
581+COMMUNICATING ALL RELEVANT INVESTIGATIVE INFORMATION5
582+ABOUT ANY SUCH ADVERSE ACTION TO THE OTHER MEMBER6
583+S
584+TATES THROUGH THE DATA SYSTEM IN ADDITION TO ANY OTHER7
585+METHODS THE COMMISSION MAY BY RULE REQUIRE.8
586+ARTICLE 7 - ADVERSE ACTIONS9
587+A. A
588+ LICENSEE'S HOME STATE SHALL HAVE EXCLUSIVE POWER TO10
589+IMPOSE AN ADVERSE ACTION AGAINST A LICENSEE'S MULTISTATE11
590+L
591+ICENSE ISSUED BY THE HOME STATE.12
592+B. A
593+ HOME STATE MAY TAKE ADVERSE ACTION ON A MULTISTATE13
594+L
595+ICENSE BASED ON THE INVESTIGATIVE INFORMATION, CURRENT14
596+S
597+IGNIFICANT INVESTIGATIVE INFORMATION, OR ADVERSE ACTION15
598+OF A REMOTE STATE.16
599+C. I
600+N ADDITION TO THE POWERS CONFERRED BY STATE LAW, EACH17
601+R
602+EMOTE STATE'S STATE LICENSING AUTHORITY SHALL HAVE THE18
603+POWER TO:19
604+1. T
605+AKE ADVERSE ACTION AGAINST A LICENSEE'S20
606+A
607+UTHORIZATION TO PRACTICE COSMETOLOGY THROUGH21
608+THE MULTISTATE LICENSE IN THAT MEMBER STATE,22
609+PROVIDED THAT:23
610+a. O
611+NLY THE LICENSEE'S HOME STATE SHALL HAVE24
612+THE POWER TO TAKE ADVERSE ACTION AGAINST THE25
613+M
614+ULTISTATE LICENSE ISSUED BY THE HOME STATE;26
615+AND27
616+1111
617+-15- b. FOR THE PURPOSES OF TAKING ADVERSE ACTION,1
618+THE HOME STATE'S STATE LICENSING AUTHORITY2
619+SHALL GIVE THE SAME PRIORITY AND EFFECT TO3
620+REPORTED CONDUCT RECEIVED FROM A REMOTE4
621+S
622+TATE AS IT WOULD IF SUCH CONDUCT HAD5
623+OCCURRED WITHIN THE HOME STATE. IN SO DOING,6
624+THE HOME STATE SHALL APPLY ITS OWN STATE7
625+LAWS TO DETERMINE THE APPROPRIATE ACTION .8
626+2. I
627+SSUE CEASE AND DESIST ORDERS OR IMPOSE AN9
628+E
629+NCUMBRANCE ON A LICENSEE'S AUTHORIZATION TO10
630+P
631+RACTICE WITHIN THAT MEMBER STATE.11
632+3. C
633+OMPLETE ANY PENDING INVESTIGATIONS OF A LICENSEE12
634+WHO CHANGES THEIR PRIMARY STATE OF RESIDENCE13
635+DURING THE COURSE OF SUCH AN INVESTIGATION . THE14
636+S
637+TATE LICENSING AUTHORITY SHALL ALSO BE EMPOWERED15
638+TO REPORT THE RESULTS OF SUCH AN INVESTIGATION TO16
639+THE COMMISSION THROUGH THE DATA SYSTEM AS17
640+DESCRIBED HEREIN.18
641+4. I
642+SSUE SUBPOENAS FOR BOTH HEARINGS AND19
643+INVESTIGATIONS THAT REQUIRE THE ATTENDANCE AND20
644+TESTIMONY OF WITNESSES, AS WELL AS THE PRODUCTION OF21
645+EVIDENCE. SUBPOENAS ISSUED BY A STATE LICENSING22
646+A
647+UTHORITY IN A MEMBER STATE FOR THE ATTENDANCE23
648+AND TESTIMONY OF WITNESSES OR THE PRODUCTION OF24
649+EVIDENCE FROM ANOTHER MEMBER STATE SHALL BE25
650+ENFORCED IN THE LATTER STATE BY ANY COURT OF26
651+COMPETENT JURISDICTION, ACCORDING TO THE PRACTICE27
652+1111
653+-16- AND PROCEDURE OF THAT COURT APPLICABLE TO1
654+SUBPOENAS ISSUED IN PROCEEDINGS BEFORE IT . THE2
655+ISSUING STATE LICENSING AUTHORITY SHALL PAY ANY3
656+WITNESS FEES, TRAVEL EXPENSES, MILEAGE, AND OTHER4
657+FEES REQUIRED BY THE SERVICE STATUTES OF THE STATE IN5
658+WHICH THE WITNESSES OR EVIDENCE ARE LOCATED .6
290659 5. I
291-MPLEMENT PROCEDURES FOR CONSIDERING ONE OR MORE OF
292-THE FOLLOWING CATEGORIES OF INFORMATION FROM
293-APPLICANTS FOR LICENSURE
294-: CRIMINAL HISTORY ,
295-DISCIPLINARY HISTORY, OR BACKGROUND CHECK. SUCH
296-PROCEDURES MAY INCLUDE THE SUBMISSION OF INFORMATION
297-BY APPLICANTS FOR THE PURPOSE OF OBTAINING AN
298-APPLICANT
299-'S BACKGROUND CHECK AS DEFINED HEREIN;
300-6. P
301-ARTICIPATE IN THE DATA SYSTEM, INCLUDING THROUGH THE
302-USE OF UNIQUE IDENTIFYING NUMBERS
303-;
304-7. S
305-HARE INFORMATION RELATED TO ADVERSE ACTIONS WITH
306-THE
307-COMMISSION AND OTHER MEMBER STATES, BOTH
308-THROUGH THE
309-DATA SYSTEM AND OTHERWISE;
310-8. N
311-OTIFY THE COMMISSION AND OTHER MEMBER STATES, IN
312-COMPLIANCE WITH THE TERMS OF THE
313-COMPACT AND RULES
314-OF THE
315-COMMISSION, OF THE EXISTENCE OF INVESTIGATIVE
316-INFORMATION OR CURRENT SIGNIFICANT INVESTIGATIVE
317-INFORMATION IN THE STATE'S POSSESSION REGARDING A
318-LICENSEE PRACTICING IN THAT STATE;
319-9. C
320-OMPLY WITH SUCH RULES AS MAY BE ENACTED BY THE
321-COMMISSION TO ADMINISTER THE COMPACT; AND
322-10. ACCEPT LICENSEES FROM OTHER MEMBER STATES AS
323-ESTABLISHED HEREIN
324-.
660+F OTHERWISE PERMITTED BY STATE LAW, RECOVER FROM7
661+THE AFFECTED LICENSEE THE COSTS OF INVESTIGATIONS8
662+AND DISPOSITION OF CASES RESULTING FROM ANY ADVERSE9
663+A
664+CTION TAKEN AGAINST THAT LICENSEE.10
665+6. T
666+AKE ADVERSE ACTION AGAINST THE LICENSEE'S11
667+A
668+UTHORIZATION TO PRACTICE IN THAT STATE BASED ON12
669+THE FACTUAL FINDINGS OF ANOTHER REMOTE STATE.13
670+D. A
671+ LICENSEE'S HOME STATE SHALL COMPLETE ANY PENDING14
672+INVESTIGATION(S) OF A COSMETOLOGIST WHO CHANGES THEIR15
673+PRIMARY STATE OF RESIDENCE DURING THE COURSE OF THE16
674+INVESTIGATION(S). THE HOME STATE SHALL ALSO HAVE THE17
675+AUTHORITY TO TAKE APPROPRIATE ACTION (S) AND SHALL18
676+PROMPTLY REPORT THE CONCLUSIONS OF THE INVESTIGATIONS TO19
677+THE DATA SYSTEM.20
678+E. I
679+F AN ADVERSE ACTION IS TAKEN BY THE HOME STATE AGAINST A21
680+L
681+ICENSEE'S MULTISTATE LICENSE, THE LICENSEE'S22
682+A
683+UTHORIZATION TO PRACTICE IN ALL OTHER MEMBER STATES23
684+SHALL BE DEACTIVATED UNTIL ALL ENCUMBRANCES HAVE BEEN24
685+REMOVED FROM THE HOME STATE LICENSE. ALL HOME STATE25
686+DISCIPLINARY ORDERS THAT IMPOSE AN ADVERSE ACTION AGAINST26
687+A LICENSEE'S MULTISTATE LICENSE SHALL INCLUDE A STATEMENT27
688+1111
689+-17- THAT THE COSMETOLOGIST'S AUTHORIZATION TO PRACTICE IS1
690+DEACTIVATED IN ALL MEMBER STATES DURING THE PENDENCY OF2
691+THE ORDER.3
692+F. N
693+OTHING IN THIS COMPACT OVERRIDES A MEMBER STATE'S4
694+AUTHORITY TO ACCEPT A LICENSEE'S PARTICIPATION IN AN5
695+A
696+LTERNATIVE PROGRAM IN LIEU OF ADVERSE ACTION. A6
697+L
698+ICENSEE'S MULTISTATE LICENSE SHALL BE SUSPENDED FOR THE7
699+DURATION OF THE LICENSEE'S PARTICIPATION IN ANY8
700+A
701+LTERNATIVE PROGRAM.9
702+G. J
703+OINT INVESTIGATIONS10
704+1. I
705+N ADDITION TO THE AUTHORITY GRANTED TO A MEMBER11
706+S
707+TATE BY ITS RESPECTIVE SCOPE OF PRACTICE LAWS OR12
708+OTHER APPLICABLE STATE LAW, A MEMBER STATE MAY13
709+PARTICIPATE WITH OTHER MEMBER STATES IN JOINT14
710+INVESTIGATIONS OF LICENSEES.15
711+2. M
712+EMBER STATES SHALL SHARE ANY INVESTIGATIVE ,16
713+LITIGATION, OR COMPLIANCE MATERIALS IN FURTHERANCE17
714+OF ANY JOINT OR INDIVIDUAL INVESTIGATION INITIATED18
715+UNDER THE COMPACT.19
716+ARTICLE 8 - ACTIVE MILITARY MEMBERS20
717+AND THEIR SPOUSES21
718+A
719+CTIVE MILITARY MEMBERS OR THEIR SPOUSES SHALL DESIGNATE A22
720+H
721+OME STATE WHERE THE INDIVIDUAL HAS A CURRENT LICENSE TO23
722+PRACTICE COSMETOLOGY IN GOOD STANDING . THE INDIVIDUAL MAY24
723+RETAIN THEIR HOME STATE DESIGNATION DURING ANY PERIOD OF SERVICE25
724+WHEN THAT INDIVIDUAL OR THEIR SPOUSE IS ON ACTIVE DUTY26
725+ASSIGNMENT.27
726+1111
727+-18- ARTICLE 9 - ESTABLISHMENT AND OPERATION OF THE1
728+COSMETOLOGY LICENSURE COMPACT COMMISSION2
729+A. T
730+HE COMPACT MEMBER STATES HEREBY CREATE AND ESTABLISH3
731+A JOINT GOVERNMENT AGENCY , THE MEMBERSHIP OF WHICH4
732+CONSISTS OF ALL MEMBER STATES THAT HAVE ENACTED THE5
733+C
734+OMPACT, KNOWN AS THE COSMETOLOGY LICENSURE COMPACT6
735+C
736+OMMISSION. THE COMMISSION IS AN INSTRUMENTALITY OF THE7
737+C
738+OMPACT MEMBER STATES ACTING JOINTLY AND NOT AN8
739+INSTRUMENTALITY OF ANY ONE STATE. THE COMMISSION SHALL9
740+COME INTO EXISTENCE ON OR AFTER THE EFFECTIVE DATE OF THE10
741+C
742+OMPACT AS SET FORTH IN ARTICLE 13.11
325743 B. M
326-EMBER STATES MAY CHARGE A FEE FOR GRANTING A LICENSE TO
327-PRACTICE
328-COSMETOLOGY.
329-C. I
330-NDIVIDUALS NOT RESIDING IN A MEMBER STATE MAY APPLY FOR A
331-MEMBER STATE'S SINGLE-STATE LICENSE AS PROVIDED UNDER THE
332-LAWS OF EACH
333-MEMBER STATE. HOWEVER, THE SINGLE-STATE
334-LICENSE GRANTED TO THESE INDIVIDUALS SHALL NOT BE
335-RECOGNIZED AS GRANTING A
336-MULTISTATE LICENSE TO PROVIDE
337-SERVICES IN ANY OTHER
338-MEMBER STATE.
339-PAGE 7-HOUSE BILL 24-1111 D. NOTHING IN THIS COMPACT AFFECTS THE REQUIREMENTS
340-ESTABLISHED BY A
341-MEMBER STATE FOR THE ISSUANCE OF A
342-SINGLE-STATE LICENSE.
343-E. A
344- MULTISTATE LICENSE ISSUED TO A LICENSEE BY A HOME STATE TO
345-A RESIDENT OF THAT
346-STATE SHALL BE RECOGNIZED BY EACH
347-MEMBER STATE AS AUTHORIZING A LICENSEE TO PRACTICE
348-COSMETOLOGY IN EACH MEMBER STATE.
744+EMBERSHIP, VOTING, AND MEETINGS12
745+1. E
746+ACH MEMBER STATE SHALL HAVE AND BE LIMITED TO ONE13
747+(1)
748+ DELEGATE SELECTED BY THAT MEMBER STATE'S STATE14
749+L
750+ICENSING AUTHORITY.15
751+2. T
752+HE DELEGATE SHALL BE AN ADMINISTRATOR OF THE STATE16
753+L
754+ICENSING AUTHORITY OF THE MEMBER STATE OR THEIR17
755+DESIGNEE.18
756+3. T
757+HE COMMISSION SHALL BY RULE OR BYLAW ESTABLISH A19
758+TERM OF OFFICE FOR DELEGATES AND MAY BY RULE OR20
759+BYLAW ESTABLISH TERM LIMITS.21
760+4. T
761+HE COMMISSION MAY RECOMMEND REMOVAL OR22
762+SUSPENSION OF ANY DELEGATE FROM OFFICE .23
763+5. A
764+ MEMBER STATE'S STATE LICENSING AUTHORITY SHALL24
765+FILL ANY VACANCY OF ITS DELEGATE OCCURRING ON THE25
766+C
767+OMMISSION WITHIN 60 DAYS OF THE VACANCY.26
768+6. E
769+ACH DELEGATE SHALL BE ENTITLED TO ONE VOTE ON ALL27
770+1111
771+-19- MATTERS THAT ARE VOTED ON BY THE COMMISSION.1
772+7. T
773+HE COMMISSION SHALL MEET AT LEAST ONCE DURING2
774+EACH CALENDAR YEAR . ADDITIONAL MEETINGS MAY BE3
775+HELD AS SET FORTH IN THE BYLAWS. THE COMMISSION MAY4
776+MEET BY TELECOMMUNICATION , VIDEO CONFERENCE, OR5
777+OTHER SIMILAR ELECTRONIC MEANS .6
778+C. T
779+HE COMMISSION SHALL HAVE THE FOLLOWING POWERS :7
780+1. E
781+STABLISH THE FISCAL YEAR OF THE COMMISSION;8
782+2. E
783+STABLISH CODE OF CONDUCT AND CONFLICT OF INTEREST9
784+POLICIES;10
785+3. A
786+DOPT RULES AND BYLAWS;11
787+4. M
788+AINTAIN ITS FINANCIAL RECORDS IN ACCORDANCE WITH12
789+THE BYLAWS;13
790+5. M
791+EET AND TAKE SUCH ACTIONS AS ARE CONSISTENT WITH14
792+THE PROVISIONS OF THIS COMPACT, THE COMMISSION'S15
793+R
794+ULES, AND THE BYLAWS;16
795+6. I
796+NITIATE AND CONCLUDE LEGAL PROCEEDINGS OR ACTIONS17
797+IN THE NAME OF THE COMMISSION, PROVIDED THAT THE18
798+STANDING OF ANY STATE LICENSING AUTHORITY TO SUE OR19
799+BE SUED UNDER APPLICABLE LAW IS NOT AFFECTED ;20
800+7. M
801+AINTAIN AND CERTIFY RECORDS AND INFORMATION21
802+PROVIDED TO A MEMBER STATE AS THE AUTHENTICATED22
803+BUSINESS RECORDS OF THE COMMISSION AND DESIGNATE23
804+AN AGENT TO DO SO ON THE COMMISSION'S BEHALF;24
805+8. P
806+URCHASE AND MAINTAIN INSURANCE AND BONDS ;25
807+9. B
808+ORROW, ACCEPT, OR CONTRACT FOR SERVICES OF26
809+PERSONNEL, INCLUDING, BUT NOT LIMITED TO, EMPLOYEES27
810+1111
811+-20- OF A MEMBER STATE;1
812+10. C
813+ONDUCT AN ANNUAL FINANCIAL REVIEW ;2
814+11. H
815+IRE EMPLOYEES, ELECT OR APPOINT OFFICERS , FIX3
816+COMPENSATION, DEFINE DUTIES, GRANT SUCH INDIVIDUALS4
817+APPROPRIATE AUTHORITY TO CARRY OUT THE PURPOSES OF5
818+THE COMPACT, AND ESTABLISH THE COMMISSION'S6
819+PERSONNEL POLICIES AND PROGRAMS RELATING TO7
820+CONFLICTS OF INTEREST, QUALIFICATIONS OF PERSONNEL,8
821+AND OTHER RELATED PERSONNEL MATTERS ;9
822+12. A
823+S SET FORTH IN THE COMMISSION RULES, CHARGE A FEE10
824+TO A LICENSEE FOR THE GRANT OF A MULTISTATE LICENSE11
825+AND THEREAFTER , AS MAY BE ESTABLISHED BY12
826+C
827+OMMISSION RULE, CHARGE THE LICENSEE A MULTISTATE13
828+L
829+ICENSE RENEWAL FEE FOR EACH RENEWAL PERIOD .14
830+N
831+OTHING HEREIN SHALL BE CONSTRUED TO PREVENT A15
832+H
833+OME STATE FROM CHARGING A LICENSEE A FEE FOR A16
834+M
835+ULTISTATE LICENSE OR RENEWALS OF A MULTISTATE17
836+L
837+ICENSE, OR A FEE FOR THE JURISPRUDENCE REQUIREMENT18
838+IF THE MEMBER STATE IMPOSES SUCH A REQUIREMENT FOR19
839+THE GRANT OF A MULTISTATE LICENSE.20
840+13. A
841+SSESS AND COLLECT FEES;21
842+14. A
843+CCEPT ANY AND ALL APPROPRIATE GIFTS , DONATIONS,22
844+GRANTS OF MONEY , OTHER SOURCES OF REVENUE ,23
845+EQUIPMENT, SUPPLIES, MATERIALS, AND SERVICES AND24
846+RECEIVE, UTILIZE, AND DISPOSE OF THE SAME; PROVIDED25
847+THAT AT ALL TIMES THE COMMISSION SHALL AVOID ANY26
848+APPEARANCE OF IMPROPRIETY OR CONFLICT OF INTEREST ;27
849+1111
850+-21- 15. LEASE, PURCHASE, RETAIN, OWN, HOLD, IMPROVE, OR USE1
851+ANY PROPERTY, REAL, PERSONAL, OR MIXED, OR ANY2
852+UNDIVIDED INTEREST THEREIN;3
853+16. S
854+ELL, CONVEY, MORTGAGE, PLEDGE, LEASE, EXCHANGE,4
855+ABANDON, OR OTHERWISE DISPOSE OF ANY PROPERTY, REAL,5
856+PERSONAL, OR MIXED;6
857+17. E
858+STABLISH A BUDGET AND MAKE EXPENDITURES ;7
859+18. B
860+ORROW MONEY;8
861+19. A
862+PPOINT COMMITTEES, INCLUDING STANDING COMMITTEES,9
863+COMPOSED OF MEMBERS , STATE REGULATORS, STATE10
864+LEGISLATORS OR THEIR REPRESENTATIVES , CONSUMER11
865+REPRESENTATIVES, AND SUCH OTHER INTERESTED PERSONS12
866+AS MAY BE DESIGNATED IN THIS COMPACT AND THE13
867+BYLAWS;14
868+20. P
869+ROVIDE AND RECEIVE INFORMATION FROM , AND15
870+COOPERATE WITH, LAW ENFORCEMENT AGENCIES ;16
871+21. E
872+LECT A CHAIR, VICE CHAIR, SECRETARY, TREASURER,17
873+AND SUCH OTHER OFFICERS OF THE COMMISSION AS18
874+PROVIDED IN THE COMMISSION'S BYLAWS;19
875+22. E
876+STABLISH AND ELECT AN EXECUTIVE COMMITTEE,20
877+INCLUDING A CHAIR AND A VICE CHAIR;21
878+23. A
879+DOPT AND PROVIDE TO THE MEMBER STATES AN ANNUAL22
880+REPORT;23
881+24. D
882+ETERMINE WHETHER A STATE'S ADOPTED LANGUAGE IS24
883+MATERIALLY DIFFERENT FROM THE MODEL COMPACT25
884+LANGUAGE SUCH THAT THE STATE WOULD NOT QUALIFY26
885+FOR PARTICIPATION IN THE COMPACT; AND27
886+1111
887+-22- 25. PERFORM SUCH OTHER FUNCTIONS AS MAY BE NECESSARY1
888+OR APPROPRIATE TO ACHIEVE THE PURPOSES OF THIS2
889+C
890+OMPACT.3
891+D. T
892+HE EXECUTIVE COMMITTEE4
893+1. T
894+HE EXECUTIVE COMMITTEE SHALL HAVE THE POWER TO5
895+ACT ON BEHALF OF THE COMMISSION ACCORDING TO THE6
896+TERMS OF THIS COMPACT. THE POWERS, DUTIES, AND7
897+RESPONSIBILITIES OF THE EXECUTIVE COMMITTEE SHALL8
898+INCLUDE:9
899+a. O
900+VERSEEING THE DAY-TO-DAY ACTIVITIES OF THE10
901+ADMINISTRATION OF THE COMPACT INCLUDING11
902+COMPLIANCE WITH THE PROVISIONS OF THE12
903+C
904+OMPACT, THE COMMISSION'S RULES AND BYLAWS,13
905+AND OTHER SUCH DUTIES AS DEEMED NECESSARY ; 14
906+b. R
907+ECOMMENDING TO THE COMMISSION CHANGES TO15
908+THE RULES OR BYLAWS, CHANGES TO THIS COMPACT16
909+LEGISLATION, FEES CHARGED TO COMPACT MEMBER17
910+S
911+TATES, FEES CHARGED TO LICENSEES, AND OTHER18
912+FEES;19
913+c. E
914+NSURING COMPACT ADMINISTRATION SERVICES20
915+ARE APPROPRIATELY PROVIDED , INCLUDING BY21
916+CONTRACT;22
917+d. P
918+REPARING AND RECOMMENDING THE BUDGET ;23
919+e. M
920+AINTAINING FINANCIAL RECORDS ON BEHALF OF24
921+THE COMMISSION;25
922+f. M
923+ONITORING COMPACT COMPLIANCE OF MEMBER26
924+S
925+TATES AND PROVIDING COMPLIANCE REPORTS TO27
926+1111
927+-23- THE COMMISSION;1
928+g. E
929+STABLISHING ADDITI ONAL COMMITTEES AS2
930+NECESSARY;3
931+h. E
932+XERCISING THE POWERS AND DUTIES OF THE4
933+C
934+OMMISSION DURING THE INTERIM BETWEEN5
935+C
936+OMMISSION MEETINGS, EXCEPT FOR ADOPTING OR6
937+AMENDING RULES, ADOPTING OR AMENDING7
938+BYLAWS, AND EXERCISING ANY OTHER POWERS AND8
939+DUTIES EXPRESSLY RESERVED TO THE COMMISSION9
940+BY RULE OR BYLAW; AND10
941+i. O
942+THER DUTIES AS PROVIDED IN THE RULES OR11
943+BYLAWS OF THE COMMISSION.12
944+2. T
945+HE EXECUTIVE COMMITTEE SHALL BE COMPOSED OF UP TO13
946+SEVEN VOTING MEMBERS:14
947+a. T
948+HE CHAIR AND VICE CHAIR OF THE COMMISSION15
949+AND ANY OTHER MEMBERS OF THE COMMISSION16
950+WHO SERVE ON THE EXECUTIVE COMMITTEE SHALL17
951+BE VOTING MEMBERS OF THE EXECUTIVE18
952+C
953+OMMITTEE; AND19
954+b. O
955+THER THAN THE CHAIR, VICE CHAIR, SECRETARY,20
956+AND TREASURER, THE COMMISSION SHALL ELECT21
957+THREE VOTING MEMBERS FROM THE CURRENT22
958+MEMBERSHIP OF THE COMMISSION.23
959+c. T
960+HE COMMISSION MAY ELECT EX OFFICIO ,24
961+NONVOTING MEMBERS FROM A RECOGNIZED25
962+NATIONAL COSMETOLOGY PROFESSI ONAL26
963+ASSOCIATION AS APPROVED BY THE COMMISSION.27
964+1111
965+-24- THE COMMISSION'S BYLAWS SHALL IDENTIFY1
966+QUALIFYING ORGANIZATIONS AND THE MANNER OF2
967+APPOINTMENT IF THE NUMBER OF ORGANIZATIONS3
968+SEEKING TO APPOINT AN EX OFFICIO MEMBER4
969+EXCEEDS THE NUMBER OF MEMBERS SPECIFIED IN5
970+THIS ARTICLE.6
971+3. T
972+HE COMMISSION MAY REMOVE ANY MEMBER OF THE7
973+E
974+XECUTIVE COMMITTEE AS PROVIDED IN THE COMMISSION'S8
975+BYLAWS.9
976+4. T
977+HE EXECUTIVE COMMITTEE SHALL MEET AT LEAST10
978+ANNUALLY.11
979+a. A
980+NNUAL EXECUTIVE COMMITTEE MEETINGS, AS12
981+WELL AS ANY EXECUTIVE COMMITTEE MEETING AT13
982+WHICH IT DOES NOT TAKE OR INTEND TO TAKE14
983+FORMAL ACTION ON A MATTER FOR WHICH A15
984+C
985+OMMISSION VOTE WOULD OTHERWISE BE16
986+REQUIRED, SHALL BE OPEN TO THE PUBLIC, EXCEPT17
987+THAT THE EXECUTIVE COMMITTEE MAY MEET IN A18
988+CLOSED, NON-PUBLIC SESSION OF A PUBLIC MEETING19
989+WHEN DEALING WITH ANY OF THE MATTERS20
990+COVERED UNDER ARTICLE 9.F.4.21
991+b. T
992+HE EXECUTIVE COMMITTEE SHALL GIVE FIVE22
993+BUSINESS DAYS' ADVANCE NOTICE OF ITS PUBLIC23
994+MEETINGS, POSTED ON ITS WEBSITE AND AS24
995+DETERMINED BY THE EXECUTIVE COMMITTEE, TO25
996+PROVIDE NOTICE TO PERSONS WITH AN INTEREST IN26
997+THE PUBLIC MATTERS THE EXECUTIVE COMMITTEE27
998+1111
999+-25- INTENDS TO ADDRESS AT THOSE MEETINGS .1
1000+5. T
1001+HE EXECUTIVE COMMITTEE MAY HOLD AN EMERGENCY2
1002+MEETING WHEN ACTING FOR THE COMMISSION TO:3
1003+a. M
1004+EET AN IMMINENT THREAT TO PUBLIC HEALTH ,4
1005+SAFETY, OR WELFARE;5
1006+b. P
1007+REVENT A LOSS OF COMMISSION OR MEMBER6
1008+S
1009+TATE FUNDS; OR7
1010+c. P
1011+ROTECT PUBLIC HEALTH AND SAFETY .8
1012+E. T
1013+HE COMMISSION SHALL ADOPT AND PROVIDE TO THE MEMBER9
1014+S
1015+TATES AN ANNUAL REPORT.10
1016+F. M
1017+EETINGS OF THE COMMISSION11
1018+1. A
1019+LL MEETINGS OF THE COMMISSION THAT ARE NOT CLOSED12
1020+PURSUANT TO ARTICLE 9.F.4 SHALL BE OPEN TO THE13
1021+PUBLIC. NOTICE OF PUBLIC MEETINGS SHALL BE POSTED ON14
1022+THE COMMISSION'S WEBSITE AT LEAST THIRTY (30) DAYS15
1023+PRIOR TO THE PUBLIC MEETING.16
1024+2. N
1025+OTWITHSTANDING ARTICLE 9.F.1, THE COMMISSION MAY17
1026+CONVENE AN EMERGENCY PUBLIC MEETING BY PROVIDING18
1027+AT LEAST TWENTY-FOUR (24) HOURS' PRIOR NOTICE ON THE19
1028+C
1029+OMMISSION'S WEBSITE, AND ANY OTHER MEANS AS20
1030+PROVIDED IN THE COMMISSION'S RULES, FOR ANY OF THE21
1031+REASONS IT MAY DISPENSE WITH NOTICE OF PROPOSED22
1032+RULEMAKING UNDER ARTICLE 11.L. THE COMMISSION'S23
1033+LEGAL COUNSEL SHALL CERTIFY THAT ONE OF THE REASONS24
1034+JUSTIFYING AN EMERGENCY PUBLIC MEETING HAS BEEN25
1035+MET.26
1036+3. N
1037+OTICE OF ALL COMMISSION MEETINGS SHALL PROVIDE THE27
1038+1111
1039+-26- TIME, DATE, AND LOCATION OF THE MEETING , AND IF THE1
1040+MEETING IS TO BE HELD OR ACCESSIBLE VIA2
1041+TELECOMMUNICATION , VIDEO CONFERENCE , OR OTHER3
1042+ELECTRONIC MEANS, THE NOTICE SHALL INCLUDE THE4
1043+MECHANISM FOR ACCESS TO THE MEETING .5
1044+4. T
1045+HE COMMISSION MAY CONVENE IN A CLOSED , NON-PUBLIC6
1046+MEETING FOR THE COMMISSION TO DISCUSS:7
1047+a. N
1048+ON-COMPLIANCE OF A MEMBER STATE WITH ITS8
1049+OBLIGATIONS UNDER THE COMPACT;9
1050+b. T
1051+HE EMPLOYMENT, COMPENSATION, DISCIPLINE, OR10
1052+OTHER MATTERS, PRACTICES, OR PROCEDURES11
1053+RELATED TO SPECIFIC EMPLOYEES OR OTHER12
1054+MATTERS RELATED TO THE COMMISSION'S INTERNAL13
1055+PERSONNEL PRACTICES OR PROCEDURES ;14
1056+c. C
1057+URRENT OR THREATENED DISCIPLINE OF A15
1058+L
1059+ICENSEE BY THE COMMISSION OR BY A MEMBER16
1060+S
1061+TATE'S LICENSING AUTHORITY;17
1062+d. C
1063+URRENT, THREATENED , OR REASONABLY18
1064+ANTICIPATED LITIGATION;19
1065+e. N
1066+EGOTIATION OF CONTRACTS FOR THE PURCHASE ,20
1067+LEASE, OR SALE OF GOODS, SERVICES, OR REAL21
1068+ESTATE;22
3491069 f. A
350-T NO POINT SHALL THE COMMISSION HAVE THE POWER TO DEFINE
351-THE EDUCATIONAL OR PROFESSIONAL REQUIREMENTS FOR A LICENSE
352-TO PRACTICE
353-COSMETOLOGY. THE MEMBER STATES SHALL RETAIN
354-SOLE JURISDICTION OVER THE PROVISION OF THESE REQUIREMENTS
355-.
356-ARTICLE 4 - MULTISTATE LICENSE
1070+CCUSING ANY PERSON OF A CRIME OR FORMALLY23
1071+CENSURING ANY PERSON;24
1072+g. T
1073+RADE SECRETS OR COMMERCIAL OR FINANCIAL25
1074+INFORMATION THAT IS PRIVILEGED OR26
1075+CONFIDENTIAL;27
1076+1111
1077+-27- h. INFORMATION OF A PERSONAL NATURE WHERE1
1078+DISCLOSURE WOULD CONSTITUTE A CLEARLY2
1079+UNWARRANTED INVASION OF PERSONAL PRIVACY ;3
1080+i. I
1081+NVESTIGATIVE RECORDS COMPILED FOR LAW4
1082+ENFORCEMENT PURPOSES ;5
1083+j. I
1084+NFORMATION RELATED TO ANY INVESTIGATIVE6
1085+REPORTS PREPARED BY OR ON BEHALF OF OR FOR USE7
1086+OF THE COMMISSION OR OTHER COMMITTEE8
1087+CHARGED WITH RESPONSIBILITY OF INVESTIGATION9
1088+OR DETERMINATION OF COMPLIANCE ISSUES10
1089+PURSUANT TO THE COMPACT;11
1090+k. L
1091+EGAL ADVICE;12
1092+l. M
1093+ATTERS SPECIFICALLY EXEMPTED FROM13
1094+DISCLOSURE TO THE PUBLIC BY FEDERAL OR14
1095+M
1096+EMBER STATE LAW; OR15
1097+m. O
1098+THER MATTERS AS PROMULGATED BY THE16
1099+C
1100+OMMISSION BY RULE.17
1101+5. I
1102+F A MEETING, OR PORTION OF A MEETING, IS CLOSED, THE18
1103+PRESIDING OFFICER SHALL STATE THAT THE MEETING WILL19
1104+BE CLOSED AND REFERENCE EACH RELEVANT EXEMPTING20
1105+PROVISION, AND SUCH REFERENCE SHALL BE RECORDED IN21
1106+THE MINUTES.22
1107+6. T
1108+HE COMMISSION SHALL KEEP MINUTES THAT FULLY AND23
1109+CLEARLY DESCRIBE ALL MATTERS DISCUSSED IN A MEETING24
1110+AND SHALL PROVIDE A FULL AND ACCURATE SUMMARY OF25
1111+ACTIONS TAKEN AND THE REASONS THEREFORE , INCLUDING26
1112+A DESCRIPTION OF THE VIEWS EXPRESSED. ALL DOCUMENTS27
1113+1111
1114+-28- CONSIDERED IN CONNECTION WITH AN ACTION SHALL BE1
1115+IDENTIFIED IN SUCH MINUTES . ALL MINUTES AND2
1116+DOCUMENTS OF A CLOSED MEETING SHALL REMAIN UNDER3
1117+SEAL, SUBJECT TO RELEASE ONLY BY A MAJORITY VOTE OF4
1118+THE COMMISSION OR ORDER OF A COURT OF COMPETENT5
1119+JURISDICTION.6
1120+G. F
1121+INANCING OF THE COMMISSION7
1122+1. T
1123+HE COMMISSION SHALL PAY , OR PROVIDE FOR THE8
1124+PAYMENT OF, THE REASONABLE EXPENSES OF ITS9
1125+ESTABLISHMENT, ORGANIZATION, AND ONGOING ACTIVITIES.10
1126+2. T
1127+HE COMMISSION MAY ACCEPT ANY AND ALL APPROPRIATE11
1128+SOURCES OF REVENUE , DONATIONS, AND GRANTS OF12
1129+MONEY, EQUIPMENT, SUPPLIES, MATERIALS, AND SERVICES.13
1130+3. T
1131+HE COMMISSION MAY LEVY ON AND COLLECT AN ANNUAL14
1132+ASSESSMENT FROM EACH MEMBER STATE AND IMPOSE FEES15
1133+ON LICENSEES OF MEMBER STATES TO WHOM IT GRANTS A16
1134+M
1135+ULTISTATE LICENSE TO COVER THE COST OF THE17
1136+OPERATIONS AND ACTIVITIES OF THE COMMISSION AND ITS18
1137+STAFF, WHICH MUST BE IN A TOTAL AMOUNT SUFFICIENT TO19
1138+COVER ITS ANNUAL BUDGET AS APPROVED EACH YEAR FOR20
1139+WHICH REVENUE IS NOT PROVIDED BY OTHER SOURCES . THE21
1140+AGGREGATE ANNUAL ASSESSMENT AMOUNT FOR MEMBER22
1141+S
1142+TATES SHALL BE ALLOCATED BASED UPON A FORMULA23
1143+THAT THE COMMISSION SHALL PROMULGATE BY RULE.24
1144+4. T
1145+HE COMMISSION SHALL NOT INCUR OBLIGATIONS OF ANY25
1146+KIND PRIOR TO SECURING THE FUNDS ADEQUATE TO MEET26
1147+THE SAME; NOR SHALL THE COMMISSION PLEDGE THE27
1148+1111
1149+-29- CREDIT OF ANY MEMBER STATES, EXCEPT BY AND WITH THE1
1150+AUTHORITY OF THE MEMBER STATE.2
1151+5. T
1152+HE COMMISSION SHALL KEEP ACCURATE ACCOUNTS OF ALL3
1153+RECEIPTS AND DISBURSEMENTS . THE RECEIPTS AND4
1154+DISBURSEMENTS OF THE COMMISSION SHALL BE SUBJECT TO5
1155+THE FINANCIAL REVIEW AND ACCOUNTING PROCEDURES6
1156+ESTABLISHED UNDER ITS BYLAWS . ALL RECEIPTS AND7
1157+DISBURSEMENTS OF FUNDS HANDLED BY THE COMMISSION8
1158+SHALL BE SUBJECT TO AN ANNUAL FINANCIAL REVIEW BY A9
1159+CERTIFIED OR LICENSED PUBLIC ACCOUNTANT , AND THE10
1160+REPORT OF THE FINANCIAL REVIEW SHALL BE INCLUDED IN11
1161+AND BECOME PART OF THE ANNUAL REPORT OF THE12
1162+C
1163+OMMISSION.13
1164+H. Q
1165+UALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION14
1166+1. T
1167+HE MEMBERS , OFFICERS, EXECUTIVE DIRECTOR ,15
1168+EMPLOYEES, AND REPRESENTATIVES OF THE COMMISSION16
1169+ARE IMMUNE FROM SUIT AND LIABILITY, BOTH PERSONALLY17
1170+AND IN THEIR OFFICIAL CAPACITY, FOR ANY CLAIM FOR18
1171+DAMAGE TO OR LOSS OF PROPERTY OR PERSONAL INJURY OR19
1172+OTHER CIVIL LIABILITY CAUSED BY OR ARISING OUT OF ANY20
1173+ACTUAL OR ALLEGED ACT , ERROR, OR OMISSION THAT21
1174+OCCURRED, OR THAT THE PERSON AGAINST WHOM THE22
1175+CLAIM IS MADE HAD A REASONABLE BASIS FOR BELIEVING23
1176+OCCURRED WITHIN THE SCOPE OF COMMISSION24
1177+EMPLOYMENT, DUTIES, OR RESPONSIBILITIES; PROVIDED25
1178+THAT NOTHING IN THIS PARAGRAPH H.1. SHALL BE26
1179+CONSTRUED TO PROTECT ANY SUCH PERSON FROM SUIT OR27
1180+1111
1181+-30- LIABILITY FOR ANY DAMAGE, LOSS, INJURY, OR LIABILITY1
1182+CAUSED BY THE INTENTIONAL OR WILLFUL OR WANTON2
1183+MISCONDUCT OF THAT PERSON . THE PROCUREMENT OF3
1184+INSURANCE OF ANY TYPE BY THE COMMISSION DOES NOT IN4
1185+ANY WAY COMPROMISE OR LIMIT THE IMMUNITY GRANTED5
1186+HEREUNDER.6
1187+2. T
1188+HE COMMISSION SHALL DEFEND ANY MEMBER , OFFICER,7
1189+EXECUTIVE DIRECTOR, EMPLOYEE, AND REPRESENTATIVE OF8
1190+THE COMMISSION IN ANY CIVIL ACTION SEEKING TO IMPOSE9
1191+LIABILITY ARISING OUT OF ANY ACTUAL OR ALLEGED ACT ,10
1192+ERROR, OR OMISSION THAT OCCURRED WITHIN THE SCOPE OF11
1193+C
1194+OMMISSION EMPLOYMENT , DUTIES, OR RESPONSIBILITIES,12
1195+OR AS DETERMINED BY THE COMMISSION THAT THE PERSON13
1196+AGAINST WHOM THE CLAIM IS MADE HAD A REAS ONABLE14
1197+BASIS FOR BELIEVING OCCURRED WITHIN THE SCOPE OF15
1198+C
1199+OMMISSION EMPLOYMENT , DUTIES, OR RESPONSIBILITIES;16
1200+PROVIDED THAT NOTHING HEREIN SHALL BE CONSTRUED TO17
1201+PROHIBIT THAT PERSON FROM RETAINING THEIR OWN18
1202+COUNSEL AT THEIR OWN EXPENSE; AND PROVIDED FURTHER,19
1203+THAT THE ACTUAL OR ALLEGED ACT , ERROR, OR OMISSION20
1204+DID NOT RESULT FROM THAT PERSON 'S INTENTIONAL OR21
1205+WILLFUL OR WANTON MISCONDUCT .22
1206+3. T
1207+HE COMMISSION SHALL INDEMNIFY AND HOLD HARMLESS23
1208+ANY MEMBER, OFFICER, EXECUTIVE DIRECTOR, EMPLOYEE,24
1209+AND REPRESENTATIVE OF THE COMMISSION FOR THE25
1210+AMOUNT OF ANY SETTLEMENT OR JUDGMENT OBTAINED26
1211+AGAINST THAT PERSON ARISING OUT OF ANY ACTUAL OR27
1212+1111
1213+-31- ALLEGED ACT, ERROR, OR OMISSION THAT OCCURRED1
1214+WITHIN THE SCOPE OF COMMISSION EMPLOYMENT , DUTIES,2
1215+OR RESPONSIBILITIES, OR THAT SUCH PERSON HAD A3
1216+REASONABLE BASIS FOR BELIEVING OCCURRED WITHIN THE4
1217+SCOPE OF COMMISSION EMPLOYMENT , DUTIES, OR5
1218+RESPONSIBILITIES, PROVIDED THAT THE ACTUAL OR6
1219+ALLEGED ACT, ERROR, OR OMISSION DID NOT RESULT FROM7
1220+THE INTENTIONAL OR WILLFUL OR WANTON MISCONDUCT OF8
1221+THAT PERSON.9
1222+4. N
1223+OTHING HEREIN SHALL BE CONSTRUED AS A LIMITATION10
1224+ON THE LIABILITY OF ANY LICENSEE FOR PROFESSIONAL11
1225+MALPRACTICE OR MISCONDUCT , WHICH SHALL BE12
1226+GOVERNED SOLELY BY ANY OTHER APPLICABLE STATE13
1227+LAWS.14
1228+5. N
1229+OTHING IN THIS COMPACT SHALL BE INTERPRETED TO15
1230+WAIVE OR OTHERWISE ABROGATE A MEMBER STATE'S16
1231+S
1232+TATE ACTION IMMUNITY OR STATE ACTION AFFIRMATIVE17
1233+DEFENSE WITH RESPECT TO ANTITRUST CLAIMS UNDER THE18
1234+S
1235+HERMAN ACT, CLAYTON ACT, OR ANY OTHER STATE OR19
1236+FEDERAL ANTITRUST OR ANTICOMPETITIVE LAW OR20
1237+REGULATION.21
1238+6. N
1239+OTHING IN THIS COMPACT SHALL BE CONSTRUED TO BE A22
1240+WAIVER OF SOVEREIGN IMMUNITY BY THE MEMBER STATES23
1241+OR BY THE COMMISSION.24
1242+ARTICLE 10 - DATA SYSTEM25
3571243 A. T
358-O BE ELIGIBLE TO APPLY TO THEIR HOME STATE'S STATE LICENSING
359-AUTHORITY FOR AN INITIAL MULTISTATE LICENSE UNDER THIS
360-COMPACT, A LICENSEE MUST HOLD AN ACTIVE AND UNENCUMBERED
361-SINGLE-STATE LICENSE TO PRACTICE COSMETOLOGY IN THEIR HOME
362-STATE.
363-B. U
364-PON THE RECEIPT OF AN APPLICATION FOR A MULTISTATE LICENSE,
365-ACCORDING TO THE RULES OF THE COMMISSION, A MEMBER STATE'S
366-STATE LICENSING AUTHORITY SHALL ASCERTAIN WHETHER THE
367-APPLICANT MEETS THE REQUIREMENTS FOR A
368-MULTISTATE LICENSE
369-UNDER THIS
370-COMPACT.
371-C. I
372-F AN APPLICANT MEETS THE REQUIREMENTS FOR A MULTISTATE
373-LICENSE UNDER THIS COMPACT AND ANY APPLICABLE RULES OF THE
374-COMMISSION, THE STATE LICENSING AUTHORITY IN RECEIPT OF THE
375-APPLICATION SHALL
376-, WITHIN A REASONABLE TIME , GRANT A
377-MULTISTATE LICENSE TO THAT APPLICANT , AND INFORM ALL
378-MEMBER STATES OF THE GRANT OF SAID MULTISTATE LICENSE.
379-D. A
380- MULTISTATE LICENSE TO PRACTICE COSMETOLOGY ISSUED BY A
381-MEMBER STATE'S STATE LICENSING AUTHORITY SHALL BE
382-RECOGNIZED BY EACH
383-MEMBER STATE AS AUTHORIZING THE
384-PRACTICE THEREOF AS THOUGH THAT
385-LICENSEE HELD A
386-SINGLE-STATE LICENSE TO DO SO IN EACH MEMBER STATE, SUBJECT
387-PAGE 8-HOUSE BILL 24-1111 TO THE RESTRICTIONS HEREIN.
388-E. A
389- MULTISTATE LICENSE GRANTED PURSUANT TO THIS COMPACT MAY
390-BE EFFECTIVE FOR A DEFINITE PERIOD OF TIME
391-, CONCURRENT WITH
392-THE LICENSURE RENEWAL PERIOD IN THE
393-HOME STATE.
394-F. T
395-O MAINTAIN A MULTISTATE LICENSE UNDER THIS COMPACT, A
396-LICENSEE MUST:
1244+HE COMMISSION SHALL PROVIDE FOR THE DEVELOPMENT ,26
1245+MAINTENANCE, OPERATION, AND UTILIZATION OF A COORDINATED27
1246+1111
1247+-32- DATABASE AND REPORTING SYSTEM .1
1248+B. T
1249+HE COMMISSION SHALL ASSIGN EACH APPLICANT FOR A2
1250+M
1251+ULTISTATE LICENSE A UNIQUE IDENTIFIER, AS DETERMINED BY3
1252+THE RULES OF THE COMMISSION.4
1253+C. N
1254+OTWITHSTANDING ANY OTHER PROVISION OF STATE LAW TO THE5
1255+CONTRARY, A MEMBER STATE SHALL SUBMIT A UNIFORM DATA SET6
1256+TO THE DATA SYSTEM ON ALL INDIVIDUALS TO WHOM THIS7
1257+C
1258+OMPACT IS APPLICABLE AS REQUIRED BY THE RULES OF THE8
1259+C
1260+OMMISSION, INCLUDING:9
1261+1. I
1262+DENTIFYING INFORMATION;10
1263+2. L
1264+ICENSURE DATA;11
1265+3. A
1266+DVERSE ACTIONS AGAINST A LICENSE AND INFORMATION12
1267+RELATED THERETO;13
1268+4. N
1269+ON-CONFIDENTIAL INFORMATION RELATED TO14
1270+A
1271+LTERNATIVE PROGRAM PARTICIPATION, THE BEGINNING15
1272+AND ENDING DATES OF SUCH PARTICIPATION , AND OTHER16
1273+INFORMATION RELATED TO SUCH PARTICIPATION ;17
1274+5. A
1275+NY DENIAL OF APPLICATION FOR LICENSURE , AND THE18
1276+REASON(S) FOR SUCH DENIAL (EXCLUDING THE REPORTING19
1277+OF ANY CRIMINAL HISTORY RECORD INFORMATION WHERE20
1278+PROHIBITED BY LAW);21
1279+6. T
1280+HE EXISTENCE OF INVESTIGATIVE INFORMATION;22
1281+7. T
1282+HE EXISTENCE OF CURRENT SIGNIFICANT INVESTIGATIVE23
1283+I
1284+NFORMATION; AND24
1285+8. O
1286+THER INFORMATION THAT MAY FACILITATE THE25
1287+ADMINISTRATION OF THIS COMPACT OR THE PROTECTION OF26
1288+THE PUBLIC, AS DETERMINED BY THE RULES OF THE27
1289+1111
1290+-33- COMMISSION.1
1291+D. T
1292+HE RECORDS AND INFORMATION PROVIDED TO A MEMBER STATE2
1293+PURSUANT TO THIS COMPACT OR THROUGH THE DATA SYSTEM,3
1294+WHEN CERTIFIED BY THE COMMISSION OR AN AGENT THEREOF ,4
1295+CONSTITUTE THE AUTHENTICATED BUSINESS RECORDS OF THE5
1296+C
1297+OMMISSION, AND SHALL BE ENTITLED TO ANY ASSOCIATED6
1298+HEARSAY EXCEPTION IN ANY RELEVANT JUDICIAL , QUASI-JUDICIAL,7
1299+OR ADMINISTRATIVE PROCEEDINGS IN A MEMBER STATE.8
1300+E. T
1301+HE EXISTENCE OF CURRENT SIGNIFICANT INVESTIGATIVE9
1302+I
1303+NFORMATION AND THE EXISTENCE OF INVESTIGATIVE10
1304+I
1305+NFORMATION PERTAINING TO A LICENSEE IN ANY MEMBER STATE11
1306+WILL ONLY BE AVAILABLE TO OTHER MEMBER STATES.12
1307+F. I
1308+T IS THE RESPONSIBILITY OF THE MEMBER STATES TO MONITOR13
1309+THE DATABASE TO DETERMINE WHETHER ADVERSE ACTION HAS14
1310+BEEN TAKEN AGAINST SUCH A LICENSEE OR LICENSE APPLICANT.15
1311+A
1312+DVERSE ACTION INFORMATION PERTAINING TO A LICENSEE OR16
1313+L
1314+ICENSE APPLICANT IN ANY MEMBER STATE WILL BE AVAILABLE17
1315+TO ANY OTHER MEMBER STATE.18
1316+G. M
1317+EMBER STATES CONTRIBUTING INFORMATION TO THE DATA19
1318+S
1319+YSTEM MAY DESIGNATE INFORMATION THAT MAY NOT BE SHARED20
1320+WITH THE PUBLIC WITHOUT THE EXPRESS PERMISSION OF THE21
1321+CONTRIBUTING STATE.22
1322+H. A
1323+NY INFORMATION SUBMITTED TO THE DATA SYSTEM THAT IS23
1324+SUBSEQUENTLY EXPUNGED PURSUANT TO FEDERAL LAW OR THE24
1325+LAWS OF THE MEMBER STATE CONTRIBUTING THE INFORMATION25
1326+SHALL BE REMOVED FROM THE DATA SYSTEM.26
1327+ARTICLE 11 - RULEMAKING27
1328+1111
1329+-34- A. THE COMMISSION SHALL PROMULGATE REASONABLE RULES IN1
1330+ORDER TO EFFECTIVELY AND EFFICIENTLY IMPLEMENT AND2
1331+ADMINISTER THE PURPOSES AND PROVISIONS OF THE COMPACT. A3
1332+R
1333+ULE IS INVALID AND HAS NO FORCE OR EFFECT ONLY IF A COURT4
1334+OF COMPETENT JURISDICTION HOLDS THAT THE RULE IS INVALID5
1335+BECAUSE THE COMMISSION EXERCISED ITS RULEMAKING6
1336+AUTHORITY IN A MANNER THAT IS BEYOND THE SCOPE AND7
1337+PURPOSES OF THE COMPACT, OR THE POWERS GRANTED8
1338+HEREUNDER, OR BASED UPON ANOTHER APPLICABLE STANDARD OF9
1339+REVIEW.10
1340+B. T
1341+HE RULES OF THE COMMISSION HAVE THE FORCE OF LAW IN EACH11
1342+M
1343+EMBER STATE, PROVIDED, HOWEVER, THAT WHERE THE RULES OF12
1344+THE COMMISSION CONFLICT WITH THE LAWS OF THE MEMBER13
1345+S
1346+TATE THAT ESTABLISH THE MEMBER STATE'S SCOPE OF PRACTICE14
1347+LAWS GOVERNING THE PRACTICE OF COSMETOLOGY AS HELD BY A15
1348+COURT OF COMPETENT JURISDICTION , THE RULES OF THE16
1349+C
1350+OMMISSION ARE INEFFECTIVE IN THAT STATE TO THE EXTENT OF17
1351+THE CONFLICT.18
1352+C. T
1353+HE COMMISSION SHALL EXERCISE ITS RULEMAKING POWERS19
1354+PURSUANT TO THE CRITERIA SET FORTH IN THIS ARTICLE AND THE20
1355+R
1356+ULES ADOPTED BECOME BINDING AS OF THE DATE SPECIFIED BY21
1357+THE COMMISSION FOR EACH RULE.22
1358+D. I
1359+F A MAJORITY OF THE LEGISLATURES OF THE MEMBER STATES23
1360+REJECTS A RULE OR PORTION OF A RULE, BY ENACTMENT OF A24
1361+STATUTE OR RESOLUTION IN THE SAME MANNER USED TO ADOPT25
1362+THE COMPACT WITHIN FOUR (4) YEARS OF THE DATE OF ADOPTION26
1363+OF THE RULE, THEN SUCH RULE HAS NO FURTHER FORCE AND27
1364+1111
1365+-35- EFFECT IN ANY MEMBER STATE OR TO ANY STATE APPLYING TO1
1366+PARTICIPATE IN THE COMPACT.2
1367+E. R
1368+ULES SHALL BE ADOPTED AT A REGULAR OR SPECIAL MEETING OF3
1369+THE COMMISSION.4
1370+F. P
1371+RIOR TO ADOPTION OF A PROPOSED RULE, THE COMMISSION SHALL5
1372+HOLD A PUBLIC HEARING AND ALLOW PERSONS TO PROVIDE ORAL6
1373+AND WRITTEN COMMENTS , DATA, FACTS, OPINIONS, AND7
1374+ARGUMENTS.8
1375+G. P
1376+RIOR TO ADOPTION OF A PROPOSED RULE BY THE COMMISSION,9
1377+AND AT LEAST THIRTY (30) DAYS IN ADVANCE OF THE MEETING AT10
1378+WHICH THE COMMISSION WILL HOLD A PUBLIC HEARING ON THE11
1379+PROPOSED RULE, THE COMMISSION SHALL PROVIDE A NOTICE OF12
1380+PROPOSED RULEMAKING :13
1381+1. O
1382+N THE WEBSITE OF THE COMMISSION OR OTHER PUBLICLY14
1383+ACCESSIBLE PLATFORM;15
1384+2. T
1385+O PERSONS WHO HAVE REQUESTED NOTICE OF THE16
1386+C
1387+OMMISSION'S NOTICES OF PROPOSED RULEMAKING ; AND17
1388+3. I
1389+N SUCH OTHER WAY(S) AS THE COMMISSION MAY BY RULE18
1390+SPECIFY.19
1391+H. T
1392+HE NOTICE OF PROPOSED RULEMAKING SHALL INCLUDE :20
1393+1. T
1394+HE TIME, DATE, AND LOCATION OF THE PUBLIC HEARING AT21
1395+WHICH THE COMMISSION WILL HEAR PUBLIC COMMENTS ON22
1396+THE PROPOSED RULE AND, IF DIFFERENT, THE TIME, DATE,23
1397+AND LOCATION OF THE MEETING WHERE THE COMMISSION24
1398+WILL CONSIDER AND VOTE ON THE PROPOSED RULE;25
1399+2. I
1400+F THE HEARING IS HELD VIA TELECOMMUNICATION , VIDEO26
1401+CONFERENCE, OR OTHER ELECTRONIC MEANS , THE27
1402+1111
1403+-36- MECHANISM FOR ACCESS TO THE HEARING IN THE NOTICE OF1
1404+PROPOSED RULEMAKING ;2
1405+3. T
1406+HE TEXT OF THE PROPOSED RULE AND THE REASON3
1407+THEREFOR;4
1408+4. A
1409+ REQUEST FOR COMMENTS ON THE PROPOSED RULE FROM5
1410+ANY INTERESTED PERSON; AND6
1411+5. T
1412+HE MANNER IN WHICH INTERESTED PERSONS MAY SUBMIT7
1413+WRITTEN COMMENTS.8
1414+I. A
1415+LL HEARINGS WILL BE RECORDED . A COPY OF THE RECORDING9
1416+AND ALL WRITTEN COMMENTS AND DOCUMENTS RECEIVED BY THE10
1417+C
1418+OMMISSION IN RESPONSE TO THE PROPOSED RULE SHALL BE11
1419+AVAILABLE TO THE PUBLIC.12
1420+J. N
1421+OTHING IN THIS ARTICLE SHALL BE CONSTRUED AS REQUIRING A13
1422+SEPARATE HEARING ON EACH RULE. RULES MAY BE GROUPED FOR14
1423+THE CONVENIENCE OF THE COMMISSION AT HEARINGS REQUIRED BY15
1424+THIS ARTICLE.16
1425+K. T
1426+HE COMMISSION SHALL, BY MAJORITY VOTE OF ALL MEMBERS ,17
1427+TAKE FINAL ACTION ON THE PROPOSED RULE BASED ON THE18
1428+RULEMAKING RECORD AND THE FULL TEXT OF THE RULE.19
1429+1. T
1430+HE COMMISSION MAY ADOPT CHANGES TO THE PROPOSED20
1431+R
1432+ULE PROVIDED THE CHANGES DO NOT ENLARGE THE21
1433+ORIGINAL PURPOSE OF THE PROPOSED RULE.22
1434+2. T
1435+HE COMMISSION SHALL PROVIDE AN EXPLANATION OF THE23
1436+REASONS FOR SUBSTANTIVE CHANGES MADE TO THE24
1437+PROPOSED RULE AS WELL AS REASONS FOR SUBSTANTIVE25
1438+CHANGES NOT MADE THAT WERE RECOMMENDED BY26
1439+COMMENTERS.27
1440+1111
1441+-37- 3. THE COMMISSION SHALL DETERMINE A REASONABLE1
1442+EFFECTIVE DATE FOR THE RULE. EXCEPT FOR AN2
1443+EMERGENCY AS PROVIDED IN ARTICLE 11.L, THE EFFECTIVE3
1444+DATE OF THE RULE SHALL BE NO SOONER THAN FORTY -FIVE4
1445+(45)
1446+ DAYS AFTER THE COMMISSION ISSUING THE NOTICE5
1447+THAT IT ADOPTED OR AMENDED THE RULE.6
1448+L. U
1449+PON DETERMINATION THAT AN EMERGENCY EXISTS , THE7
1450+C
1451+OMMISSION MAY CONSIDER AND ADOPT AN EMERGENCY RULE8
1452+WITH FIVE (5) DAYS' NOTICE, WITH OPPORTUNITY TO COMMENT ,9
1453+PROVIDED THAT THE USUAL RULEMAKING PROCEDURES PROVIDED10
1454+IN THE COMPACT AND IN THIS ARTICLE SHALL BE RETROACTIVELY11
1455+APPLIED TO THE RULE AS SOON AS REASONABLY POSSIBLE , IN NO12
1456+EVENT LATER THAN NINETY (90) DAYS AFTER THE EFFECTIVE DATE13
1457+OF THE RULE. FOR THE PURPOSES OF THIS PROVISION , AN14
1458+EMERGENCY RULE IS ONE THAT MUST BE ADOPTED IMMEDIATELY15
1459+TO:16
1460+1. M
1461+EET AN IMMINENT THREAT TO PUBLIC HEALTH , SAFETY,17
1462+OR WELFARE;18
1463+2. P
1464+REVENT A LOSS OF COMMISSION OR MEMBER STATE19
1465+FUNDS;20
1466+3. M
1467+EET A DEADLINE FOR THE PROMULGATION OF A RULE21
1468+THAT IS ESTABLISHED BY FEDERAL LAW OR RULE ; OR22
1469+4. P
1470+ROTECT PUBLIC HEALTH AND SAFETY .23
1471+M. T
1472+HE COMMISSION OR AN AUTHORIZED COMMITTEE OF THE24
1473+C
1474+OMMISSION MAY DIRECT REVISIONS TO A PREVIOUSLY ADOPTED25
1475+R
1476+ULE FOR PURPOSES OF CORRECTING TYPOGRAPHICAL ERRORS ,26
1477+ERRORS IN FORMAT, ERRORS IN CONSISTENCY, OR GRAMMATICAL27
1478+1111
1479+-38- ERRORS. PUBLIC NOTICE OF ANY REVISIONS SHALL BE POSTED ON1
1480+THE WEBSITE OF THE COMMISSION. THE REVISION IS SUBJECT TO2
1481+CHALLENGE BY ANY PERSON FOR A PERIOD OF THIRTY (30) DAYS3
1482+AFTER POSTING. THE REVISION MAY BE CHALLENGED ONLY ON4
1483+GROUNDS THAT THE REVISION RESULTS IN A MATERIAL CHANGE TO5
1484+A RULE. A CHALLENGE SHALL BE MADE IN WRITING AND6
1485+DELIVERED TO THE COMMISSION PRIOR TO THE END OF THE NOTICE7
1486+PERIOD. IF NO CHALLENGE IS MADE , THE REVISION WILL TAKE8
1487+EFFECT WITHOUT FURTHER ACTION . IF THE REVISION IS9
1488+CHALLENGED, THE REVISION MAY NOT TAKE EFFECT WITHOUT THE10
1489+APPROVAL OF THE COMMISSION.11
1490+N. N
1491+O MEMBER STATE'S RULEMAKING REQUIREMENTS APPLY UNDER12
1492+THIS COMPACT.13
1493+ARTICLE 12 - OVERSIGHT, DISPUTE RESOLUTION,14
1494+AND ENFORCEMENT15
1495+A. O
1496+VERSIGHT16
1497+1. T
1498+HE EXECUTIVE AND JUDICIAL BRANCHES OF STATE17
1499+GOVERNMENT IN EACH MEMBER STATE SHALL ENFORCE18
1500+THIS COMPACT AND TAKE ALL ACTIONS NECESSARY AND19
1501+APPROPRIATE TO IMPLEMENT THE COMPACT.20
1502+2. V
1503+ENUE IS PROPER AND JUDICIAL PROCEEDINGS BY OR21
1504+AGAINST THE COMMISSION SHALL BE BROUGHT SOLELY AND22
1505+EXCLUSIVELY IN A COURT OF COMPETENT JURISDICTION23
1506+WHERE THE PRINCIPAL OFFICE OF THE COMMISSION IS24
1507+LOCATED. THE COMMISSION MAY WAIVE VENUE AND25
1508+JURISDICTIONAL DEFENSES TO THE EXTENT IT ADOPTS OR26
1509+CONSENTS TO PARTICIPATE IN ALTERNATIVE DISPUTE27
1510+1111
1511+-39- RESOLUTION PROCEEDINGS. NOTHING HEREIN AFFECTS OR1
1512+LIMITS THE SELECTION OR PROPRIETY OF VENUE IN ANY2
1513+ACTION AGAINST A LICENSEE FOR PROFESSIONAL3
1514+MALPRACTICE, MISCONDUCT, OR ANY SUCH SIMILAR4
1515+MATTER.5
1516+3. T
1517+HE COMMISSION SHALL BE ENTITLED TO RECEIVE SERVICE6
1518+OF PROCESS IN ANY PROCEEDING REGARDING THE7
1519+ENFORCEMENT OR INTERPRETATION OF THE COMPACT AND8
1520+SHALL HAVE STANDING TO INTERVENE IN SUCH A9
1521+PROCEEDING FOR ALL PURPOSES. FAILURE TO PROVIDE THE10
1522+C
1523+OMMISSION SERVICE OF PROCESS RENDERS A JUDGMENT11
1524+OR ORDER VOID AS TO THE COMMISSION, THIS COMPACT, OR12
1525+PROMULGATED RULES.13
1526+B. D
1527+EFAULT, TECHNICAL ASSISTANCE, AND TERMINATION14
1528+1. I
1529+F THE COMMISSION DETERMINES THAT A MEMBER STATE15
1530+HAS DEFAULTED IN THE PERFORMANCE OF ITS OBLIGATIONS16
1531+OR RESPONSIBILITIES UNDER THIS COMPACT OR THE17
1532+PROMULGATED RULES, THE COMMISSION SHALL PROVIDE18
1533+WRITTEN NOTICE TO THE DEFAULTING STATE. THE NOTICE19
1534+OF DEFAULT SHALL DESCRIBE THE DEFAULT , THE PROPOSED20
1535+MEANS OF CURING THE DEFAULT , AND ANY OTHER ACTION21
1536+THAT THE COMMISSION MAY TAKE , AND SHALL OFFER22
1537+TRAINING AND SPECIFIC TECHNICAL ASSISTANCE REGARDING23
1538+THE DEFAULT.24
1539+2. T
1540+HE COMMISSION SHALL PROVIDE A COPY OF THE NOTICE OF25
1541+DEFAULT TO THE OTHER MEMBER STATES.26
1542+3. I
1543+F A STATE IN DEFAULT FAILS TO CURE THE DEFAULT , THE27
1544+1111
1545+-40- DEFAULTING STATE MAY BE TERMINATED FROM THE1
1546+C
1547+OMPACT UPON AN AFFIRMATIVE VOTE OF A MAJORITY OF2
1548+THE DELEGATES OF THE MEMBER STATES, AND ALL RIGHTS,3
1549+PRIVILEGES, AND BENEFITS CONFERRED ON THAT STATE BY4
1550+THIS COMPACT MAY BE TERMINATED ON THE EFFECTIVE5
1551+DATE OF TERMINATION. A CURE OF THE DEFAULT DOES NOT6
1552+RELIEVE THE OFFENDING STATE OF OBLIGATIONS OR7
1553+LIABILITIES INCURRED DURING THE PERIOD OF DEFAULT .8
1554+4. T
1555+ERMINATION OF MEMBERSHIP IN THE COMPACT SHALL BE9
1556+IMPOSED ONLY AFTER ALL OTHER MEANS OF SECURING10
1557+COMPLIANCE HAVE BEEN EXHAUSTED . NOTICE OF INTENT TO11
1558+SUSPEND OR TERMINATE SHALL BE GIVEN BY THE12
1559+C
1560+OMMISSION TO THE GOVERNOR , THE MAJORITY AND13
1561+MINORITY LEADERS OF THE DEFAULTING STATE'S14
1562+LEGISLATURE, THE DEFAULTING STATE'S STATE LICENSING15
1563+A
1564+UTHORITY, AND EACH OF THE MEMBER STATES' STATE16
1565+L
1566+ICENSING AUTHORITY.17
1567+5. A
1568+ STATE THAT HAS BEEN TERMINATED IS RESPONSIBLE FOR18
1569+ALL ASSESSMENTS , OBLIGATIONS, AND LIABILITIES19
1570+INCURRED THROUGH THE EFFECTIVE DATE OF TERMINATION ,20
1571+INCLUDING OBLIGATIONS THAT EXTEND BEYOND THE21
1572+EFFECTIVE DATE OF TERMINATION.22
1573+6. U
1574+PON THE TERMINATION OF A STATE'S MEMBERSHIP FROM23
1575+THIS COMPACT, THAT STATE SHALL IMMEDIATELY PROVIDE24
1576+NOTICE TO ALL LICENSEES WHO HOLD A MULTISTATE25
1577+L
1578+ICENSE WITHIN THAT STATE OF SUCH TERMINATION. THE26
1579+TERMINATED STATE SHALL CONTINUE TO RECOGNIZE ALL27
1580+1111
1581+-41- LICENSES GRANTED PURSUANT TO THIS COMPACT FOR A1
1582+MINIMUM OF ONE HUNDRED EIGHTY (180) DAYS AFTER THE2
1583+DATE OF SAID NOTICE OF TERMINATION.3
1584+7. T
1585+HE COMMISSION SHALL NOT BEAR ANY COSTS RELATED TO4
1586+A STATE THAT IS FOUND TO BE IN DEFAULT OR THAT HAS5
1587+BEEN TERMINATED FROM THE COMPACT, UNLESS AGREED6
1588+UPON IN WRITING BETWEEN THE COMMISSION AND THE7
1589+DEFAULTING STATE.8
1590+8. T
1591+HE DEFAULTING STATE MAY APPEAL THE ACTION OF THE9
1592+C
1593+OMMISSION BY PETITIONING THE UNITED STATES DISTRICT10
1594+C
1595+OURT FOR THE DISTRICT OF COLUMBIA OR THE FEDERAL11
1596+DISTRICT WHERE THE COMMISSION HAS ITS PRINCIPAL12
1597+OFFICES. THE PREVAILING PARTY SHALL BE AWARDED ALL13
1598+COSTS OF SUCH LITIGATION , INCLUDING REASONABLE14
1599+ATTORNEY'S FEES.15
1600+C. D
1601+ISPUTE RESOLUTION16
1602+1. U
1603+PON REQUEST BY A MEMBER STATE, THE COMMISSION17
1604+SHALL ATTEMPT TO RESOLVE DISPUTES RELATED TO THE18
1605+C
1606+OMPACT THAT ARISE AMONG MEMBER STATES AND19
1607+BETWEEN MEMBER AND NON-MEMBER STATES.20
1608+2. T
1609+HE COMMISSION SHALL PROMULGATE A RULE PROVIDING21
1610+FOR BOTH MEDIATION AND BINDING DISPUTE RESOLUTION22
1611+FOR DISPUTES AS APPROPRIATE.23
1612+D. E
1613+NFORCEMENT24
1614+1. T
1615+HE COMMISSION, IN THE REASONABLE EXERCISE OF ITS25
1616+DISCRETION, SHALL ENFORCE THE PROVISIONS OF THIS26
1617+C
1618+OMPACT AND THE COMMISSION'S RULES.27
1619+1111
1620+-42- 2. BY MAJORITY VOTE AS PROVIDED BY COMMISSION RULE,1
1621+THE COMMISSION MAY INITIATE LEGAL ACTION AGAINST A2
1622+M
1623+EMBER STATE IN DEFAULT IN THE UNITED STATES3
1624+D
1625+ISTRICT COURT FOR THE DISTRICT OF COLUMBIA OR THE4
1626+FEDERAL DISTRICT WHERE THE COMMISSION HAS ITS5
1627+PRINCIPAL OFFICES TO ENFORCE COMPLIANCE WITH THE6
1628+PROVISIONS OF THE COMPACT AND ITS PROMULGATED7
1629+R
1630+ULES. THE RELIEF SOUGHT MAY INCLUDE BOTH8
1631+INJUNCTIVE RELIEF AND DAMAGES. IN THE EVENT JUDICIAL9
1632+ENFORCEMENT IS NECESSARY , THE PREVAILING PARTY10
1633+SHALL BE AWARDED ALL COSTS OF SUCH LITIGATION ,11
1634+INCLUDING REASONABLE ATTORNEY 'S FEES. THE REMEDIES12
1635+HEREIN ARE NOT THE EXCLUSIVE REMEDIES OF THE13
1636+C
1637+OMMISSION. THE COMMISSION MAY PURSUE ANY OTHER14
1638+REMEDIES AVAILABLE UNDER FEDERAL OR THE DEFAULTING15
1639+M
1640+EMBER STATE'S LAW.16
1641+3. A
1642+ MEMBER STATE MAY INITIATE LEGAL ACTION AGAINST17
1643+THE COMMISSION IN THE UNITED STATES DISTRICT COURT18
1644+FOR THE DISTRICT OF COLUMBIA OR THE FEDERAL DISTRICT19
1645+WHERE THE COMMISSION HAS ITS PRINCIPAL OFFICES TO20
1646+ENFORCE COMPLIANCE WITH THE PROVISIONS OF THE21
1647+C
1648+OMPACT AND ITS PROMULGATED RULES. THE RELIEF22
1649+SOUGHT MAY INCLUDE BOTH INJUNCTIVE RELIEF AND23
1650+DAMAGES. IN THE EVENT JUDICIAL ENFORCEMENT IS24
1651+NECESSARY, THE PREVAILING PARTY SHALL BE AWARDED25
1652+ALL COSTS OF SUCH LITIGATION, INCLUDING REASONABLE26
1653+ATTORNEY'S FEES.27
1654+1111
1655+-43- 4. NO INDIVIDUAL OR ENTITY OTHER THAN A MEMBER STATE1
1656+MAY ENFORCE THIS COMPACT AGAINST THE COMMISSION.2
1657+ARTICLE 13 - EFFECTIVE DATE, WITHDRAWAL,3
1658+AND AMENDMENT4
1659+A. T
1660+HE COMPACT COMES INTO EFFECT ON THE DATE ON WHICH THE5
1661+C
1662+OMPACT STATUTE IS ENACTED INTO LAW IN THE SEVENTH6
1663+M
1664+EMBER STATE.7
1665+1. O
1666+N OR AFTER THE EFFECTIVE DATE OF THE COMPACT, THE8
1667+C
1668+OMMISSION SHALL CONVENE AND REVIEW THE9
1669+ENACTMENT OF EACH OF THE CHARTER MEMBER STATES TO10
1670+DETERMINE IF THE STATUTE ENACTED BY EACH SUCH11
1671+C
1672+HARTER MEMBER STATE IS MATERIALLY DIFFERENT THAN12
1673+THE MODEL COMPACT STATUTE.13
1674+a. A
1675+ CHARTER MEMBER STATE WHOSE ENACTMENT IS14
1676+FOUND TO BE MATERIALLY DIFFERENT FROM THE15
1677+MODEL COMPACT STATUTE IS ENTITLED TO THE16
1678+DEFAULT PROCESS SET FORTH IN ARTICLE 12.17
1679+b. I
1680+F ANY MEMBER STATE IS LATER FOUND TO BE IN18
1681+DEFAULT, OR IS TERMINATED OR WITHDRAWS FROM19
1682+THE COMPACT, THE COMMISSION REMAINS IN20
1683+EXISTENCE AND THE COMPACT REMAINS IN EFFECT21
1684+EVEN IF THE NUMBER OF MEMBER STATES SHOULD22
1685+BE LESS THAN SEVEN (7).23
1686+2. M
1687+EMBER STATES ENACTING THE COMPACT SUBSEQUENT TO24
1688+THE CHARTER MEMBER STATES ARE SUBJECT TO THE25
1689+PROCESS SET FORTH IN ARTICLE 9.C.24 TO DETERMINE IF26
1690+THEIR ENACTMENTS ARE MATERIALLY DIFFERENT FROM THE27
1691+1111
1692+-44- MODEL COMPACT STATUTE AND WHETHER THEY QUALIFY1
1693+FOR PARTICIPATION IN THE COMPACT.2
1694+3. A
1695+LL ACTIONS TAKEN FOR THE BENEFIT OF THE COMMISSION3
1696+OR IN FURTHERANCE OF THE PURPOSES OF THE4
1697+ADMINISTRATION OF THE COMPACT PRIOR TO THE5
1698+EFFECTIVE DATE OF THE COMPACT OR THE COMMISSION6
1699+COMING INTO EXISTENCE SHALL BE CONSIDERED TO BE7
1700+ACTIONS OF THE COMMISSION UNLESS SPECIFICALLY8
1701+REPUDIATED BY THE COMMISSION.9
1702+4. A
1703+NY STATE THAT JOINS THE COMPACT IS SUBJECT TO THE10
1704+C
1705+OMMISSION'S RULES AND BYLAWS AS THEY EXIST ON THE11
1706+DATE ON WHICH THE COMPACT BECOMES LAW IN THAT12
1707+S
1708+TATE. ANY RULE THAT HAS BEEN PREVIOUSLY ADOPTED13
1709+BY THE COMMISSION HAS THE FULL FORCE AND EFFECT OF14
1710+LAW ON THE DAY THE COMPACT BECOMES LAW IN THAT15
1711+S
1712+TATE.16
1713+B. A
1714+NY MEMBER STATE MAY WITHDRAW FROM THIS COMPACT BY17
1715+ENACTING A STATUTE REPEALING THAT STATE'S ENACTMENT OF18
1716+THE COMPACT.19
3971717 1. A
398-GREE TO ABIDE BY THE RULES OF THE STATE LICENSING
399-AUTHORITY, AND THE STATE SCOPE OF PRACTICE LAWS
400-GOVERNING THE
401-PRACTICE OF COSMETOLOGY, OF ANY
402-MEMBER STATE IN WHICH THE LICENSEE PROVIDES SERVICES;
403-2. P
404-AY ALL REQUIRED FEES RELATED TO THE APPLICATION AND
405-PROCESS
406-, AND ANY OTHER FEES WHICH THE COMMISSION MAY
407-BY
408-RULE REQUIRE; AND
409-3. COMPLY WITH ANY AND ALL OTHER REQUIREMENTS
410-REGARDING
411-MULTISTATE LICENSES WHICH THE COMMISSION
412-MAY BY
413-RULE PROVIDE.
414-G. A
415- LICENSEE PRACTICING IN A MEMBER STATE IS SUBJECT TO ALL
416-SCOPE OF PRACTICE LAWS GOVERNING
417-COSMETOLOGY SERVICES IN
418-THAT
419-STATE.
420-H. T
421-HE PRACTICE OF COSMETOLOGY UNDER A MULTISTATE LICENSE
422-GRANTED PURSUANT TO THIS
423-COMPACT WILL SUBJECT THE LICENSEE
424-TO THE JURISDICTION OF THE
425-STATE LICENSING AUTHORITY, THE
426-COURTS
427-, AND THE LAWS OF THE MEMBER STATE IN WHICH THE
428-COSMETOLOGY SERVICES ARE PROVIDED.
429-ARTICLE 5 - REISSUANCE OF A MULTISTATE LICENSE
430-BY A NEW HOME STATE
431-A. A
432- LICENSEE MAY HOLD A MULTISTATE LICENSE, ISSUED BY THEIR
433-HOME STATE, IN ONLY ONE MEMBER STATE AT ANY GIVEN TIME.
434-B. I
435-F A LICENSEE CHANGES THEIR HOME STATE BY MOVING BETWEEN
436-TWO
437-MEMBER STATES:
438-PAGE 9-HOUSE BILL 24-1111 1. THE LICENSEE SHALL IMMEDIATELY APPLY FOR THE
439-REISSUANCE OF THEIR
440-MULTISTATE LICENSE IN THEIR NEW
441-HOME STATE. THE LICENSEE SHALL PAY ALL APPLICABLE
442-FEES AND NOTIFY THE PRIOR
443-HOME STATE IN ACCORDANCE
444-WITH THE
445-RULES OF THE COMMISSION.
446-2. U
447-PON RECEIPT OF AN APPLICATION TO REISSUE A MULTISTATE
448-LICENSE, THE NEW HOME STATE SHALL VERIFY THAT THE
449-MULTISTATE LICENSE IS ACTIVE, UNENCUMBERED , AND
450-ELIGIBLE FOR REISSUANCE UNDER THE TERMS OF THE
451-COMPACT AND THE RULES OF THE COMMISSION. THE
452-MULTISTATE LICENSE ISSUED BY THE PRIOR HOME STATE
453-WILL BE DEACTIVATED AND ALL
454-MEMBER STATES NOTIFIED IN
455-ACCORDANCE WITH THE APPLICABLE
456-RULES ADOPTED BY THE
457-COMMISSION.
458-3. I
459-F REQUIRED FOR INITIAL LICENSURE, THE NEW HOME STATE
460-MAY REQUIRE A
461-BACKGROUND CHECK AS SPECIFIED IN THE
462-LAWS OF THAT
463-STATE, OR THE COMPLIANCE WITH ANY
464-JURISPRUDENCE REQUIREMENTS OF THE NEW HOME STATE.
465-4. N
466-OTWITHSTANDING ANY OTHER PROVISION OF THIS COMPACT,
467-IF A LICENSEE DOES NOT MEET THE REQUIREMENTS SET FORTH
468-IN THIS
469-COMPACT FOR THE REISSUANCE OF A MULTISTATE
470-LICENSE BY THE NEW HOME STATE, THEN THE LICENSEE IS
471-SUBJECT TO THE NEW
472-HOME STATE REQUIREMENTS FOR THE
473-ISSUANCE OF A
474-SINGLE-STATE LICENSE IN THAT STATE.
475-C. I
476-F A LICENSEE CHANGES THEIR PRIMARY STATE OF RESIDENCE BY
477-MOVING FROM A
478-MEMBER STATE TO A NON-MEMBER STATE, OR
479-FROM A NON
480--MEMBER STATE TO A MEMBER STATE, THEN THE
481-LICENSEE IS SUBJECT TO THE STATE REQUIREMENTS FOR THE
482-ISSUANCE OF A
483-SINGLE-STATE LICENSE IN THE NEW HOME STATE.
484-D. N
485-OTHING IN THIS COMPACT INTERFERES WITH A LICENSEE'S ABILITY
486-TO HOLD A
487-SINGLE-STATE LICENSE IN MULTIPLE STATES; HOWEVER,
488-FOR THE PURPOSES OF THIS COMPACT, A LICENSEE SHALL HAVE ONLY
489-ONE
490-HOME STATE, AND ONLY ONE MULTISTATE LICENSE.
491-E. N
492-OTHING IN THIS COMPACT INTERFERES WITH THE REQUIREMENTS
493-PAGE 10-HOUSE BILL 24-1111 ESTABLISHED BY A MEMBER STATE FOR THE ISSUANCE OF A
494-SINGLE-STATE LICENSE.
495-ARTICLE 6 - AUTHORITY OF THE COMPACT
496-COMMISSION AND MEMBER
497-STATE LICENSING AUTHORITIES
1718+ MEMBER STATE'S WITHDRAWAL SHALL NOT TAKE EFFECT20
1719+UNTIL ONE HUNDRED EIGHTY (180) DAYS AFTER21
1720+ENACTMENT OF THE REPEALING STATUTE .22
1721+2. W
1722+ITHDRAWAL DOES NOT AFFECT THE CONTINUING23
1723+REQUIREMENT OF THE WITHDRAWING STATE'S STATE24
1724+L
1725+ICENSING AUTHORITY TO COMPLY WITH THE25
1726+INVESTIGATIVE AND ADVERSE ACTION REPORTING26
1727+REQUIREMENTS OF THIS COMPACT PRIOR TO THE EFFECTIVE27
1728+1111
1729+-45- DATE OF WITHDRAWAL.1
1730+3. U
1731+PON THE ENACTMENT OF A STATUTE WITHDRAWING FROM2
1732+THIS COMPACT, A STATE SHALL IMMEDIATELY PROVIDE3
1733+NOTICE OF SUCH WITHDRAWAL TO ALL LICENSEES WITHIN4
1734+THAT STATE. NOTWITHSTANDING ANY SUBSEQUENT5
1735+STATUTORY ENACTMENT TO THE CONTRARY , SUCH6
1736+WITHDRAWING STATE SHALL CONTINUE TO RECOGNIZE ALL7
1737+LICENSES GRANTED PURSUANT TO THIS COMPACT FOR A8
1738+MINIMUM OF ONE HUNDRED EIGHTY (180) DAYS AFTER THE9
1739+DATE OF SUCH NOTICE OF WITHDRAWAL .10
1740+C. N
1741+OTHING CONTAINED IN THIS COMPACT SHALL BE CONSTRUED TO11
1742+INVALIDATE OR PREVENT ANY LICENSURE AGREEMENT OR OTHER12
1743+COOPERATIVE ARRANGEMENT BETWEEN A MEMBER STATE AND A13
1744+NON-MEMBER STATE THAT DOES NOT CONFLICT WITH THE14
1745+PROVISIONS OF THIS COMPACT.15
1746+D. T
1747+HIS COMPACT MAY BE AMENDED BY THE MEMBER STATES. NO16
1748+AMENDMENT TO THIS COMPACT BECOMES EFFECTIVE AND BINDING17
1749+UPON ANY MEMBER STATE UNTIL IT IS ENACTED INTO THE LAWS OF18
1750+ALL MEMBER STATES.19
1751+ARTICLE 14 - CONSTRUCTION AND SEVERABILITY20
1752+A. T
1753+HIS COMPACT AND THE COMMISSION'S RULEMAKING AUTHORITY21
1754+SHALL BE LIBERALLY CONSTRUED SO AS TO EFFECTUATE THE22
1755+PURPOSES AND THE IMPLEMENTATION AND ADMINISTRATION OF23
1756+THE COMPACT. PROVISIONS OF THE COMPACT EXPRESSLY24
1757+AUTHORIZING OR REQUIRING THE PROMULGATION OF RULES SHALL25
1758+NOT BE CONSTRUED TO LIMIT THE COMMISSION'S RULEMAKING26
1759+AUTHORITY SOLELY FOR THOSE PURPOSES .27
1760+1111
1761+-46- B. THE PROVISIONS OF THIS COMPACT SHALL BE SEVERABLE AND IF1
1762+ANY PHRASE, CLAUSE, SENTENCE, OR PROVISION OF THIS COMPACT2
1763+IS HELD BY A COURT OF COMPETENT JURISDICTION TO BE3
1764+CONTRARY TO THE CONSTITUTION OF ANY MEMBER STATE, OF A4
1765+S
1766+TATE SEEKING PARTICIPATION IN THE COMPACT, OR OF THE5
1767+U
1768+NITED STATES, OR THE APPLICABILITY THEREOF TO ANY6
1769+GOVERNMENT, AGENCY, PERSON, OR CIRCUMSTANCE IS HELD TO BE7
1770+UNCONSTITUTIONAL BY A COURT OF COMPETENT JURISDICTION , THE8
1771+VALIDITY OF THE REMAINDER OF THIS COMPACT AND THE9
1772+APPLICABILITY THEREOF TO ANY OTHER GOVERNMENT , AGENCY,10
1773+PERSON, OR CIRCUMSTANCE SHALL NOT BE AFFECTED THEREBY .11
1774+C. N
1775+OTWITHSTANDING ARTICLE 14.B, THE COMMISSION MAY DENY A12
1776+S
1777+TATE'S PARTICIPATION IN THE COMPACT OR, IN ACCORDANCE13
1778+WITH THE REQUIREMENTS OF ARTICLE 12, TERMINATE A MEMBER14
1779+S
1780+TATE'S PARTICIPATION IN THE COMPACT, IF IT DETERMINES THAT15
1781+A CONSTITUTIONAL REQUIREMENT OF A MEMBER STATE IS A16
1782+MATERIAL DEPARTURE FROM THE COMPACT. OTHERWISE, IF THIS17
1783+C
1784+OMPACT IS HELD TO BE CONTRARY TO THE CONSTITUTION OF ANY18
1785+M
1786+EMBER STATE, THE COMPACT REMAINS IN FULL FORCE AND19
1787+EFFECT AS TO THE REMAINING MEMBER STATES AND IN FULL FORCE20
1788+AND EFFECT AS TO THE MEMBER STATE AFFECTED AS TO ALL21
1789+SEVERABLE MATTERS.22
1790+ARTICLE 15 - CONSISTENT EFFECT AND CONFLICT23
1791+WITH OTHER STATE LAWS24
4981792 A. N
499-OTHING IN THIS COMPACT, NOR ANY RULE OR REGULATION OF THE
500-COMMISSION, SHALL BE CONSTRUED TO LIMIT, RESTRICT, OR IN ANY
501-WAY REDUCE THE ABILITY OF A
502-MEMBER STATE TO ENACT AND
503-ENFORCE LAWS
504-, REGULATIONS, OR OTHER RULES RELATED TO THE
505-PRACTICE OF COSMETOLOGY IN THAT STATE, WHERE LAWS,
506-REGULATIONS, OR OTHER RULES ARE NOT INCONSISTENT WITH THE
507-PROVISIONS OF THIS
508-COMPACT.
509-B. I
510-NSOFAR AS PRACTICAL, A MEMBER STATE'S STATE LICENSING
511-AUTHORITY SHALL COOPERATE WITH THE COMMISSION AND WITH
512-EACH ENTITY EXERCISING INDEPENDENT REGULATORY AUTHORITY
513-OVER THE
514-PRACTICE OF COSMETOLOGY ACCORDING TO THE
515-PROVISIONS OF THIS
516-COMPACT.
517-C. D
518-ISCIPLINE SHALL BE THE SOLE RESPONSIBILITY OF THE STATE IN
519-WHICH
520-COSMETOLOGY SERVICES ARE PROVIDED. ACCORDINGLY,
521-EACH MEMBER STATE'S STATE LICENSING AUTHORITY SHALL BE
522-RESPONSIBLE FOR RECEIVING COMPLAINTS ABOUT INDIVIDUALS
523-PRACTICING
524-COSMETOLOGY IN THAT STATE, AND FOR
525-COMMUNICATING ALL RELEVANT
526-INVESTIGATIVE INFORMATION
527-ABOUT ANY SUCH
528-ADVERSE ACTION TO THE OTHER MEMBER STATES
529-THROUGH THE
530-DATA SYSTEM IN ADDITION TO ANY OTHER METHODS
531-THE
532-COMMISSION MAY BY RULE REQUIRE.
533-ARTICLE 7 - ADVERSE ACTIONS
534-A. A
535- LICENSEE'S HOME STATE SHALL HAVE EXCLUSIVE POWER TO
536-IMPOSE AN
537-ADVERSE ACTION AGAINST A LICENSEE'S MULTISTATE
538-LICENSE ISSUED BY THE HOME STATE.
539-B. A
540- HOME STATE MAY TAKE ADVERSE ACTION ON A MULTISTATE
541-LICENSE BASED ON THE INVESTIGATIVE INFORMATION, CURRENT
542-SIGNIFICANT INVESTIGATIVE INFORMATION, OR ADVERSE ACTION OF
543-PAGE 11-HOUSE BILL 24-1111 A REMOTE STATE.
544-C. I
545-N ADDITION TO THE POWERS CONFERRED BY STATE LAW, EACH
546-REMOTE STATE'S STATE LICENSING AUTHORITY SHALL HAVE THE
547-POWER TO
548-:
549-1. T
550-AKE ADVERSE ACTION AGAINST A LICENSEE'S
551-AUTHORIZATION TO PRACTICE COSMETOLOGY THROUGH THE
552-MULTISTATE LICENSE IN THAT MEMBER STATE, PROVIDED
553-THAT
554-:
555-a. O
556-NLY THE LICENSEE'S HOME STATE SHALL HAVE THE
557-POWER TO TAKE
558-ADVERSE ACTION AGAINST THE
559-MULTISTATE LICENSE ISSUED BY THE HOME STATE;
560-AND
561-b. FOR THE PURPOSES OF TAKING ADVERSE ACTION, THE
562-HOME STATE'S STATE LICENSING AUTHORITY SHALL
563-GIVE THE SAME PRIORITY AND EFFECT TO REPORTED
564-CONDUCT RECEIVED FROM A
565-REMOTE STATE AS IT
566-WOULD IF SUCH CONDUCT HAD OCCURRED WITHIN THE
567-HOME STATE. IN SO DOING, THE HOME STATE SHALL
568-APPLY ITS OWN
569-STATE LAWS TO DETERMINE THE
570-APPROPRIATE ACTION
571-.
572-2. I
573-SSUE CEASE AND DESIST ORDERS OR IMPOSE AN
574-ENCUMBRANCE ON A LICENSEE'S AUTHORIZATION TO
575-PRACTICE WITHIN THAT MEMBER STATE.
576-3. C
577-OMPLETE ANY PENDING INVESTIGATIONS OF A LICENSEE
578-WHO CHANGES THEIR PRIMARY STATE OF RESIDENCE DURING
579-THE COURSE OF SUCH AN INVESTIGATION
580-. THE STATE
581-LICENSING AUTHORITY SHALL ALSO BE EMPOWERED TO
582-REPORT THE RESULTS OF SUCH AN INVESTIGATION TO THE
583-COMMISSION THROUGH THE DATA SYSTEM AS DESCRIBED
584-HEREIN
585-.
586-4. I
587-SSUE SUBPOENAS FOR BOTH HEARINGS AND INVESTIGATIONS
588-THAT REQUIRE THE ATTENDANCE AND TESTIMONY OF
589-WITNESSES
590-, AS WELL AS THE PRODUCTION OF EVIDENCE .
591-PAGE 12-HOUSE BILL 24-1111 SUBPOENAS ISSUED BY A STATE LICENSING AUTHORITY IN A
592-MEMBER STATE FOR THE ATTENDANCE AND TESTIMONY OF
593-WITNESSES OR THE PRODUCTION OF EVIDENCE FROM ANOTHER
594-MEMBER STATE SHALL BE ENFORCED IN THE LATTER STATE
595-BY ANY COURT OF COMPETENT JURISDICTION
596-, ACCORDING TO
597-THE PRACTICE AND PROCEDURE OF THAT COURT APPLICABLE
598-TO SUBPOENAS ISSUED IN PROCEEDINGS BEFORE IT
599-. THE
600-ISSUING
601-STATE LICENSING AUTHORITY SHALL PAY ANY
602-WITNESS FEES
603-, TRAVEL EXPENSES, MILEAGE, AND OTHER FEES
604-REQUIRED BY THE SERVICE STATUTES OF THE
605-STATE IN WHICH
606-THE WITNESSES OR EVIDENCE ARE LOCATED
607-.
608-5. I
609-F OTHERWISE PERMITTED BY STATE LAW, RECOVER FROM THE
610-AFFECTED
611-LICENSEE THE COSTS OF INVESTIGATIONS AND
612-DISPOSITION OF CASES RESULTING FROM ANY
613-ADVERSE
614-ACTION TAKEN AGAINST THAT LICENSEE.
615-6. T
616-AKE ADVERSE ACTION AGAINST THE LICENSEE'S
617-AUTHORIZATION TO PRACTICE IN THAT STATE BASED ON THE
618-FACTUAL FINDINGS OF ANOTHER
619-REMOTE STATE.
620-D. A
621- LICENSEE'S HOME STATE SHALL COMPLETE ANY PENDING
622-INVESTIGATION
623-(S) OF A COSMETOLOGIST WHO CHANGES THEIR
624-PRIMARY STATE OF RESIDENCE DURING THE COURSE OF THE
625-INVESTIGATION
626-(S). THE HOME STATE SHALL ALSO HAVE THE
627-AUTHORITY TO TAKE APPROPRIATE ACTION
628-(S) AND SHALL PROMPTLY
629-REPORT THE CONCLUSIONS OF THE INVESTIGATIONS TO THE
630-DATA
631-SYSTEM.
632-E. I
633-F AN ADVERSE ACTION IS TAKEN BY THE HOME STATE AGAINST A
634-LICENSEE'S MULTISTATE LICENSE, THE LICENSEE'S AUTHORIZATION
635-TO
636-PRACTICE IN ALL OTHER MEMBER STATES SHALL BE
637-DEACTIVATED UNTIL ALL
638-ENCUMBRANCES HAVE BEEN REMOVED
639-FROM THE
640-HOME STATE LICENSE. ALL HOME STATE DISCIPLINARY
641-ORDERS THAT IMPOSE AN
642-ADVERSE ACTION AGAINST A LICENSEE'S
643-MULTISTATE LICENSE SHALL INCLUDE A STATEMENT THAT THE
644-COSMETOLOGIST'S AUTHORIZATION TO PRACTICE IS DEACTIVATED IN
645-ALL
646-MEMBER STATES DURING THE PENDENCY OF THE ORDER .
647-F. N
648-OTHING IN THIS COMPACT OVERRIDES A MEMBER STATE'S
649-PAGE 13-HOUSE BILL 24-1111 AUTHORITY TO ACCEPT A LICENSEE'S PARTICIPATION IN AN
650-ALTERNATIVE PROGRAM IN LIEU OF ADVERSE ACTION. A LICENSEE'S
651-MULTISTATE LICENSE SHALL BE SUSPENDED FOR THE DURATION OF
652-THE
653-LICENSEE'S PARTICIPATION IN ANY ALTERNATIVE PROGRAM.
654-G. J
655-OINT INVESTIGATIONS
656-1. IN ADDITION TO THE AUTHORITY GRANTED TO A MEMBER
657-STATE BY ITS RESPECTIVE SCOPE OF PRACTICE LAWS OR OTHER
658-APPLICABLE
659-STATE LAW, A MEMBER STATE MAY PARTICIPATE
660-WITH OTHER
661-MEMBER STATES IN JOINT INVESTIGATIONS OF
662-LICENSEES.
663-2. M
664-EMBER STATES SHALL SHARE ANY INVESTIGATIVE ,
665-LITIGATION, OR COMPLIANCE MATERIALS IN FURTHERANCE OF
666-ANY JOINT OR INDIVIDUAL INVESTIGATION INITIATED UNDER
667-THE
668-COMPACT.
669-ARTICLE 8 - ACTIVE MILITARY MEMBERS
670-AND THEIR SPOUSES
671-A
672-CTIVE MILITARY MEMBERS OR THEIR SPOUSES SHALL DESIGNATE A HOME
673-STATE WHERE THE INDIVIDUAL HAS A CURRENT LICENSE TO PRACTICE
674-COSMETOLOGY IN GOOD STANDING . THE INDIVIDUAL MAY RETAIN THEIR
675-HOME STATE DESIGNATION DURING ANY PERIOD OF SERVICE WHEN THAT
676-INDIVIDUAL OR THEIR SPOUSE IS ON ACTIVE DUTY ASSIGNMENT
677-.
678-ARTICLE 9 - ESTABLISHMENT AND OPERATION OF THE
679-COSMETOLOGY LICENSURE COMPACT COMMISSION
680-A. T
681-HE COMPACT MEMBER STATES HEREBY CREATE AND ESTABLISH A
682-JOINT GOVERNMENT AGENCY
683-, THE MEMBERSHIP OF WHICH CONSISTS
684-OF ALL
685-MEMBER STATES THAT HAVE ENACTED THE COMPACT,
686-KNOWN AS THE COSMETOLOGY LICENSURE COMPACT COMMISSION.
687-T
688-HE COMMISSION IS AN INSTRUMENTALITY OF THE COMPACT
689-MEMBER STATES ACTING JOINTLY AND NOT AN INSTRUMENTALITY OF
690-ANY ONE
691-STATE. THE COMMISSION SHALL COME INTO EXISTENCE ON
692-OR AFTER THE EFFECTIVE DATE OF THE
693-COMPACT AS SET FORTH IN
694-ARTICLE 13.
695-PAGE 14-HOUSE BILL 24-1111 B. M EMBERSHIP, VOTING, AND MEETINGS
696-1. EACH MEMBER STATE SHALL HAVE AND BE LIMITED TO ONE
697-(1) DELEGATE SELECTED BY THAT MEMBER STATE'S STATE
698-LICENSING AUTHORITY.
699-2. T
700-HE DELEGATE SHALL BE AN ADMINISTRATOR OF THE STATE
701-LICENSING AUTHORITY OF THE MEMBER STATE OR THEIR
702-DESIGNEE
703-.
704-3. T
705-HE COMMISSION SHALL BY RULE OR BYLAW ESTABLISH A
706-TERM OF OFFICE FOR DELEGATES AND MAY BY
707-RULE OR
708-BYLAW ESTABLISH TERM LIMITS
709-.
710-4. T
711-HE COMMISSION MAY RECOMMEND REMOVAL OR
712-SUSPENSION OF ANY DELEGATE FROM OFFICE
713-.
714-5. A
715- MEMBER STATE'S STATE LICENSING AUTHORITY SHALL
716-FILL ANY VACANCY OF ITS DELEGATE OCCURRING ON THE
717-COMMISSION WITHIN 60 DAYS OF THE VACANCY.
718-6. E
719-ACH DELEGATE SHALL BE ENTITLED TO ONE VOTE ON ALL
720-MATTERS THAT ARE VOTED ON BY THE
721-COMMISSION.
722-7. T
723-HE COMMISSION SHALL MEET AT LEAST ONCE DURING EACH
724-CALENDAR YEAR
725-. ADDITIONAL MEETINGS MAY BE HELD AS
726-SET FORTH IN THE BYLAWS
727-. THE COMMISSION MAY MEET BY
728-TELECOMMUNICATION
729-, VIDEO CONFERENCE , OR OTHER
730-SIMILAR ELECTRONIC MEANS
731-.
732-C. T
733-HE COMMISSION SHALL HAVE THE FOLLOWING POWERS :
734-1. E
735-STABLISH THE FISCAL YEAR OF THE COMMISSION;
736-2. E
737-STABLISH CODE OF CONDUCT AND CONFLICT OF INTEREST
738-POLICIES
739-;
740-3. A
741-DOPT RULES AND BYLAWS;
742-4. M
743-AINTAIN ITS FINANCIAL RECORDS IN ACCORDANCE WITH THE
744-PAGE 15-HOUSE BILL 24-1111 BYLAWS;
745-5. M
746-EET AND TAKE SUCH ACTIONS AS ARE CONSISTENT WITH THE
747-PROVISIONS OF THIS
748-COMPACT, THE COMMISSION'S RULES,
749-AND THE BYLAWS;
750-6. I
751-NITIATE AND CONCLUDE LEGAL PROCEEDINGS OR ACTIONS IN
752-THE NAME OF THE
753-COMMISSION, PROVIDED THAT THE
754-STANDING OF ANY
755-STATE LICENSING AUTHORITY TO SUE OR
756-BE SUED UNDER APPLICABLE LAW IS NOT AFFECTED
757-;
758-7. M
759-AINTAIN AND CERTIFY RECORDS AND INFORMATION
760-PROVIDED TO A
761-MEMBER STATE AS THE AUTHENTICATED
762-BUSINESS RECORDS OF THE
763-COMMISSION AND DESIGNATE AN
764-AGENT TO DO SO ON THE
765-COMMISSION'S BEHALF;
766-8. P
767-URCHASE AND MAINTAIN INSURANCE AND BONDS ;
768-9. B
769-ORROW, ACCEPT, OR CONTRACT FOR SERVICES OF
770-PERSONNEL
771-, INCLUDING, BUT NOT LIMITED TO, EMPLOYEES OF
772-A
773-MEMBER STATE;
774-10. C
775-ONDUCT AN ANNUAL FINANCIAL REVIEW ;
776-11. H
777-IRE EMPLOYEES, ELECT OR APPOINT OFFICERS , FIX
778-COMPENSATION
779-, DEFINE DUTIES, GRANT SUCH INDIVIDUALS
780-APPROPRIATE AUTHORITY TO CARRY OUT THE PURPOSES OF
781-THE
782-COMPACT, AND ESTABLISH THE COMMISSION'S
783-PERSONNEL POLICIES AND PROGRAMS RELATING TO CONFLICTS
784-OF INTEREST
785-, QUALIFICATIONS OF PERSONNEL , AND OTHER
786-RELATED PERSONNEL MATTERS
787-;
788-12. A
789-S SET FORTH IN THE COMMISSION RULES, CHARGE A FEE TO
790-A
791-LICENSEE FOR THE GRANT OF A MULTISTATE LICENSE AND
792-THEREAFTER
793-, AS MAY BE ESTABLISHED BY COMMISSION RULE,
794-CHARGE THE LICENSEE A MULTISTATE LICENSE RENEWAL FEE
795-FOR EACH RENEWAL PERIOD
796-. NOTHING HEREIN SHALL BE
797-CONSTRUED TO PREVENT A
798-HOME STATE FROM CHARGING A
799-LICENSEE A FEE FOR A MULTISTATE LICENSE OR RENEWALS
800-OF A
801-MULTISTATE LICENSE, OR A FEE FOR THE
802-PAGE 16-HOUSE BILL 24-1111 JURISPRUDENCE REQUIREMENT IF THE MEMBER STATE
803-IMPOSES SUCH A REQUIREMENT FOR THE GRANT OF A
804-MULTISTATE LICENSE.
805-13. A
806-SSESS AND COLLECT FEES;
807-14. A
808-CCEPT ANY AND ALL APPROPRIATE GIFTS , DONATIONS,
809-GRANTS OF MONEY , OTHER SOURCES OF REVENUE ,
810-EQUIPMENT, SUPPLIES, MATERIALS, AND SERVICES AND
811-RECEIVE
812-, UTILIZE, AND DISPOSE OF THE SAME; PROVIDED THAT
813-AT ALL TIMES THE
814-COMMISSION SHALL AVOID ANY
815-APPEARANCE OF IMPROPRIETY OR CONFLICT OF INTEREST
816-;
817-15. L
818-EASE, PURCHASE, RETAIN, OWN, HOLD, IMPROVE, OR USE ANY
819-PROPERTY
820-, REAL, PERSONAL, OR MIXED, OR ANY UNDIVIDED
821-INTEREST THEREIN
822-;
823-16. S
824-ELL, CONVEY, MORTGAGE, PLEDGE, LEASE, EXCHANGE,
825-ABANDON, OR OTHERWISE DISPOSE OF ANY PROPERTY , REAL,
826-PERSONAL, OR MIXED;
827-17. E
828-STABLISH A BUDGET AND MAKE EXPENDITURES ;
829-18. B
830-ORROW MONEY;
831-19. A
832-PPOINT COMMITTEES, INCLUDING STANDING COMMITTEES ,
833-COMPOSED OF MEMBERS , STATE REGULATORS , STATE
834-LEGISLATORS OR THEIR REPRESENTATIVES
835-, CONSUMER
836-REPRESENTATIVES
837-, AND SUCH OTHER INTERESTED PERSONS AS
838-MAY BE DESIGNATED IN THIS
839-COMPACT AND THE BYLAWS ;
840-20. P
841-ROVIDE AND RECEIVE INFORMATION FROM , AND COOPERATE
842-WITH
843-, LAW ENFORCEMENT AGENCIES ;
844-21. E
845-LECT A CHAIR, VICE CHAIR, SECRETARY, TREASURER, AND
846-SUCH OTHER OFFICERS OF THE
847-COMMISSION AS PROVIDED IN
848-THE
849-COMMISSION'S BYLAWS;
850-22. E
851-STABLISH AND ELECT AN EXECUTIVE COMMITTEE,
852-INCLUDING A CHAIR AND A VICE CHAIR;
853-PAGE 17-HOUSE BILL 24-1111 23. ADOPT AND PROVIDE TO THE MEMBER STATES AN ANNUAL
854-REPORT
855-;
856-24. D
857-ETERMINE WHETHER A STATE'S ADOPTED LANGUAGE IS
858-MATERIALLY DIFFERENT FROM THE MODEL
859-COMPACT
860-LANGUAGE SUCH THAT THE
861-STATE WOULD NOT QUALIFY FOR
862-PARTICIPATION IN THE
863-COMPACT; AND
864-25. PERFORM SUCH OTHER FUNCTIONS AS MAY BE NECESSARY OR
865-APPROPRIATE TO ACHIEVE THE PURPOSES OF THIS
866-COMPACT.
867-D. T
868-HE EXECUTIVE COMMITTEE
869-1. THE EXECUTIVE COMMITTEE SHALL HAVE THE POWER TO ACT
870-ON BEHALF OF THE
871-COMMISSION ACCORDING TO THE TERMS
872-OF THIS
873-COMPACT. THE POWERS, DUTIES, AND
874-RESPONSIBILITIES OF THE
875-EXECUTIVE COMMITTEE SHALL
876-INCLUDE
877-:
878-a. O
879-VERSEEING THE DAY-TO-DAY ACTIVITIES OF THE
880-ADMINISTRATION OF THE
881-COMPACT INCLUDING
882-COMPLIANCE WITH THE PROVISIONS OF THE
883-COMPACT,
884-THE COMMISSION'S RULES AND BYLAWS, AND OTHER
885-SUCH DUTIES AS DEEMED NECESSARY
886-;
887-b. R
888-ECOMMENDING TO THE COMMISSION CHANGES TO
889-THE
890-RULES OR BYLAWS, CHANGES TO THIS COMPACT
891-LEGISLATION
892-, FEES CHARGED TO COMPACT MEMBER
893-STATES, FEES CHARGED TO LICENSEES, AND OTHER
894-FEES
895-;
896-c. E
897-NSURING COMPACT ADMINISTRATION SERVICES ARE
898-APPROPRIATELY PROVIDED
899-, INCLUDING BY CONTRACT;
900-d. P
901-REPARING AND RECOMMENDING THE BUDGET ;
902-e. M
903-AINTAINING FINANCIAL RECORDS ON BEHALF OF THE
904-COMMISSION;
905-f. M
906-ONITORING COMPACT COMPLIANCE OF MEMBER
907-PAGE 18-HOUSE BILL 24-1111 STATES AND PROVIDING COMPLIANCE REPORTS TO THE
908-COMMISSION;
909-g. E
910-STABLISHING ADDITIONAL COMMITTEES AS
911-NECESSARY
912-;
913-h. E
914-XERCISING THE POWERS AND DUTIES OF THE
915-COMMISSION DURING THE INTERIM BETWEEN
916-COMMISSION MEETINGS, EXCEPT FOR ADOPTING OR
917-AMENDING
918-RULES, ADOPTING OR AMENDING BYLAWS ,
919-AND EXERCISING ANY OTHER POWERS AND DUTIES
920-EXPRESSLY RESERVED TO THE
921-COMMISSION BY RULE
922-OR BYLAW
923-; AND
924-i. OTHER DUTIES AS PROVIDED IN THE RULES OR BYLAWS
925-OF THE
926-COMMISSION.
927-2. T
928-HE EXECUTIVE COMMITTEE SHALL BE COMPOSED OF UP TO
929-SEVEN VOTING MEMBERS
930-:
931-a. T
932-HE CHAIR AND VICE CHAIR OF THE COMMISSION AND
933-ANY OTHER MEMBERS OF THE
934-COMMISSION WHO SERVE
935-ON THE
936-EXECUTIVE COMMITTEE SHALL BE VOTING
937-MEMBERS OF THE
938-EXECUTIVE COMMITTEE; AND
939-b. OTHER THAN THE CHAIR, VICE CHAIR, SECRETARY,
940-AND TREASURER, THE COMMISSION SHALL ELECT
941-THREE VOTING MEMBERS FROM THE CURRENT
942-MEMBERSHIP OF THE
943-COMMISSION.
944-c. T
945-HE COMMISSION MAY ELECT EX OFFICIO, NONVOTING
946-MEMBERS FROM A RECOGNIZED NATIONAL
947-COSMETOLOGY PROFESSIONAL ASSOCIATION AS
948-APPROVED BY THE
949-COMMISSION. THE COMMISSION'S
950-BYLAWS SHALL IDENTIFY QUALIFYING ORGANIZATIONS
951-AND THE MANNER OF APPOINTMENT IF THE NUMBER OF
952-ORGANIZATIONS SEEKING TO APPOINT AN EX OFFICIO
953-MEMBER EXCEEDS THE NUMBER OF MEMBERS
954-SPECIFIED IN THIS
955-ARTICLE.
956-PAGE 19-HOUSE BILL 24-1111 3. THE COMMISSION MAY REMOVE ANY MEMBER OF THE
957-EXECUTIVE COMMITTEE AS PROVIDED IN THE COMMISSION'S
958-BYLAWS
959-.
960-4. T
961-HE EXECUTIVE COMMITTEE SHALL MEET AT LEAST
962-ANNUALLY
963-.
964-a. A
965-NNUAL EXECUTIVE COMMITTEE MEETINGS, AS WELL
966-AS ANY
967-EXECUTIVE COMMITTEE MEETING AT WHICH IT
968-DOES NOT TAKE OR INTEND TO TAKE FORMAL ACTION
969-ON A MATTER FOR WHICH A
970-COMMISSION VOTE WOULD
971-OTHERWISE BE REQUIRED
972-, SHALL BE OPEN TO THE
973-PUBLIC
974-, EXCEPT THAT THE EXECUTIVE COMMITTEE
975-MAY MEET IN A CLOSED
976-, NON-PUBLIC SESSION OF A
977-PUBLIC MEETING WHEN DEALING WITH ANY OF THE
978-MATTERS COVERED UNDER
979-ARTICLE 9.F.4.
980-b. T
981-HE EXECUTIVE COMMITTEE SHALL GIVE FIVE
982-BUSINESS DAYS
983-' ADVANCE NOTICE OF ITS PUBLIC
984-MEETINGS
985-, POSTED ON ITS WEBSITE AND AS
986-DETERMINED BY THE
987-EXECUTIVE COMMITTEE, TO
988-PROVIDE NOTICE TO PERSONS WITH AN INTEREST IN THE
989-PUBLIC MATTERS THE
990-EXECUTIVE COMMITTEE
991-INTENDS TO ADDRESS AT THOSE MEETINGS
992-.
993-5. T
994-HE EXECUTIVE COMMITTEE MAY HOLD AN EMERGENCY
995-MEETING WHEN ACTING FOR THE
996-COMMISSION TO:
997-a. M
998-EET AN IMMINENT THREAT TO PUBLIC HEALTH ,
999-SAFETY, OR WELFARE;
1000-b. P
1001-REVENT A LOSS OF COMMISSION OR MEMBER STATE
1002-FUNDS
1003-; OR
1004-c. PROTECT PUBLIC HEALTH AND SAFETY .
1005-E. T
1006-HE COMMISSION SHALL ADOPT AND PROVIDE TO THE MEMBER
1007-STATES AN ANNUAL REPORT.
1008-F. M
1009-EETINGS OF THE COMMISSION
1010-PAGE 20-HOUSE BILL 24-1111 1. ALL MEETINGS OF THE COMMISSION THAT ARE NOT CLOSED
1011-PURSUANT TO
1012-ARTICLE 9.F.4 SHALL BE OPEN TO THE PUBLIC.
1013-N
1014-OTICE OF PUBLIC MEETINGS SHALL BE POSTED ON THE
1015-COMMISSION'S WEBSITE AT LEAST THIRTY (30) DAYS PRIOR TO
1016-THE PUBLIC MEETING
1017-.
1018-2. N
1019-OTWITHSTANDING ARTICLE 9.F.1, THE COMMISSION MAY
1020-CONVENE AN EMERGENCY PUBLIC MEETING BY PROVIDING AT
1021-LEAST TWENTY
1022--FOUR (24) HOURS' PRIOR NOTICE ON THE
1023-COMMISSION'S WEBSITE, AND ANY OTHER MEANS AS
1024-PROVIDED IN THE
1025-COMMISSION'S RULES, FOR ANY OF THE
1026-REASONS IT MAY DISPENSE WITH NOTICE OF PROPOSED
1027-RULEMAKING UNDER
1028-ARTICLE 11.L. THE COMMISSION'S
1029-LEGAL COUNSEL SHALL CERTIFY THAT ONE OF THE REASONS
1030-JUSTIFYING AN EMERGENCY PUBLIC MEETING HAS BEEN MET
1031-.
1032-3. N
1033-OTICE OF ALL COMMISSION MEETINGS SHALL PROVIDE THE
1034-TIME
1035-, DATE, AND LOCATION OF THE MEETING , AND IF THE
1036-MEETING IS TO BE HELD OR ACCESSIBLE VIA
1037-TELECOMMUNICATION
1038-, VIDEO CONFERENCE , OR OTHER
1039-ELECTRONIC MEANS
1040-, THE NOTICE SHALL INCLUDE THE
1041-MECHANISM FOR ACCESS TO THE MEETING
1042-.
1043-4. T
1044-HE COMMISSION MAY CONVENE IN A CLOSED , NON-PUBLIC
1045-MEETING FOR THE
1046-COMMISSION TO DISCUSS:
1047-a. N
1048-ON-COMPLIANCE OF A MEMBER STATE WITH ITS
1049-OBLIGATIONS UNDER THE
1050-COMPACT;
1051-b. T
1052-HE EMPLOYMENT, COMPENSATION, DISCIPLINE, OR
1053-OTHER MATTERS
1054-, PRACTICES, OR PROCEDURES
1055-RELATED TO SPECIFIC EMPLOYEES OR OTHER MATTERS
1056-RELATED TO THE
1057-COMMISSION'S INTERNAL PERSONNEL
1058-PRACTICES OR PROCEDURES
1059-;
1060-c. C
1061-URRENT OR THREATENED DISCIPLINE OF A LICENSEE
1062-BY THE
1063-COMMISSION OR BY A MEMBER STATE'S
1064-LICENSING AUTHORITY;
1065-d. C
1066-URRENT, THREATENED , OR REASONABLY
1067-PAGE 21-HOUSE BILL 24-1111 ANTICIPATED LITIGATION;
1068-e. N
1069-EGOTIATION OF CONTRACTS FOR THE PURCHASE ,
1070-LEASE, OR SALE OF GOODS, SERVICES, OR REAL ESTATE;
1071-f. A
1072-CCUSING ANY PERSON OF A CRIME OR FORMALLY
1073-CENSURING ANY PERSON
1074-;
1075-g. T
1076-RADE SECRETS OR COMMERCIAL OR FINANCIAL
1077-INFORMATION THAT IS PRIVILEGED OR CONFIDENTIAL
1078-;
1079-h. I
1080-NFORMATION OF A PERSONAL NATURE WHERE
1081-DISCLOSURE WOULD CONSTITUTE A CLEARLY
1082-UNWARRANTED INVASION OF PERSONAL PRIVACY
1083-;
1084-i. I
1085-NVESTIGATIVE RECORDS COMPILED FOR LAW
1086-ENFORCEMENT PURPOSES
1087-;
1088-j. I
1089-NFORMATION RELATED TO ANY INVESTIGATIVE
1090-REPORTS PREPARED BY OR ON BEHALF OF OR FOR USE
1091-OF THE
1092-COMMISSION OR OTHER COMMITTEE CHARGED
1093-WITH RESPONSIBILITY OF INVESTIGATION OR
1094-DETERMINATION OF COMPLIANCE ISSUES PURSUANT TO
1095-THE
1096-COMPACT;
1097-k. L
1098-EGAL ADVICE;
1099-l. M
1100-ATTERS SPECIFICALLY EXEMPTED FROM DISCLOSURE
1101-TO THE PUBLIC BY FEDERAL OR
1102-MEMBER STATE LAW;
1103-OR
1104-m. OTHER MATTERS AS PROMULGATED BY THE
1105-COMMISSION BY RULE.
1106-5. I
1107-F A MEETING, OR PORTION OF A MEETING, IS CLOSED, THE
1108-PRESIDING OFFICER SHALL STATE THAT THE MEETING WILL BE
1109-CLOSED AND REFERENCE EACH RELEVANT EXEMPTING
1110-PROVISION
1111-, AND SUCH REFERENCE SHALL BE RECORDED IN THE
1112-MINUTES
1113-.
1114-PAGE 22-HOUSE BILL 24-1111 6. THE COMMISSION SHALL KEEP MINUTES THAT FULLY AND
1115-CLEARLY DESCRIBE ALL MATTERS DISCUSSED IN A MEETING
1116-AND SHALL PROVIDE A FULL AND ACCURATE SUMMARY OF
1117-ACTIONS TAKEN AND THE REASONS THEREFORE
1118-, INCLUDING A
1119-DESCRIPTION OF THE VIEWS EXPRESSED
1120-. ALL DOCUMENTS
1121-CONSIDERED IN CONNECTION WITH AN ACTION SHALL BE
1122-IDENTIFIED IN SUCH MINUTES
1123-. ALL MINUTES AND DOCUMENTS
1124-OF A CLOSED MEETING SHALL REMAIN UNDER SEAL
1125-, SUBJECT
1126-TO RELEASE ONLY BY A MAJORITY VOTE OF THE
1127-COMMISSION
1128-OR ORDER OF A COURT OF COMPETENT JURISDICTION
1129-.
1130-G. F
1131-INANCING OF THE COMMISSION
1132-1. THE COMMISSION SHALL PAY, OR PROVIDE FOR THE PAYMENT
1133-OF
1134-, THE REASONABLE EXPENSES OF ITS ESTABLISHMENT ,
1135-ORGANIZATION, AND ONGOING ACTIVITIES.
1136-2. T
1137-HE COMMISSION MAY ACCEPT ANY AND ALL APPROPRIATE
1138-SOURCES OF REVENUE
1139-, DONATIONS, AND GRANTS OF MONEY,
1140-EQUIPMENT, SUPPLIES, MATERIALS, AND SERVICES.
1141-3. T
1142-HE COMMISSION MAY LEVY ON AND COLLECT AN ANNUAL
1143-ASSESSMENT FROM EACH
1144-MEMBER STATE AND IMPOSE FEES
1145-ON
1146-LICENSEES OF MEMBER STATES TO WHOM IT GRANTS A
1147-MULTISTATE LICENSE TO COVER THE COST OF THE
1148-OPERATIONS AND ACTIVITIES OF THE
1149-COMMISSION AND ITS
1150-STAFF
1151-, WHICH MUST BE IN A TOTAL AMOUNT SUFFICIENT TO
1152-COVER ITS ANNUAL BUDGET AS APPROVED EACH YEAR FOR
1153-WHICH REVENUE IS NOT PROVIDED BY OTHER SOURCES
1154-. THE
1155-AGGREGATE ANNUAL ASSESSMENT AMOUNT FOR
1156-MEMBER
1157-STATES SHALL BE ALLOCATED BASED UPON A FORMULA THAT
1158-THE
1159-COMMISSION SHALL PROMULGATE BY RULE.
1160-4. T
1161-HE COMMISSION SHALL NOT INCUR OBLIGATIONS OF ANY
1162-KIND PRIOR TO SECURING THE FUNDS ADEQUATE TO MEET THE
1163-SAME
1164-; NOR SHALL THE COMMISSION PLEDGE THE CREDIT OF
1165-ANY
1166-MEMBER STATES, EXCEPT BY AND WITH THE AUTHORITY
1167-OF THE
1168-MEMBER STATE.
1169-5. T
1170-HE COMMISSION SHALL KEEP ACCURATE ACCOUNTS OF ALL
1171-PAGE 23-HOUSE BILL 24-1111 RECEIPTS AND DISBURSEMENTS . THE RECEIPTS AND
1172-DISBURSEMENTS OF THE
1173-COMMISSION SHALL BE SUBJECT TO
1174-THE FINANCIAL REVIEW AND ACCOUNTING PROCEDURES
1175-ESTABLISHED UNDER ITS BYLAWS
1176-. ALL RECEIPTS AND
1177-DISBURSEMENTS OF FUNDS HANDLED BY THE
1178-COMMISSION
1179-SHALL BE SUBJECT TO AN ANNUAL FINANCIAL REVIEW BY A
1180-CERTIFIED OR LICENSED PUBLIC ACCOUNTANT
1181-, AND THE
1182-REPORT OF THE FINANCIAL REVIEW SHALL BE INCLUDED IN
1183-AND BECOME PART OF THE ANNUAL REPORT OF THE
1184-COMMISSION.
1185-H. Q
1186-UALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION
1187-1. THE MEMBERS, OFFICERS, EXECUTIVE DIRECTOR, EMPLOYEES,
1188-AND REPRESENTATIVES OF THE COMMISSION ARE IMMUNE
1189-FROM SUIT AND LIABILITY
1190-, BOTH PERSONALLY AND IN THEIR
1191-OFFICIAL CAPACITY
1192-, FOR ANY CLAIM FOR DAMAGE TO OR LOSS
1193-OF PROPERTY OR PERSONAL INJURY OR OTHER CIVIL LIABILITY
1194-CAUSED BY OR ARISING OUT OF ANY ACTUAL OR ALLEGED ACT
1195-,
1196-ERROR, OR OMISSION THAT OCCURRED, OR THAT THE PERSON
1197-AGAINST WHOM THE CLAIM IS MADE HAD A REASONABLE
1198-BASIS FOR BELIEVING OCCURRED WITHIN THE SCOPE OF
1199-COMMISSION EMPLOYMENT , DUTIES, OR RESPONSIBILITIES;
1200-PROVIDED THAT NOTHING IN THIS PARAGRAPH H.1. SHALL BE
1201-CONSTRUED TO PROTECT ANY SUCH PERSON FROM SUIT OR
1202-LIABILITY FOR ANY DAMAGE
1203-, LOSS, INJURY, OR LIABILITY
1204-CAUSED BY THE INTENTIONAL OR WILLFUL OR WANTON
1205-MISCONDUCT OF THAT PERSON
1206-. THE PROCUREMENT OF
1207-INSURANCE OF ANY TYPE BY THE
1208-COMMISSION DOES NOT IN
1209-ANY WAY COMPROMISE OR LIMIT THE IMMUNITY GRANTED
1210-HEREUNDER
1211-.
1212-2. T
1213-HE COMMISSION SHALL DEFEND ANY MEMBER , OFFICER,
1214-EXECUTIVE DIRECTOR, EMPLOYEE, AND REPRESENTATIVE OF
1215-THE
1216-COMMISSION IN ANY CIVIL ACTION SEEKING TO IMPOSE
1217-LIABILITY ARISING OUT OF ANY ACTUAL OR ALLEGED ACT
1218-,
1219-ERROR, OR OMISSION THAT OCCURRED WITHIN THE SCOPE OF
1220-COMMISSION EMPLOYMENT , DUTIES, OR RESPONSIBILITIES, OR
1221-AS DETERMINED BY THE
1222-COMMISSION THAT THE PERSON
1223-AGAINST WHOM THE CLAIM IS MADE HAD A REASONABLE
1224-PAGE 24-HOUSE BILL 24-1111 BASIS FOR BELIEVING OCCURRED WITHIN THE SCOPE OF
1225-COMMISSION EMPLOYMENT , DUTIES, OR RESPONSIBILITIES;
1226-PROVIDED THAT NOTHING HEREIN SHALL BE CONSTRUED TO
1227-PROHIBIT THAT PERSON FROM RETAINING THEIR OWN COUNSEL
1228-AT THEIR OWN EXPENSE
1229-; AND PROVIDED FURTHER, THAT THE
1230-ACTUAL OR ALLEGED ACT
1231-, ERROR, OR OMISSION DID NOT
1232-RESULT FROM THAT PERSON
1233-'S INTENTIONAL OR WILLFUL OR
1234-WANTON MISCONDUCT
1235-.
1236-3. T
1237-HE COMMISSION SHALL INDEMNIFY AND HOLD HARMLESS
1238-ANY MEMBER
1239-, OFFICER, EXECUTIVE DIRECTOR, EMPLOYEE,
1240-AND REPRESENTATIVE OF THE COMMISSION FOR THE AMOUNT
1241-OF ANY SETTLEMENT OR JUDGMENT OBTAINED AGAINST THAT
1242-PERSON ARISING OUT OF ANY ACTUAL OR ALLEGED ACT
1243-,
1244-ERROR, OR OMISSION THAT OCCURRED WITHIN THE SCOPE OF
1245-COMMISSION EMPLOYMENT , DUTIES, OR RESPONSIBILITIES, OR
1246-THAT SUCH PERSON HAD A REASONABLE BASIS FOR BELIEVING
1247-OCCURRED WITHIN THE SCOPE OF
1248-COMMISSION EMPLOYMENT ,
1249-DUTIES, OR RESPONSIBILITIES, PROVIDED THAT THE ACTUAL
1250-OR ALLEGED ACT
1251-, ERROR, OR OMISSION DID NOT RESULT FROM
1252-THE INTENTIONAL OR WILLFUL OR WANTON MISCONDUCT OF
1253-THAT PERSON
1254-.
1255-4. N
1256-OTHING HEREIN SHALL BE CONSTRUED AS A LIMITATION ON
1257-THE LIABILITY OF ANY
1258-LICENSEE FOR PROFESSIONAL
1259-MALPRACTICE OR MISCONDUCT
1260-, WHICH SHALL BE GOVERNED
1261-SOLELY BY ANY OTHER APPLICABLE
1262-STATE LAWS.
1263-5. N
1264-OTHING IN THIS COMPACT SHALL BE INTERPRETED TO WAIVE
1265-OR OTHERWISE ABROGATE A
1266-MEMBER STATE'S STATE ACTION
1267-IMMUNITY OR
1268-STATE ACTION AFFIRMATIVE DEFENSE WITH
1269-RESPECT TO ANTITRUST CLAIMS UNDER THE
1270-SHERMAN ACT,
1793+OTHING HEREIN PREVENTS OR INHIBITS THE ENFORCEMENT OF25
1794+ANY OTHER LAW OF A MEMBER STATE THAT IS NOT INCONSISTENT26
1795+WITH THE COMPACT.27
1796+1111
1797+-47- B. ANY LAWS, STATUTES, REGULATIONS, OR OTHER LEGAL1
1798+REQUIREMENTS IN A MEMBER STATE IN CONFLICT WITH THE2
12711799 C
1272-LAYTON ACT, OR ANY OTHER STATE OR FEDERAL ANTITRUST
1273-OR ANTICOMPETITIVE LAW OR REGULATION
1274-.
1275-6. N
1276-OTHING IN THIS COMPACT SHALL BE CONSTRUED TO BE A
1277-WAIVER OF SOVEREIGN IMMUNITY BY THE
1278-MEMBER STATES
1279-OR BY THE
1280-COMMISSION.
1281-ARTICLE 10 - DATA SYSTEM
1282-PAGE 25-HOUSE BILL 24-1111 A. THE COMMISSION SHALL PROVIDE FOR THE DEVELOPMENT ,
1283-MAINTENANCE, OPERATION, AND UTILIZATION OF A COORDINATED
1284-DATABASE AND REPORTING SYSTEM
1285-.
1286-B. T
1287-HE COMMISSION SHALL ASSIGN EACH APPLICANT FOR A
1288-MULTISTATE LICENSE A UNIQUE IDENTIFIER, AS DETERMINED BY THE
1289-RULES OF THE COMMISSION.
1290-C. N
1291-OTWITHSTANDING ANY OTHER PROVISION OF STATE LAW TO THE
1292-CONTRARY
1293-, A MEMBER STATE SHALL SUBMIT A UNIFORM DATA SET
1294-TO THE
1295-DATA SYSTEM ON ALL INDIVIDUALS TO WHOM THIS COMPACT
1296-IS APPLICABLE AS REQUIRED BY THE
1297-RULES OF THE COMMISSION,
1298-INCLUDING:
1299-1. I
1300-DENTIFYING INFORMATION;
1301-2. L
1302-ICENSURE DATA;
1303-3. A
1304-DVERSE ACTIONS AGAINST A LICENSE AND INFORMATION
1305-RELATED THERETO
1306-;
1307-4. N
1308-ON-CONFIDENTIAL INFORMATION RELATED TO ALTERNATIVE
1309-PROGRAM PARTICIPATION, THE BEGINNING AND ENDING DATES
1310-OF SUCH PARTICIPATION
1311-, AND OTHER INFORMATION RELATED
1312-TO SUCH PARTICIPATION
1313-;
1314-5. A
1315-NY DENIAL OF APPLICATION FOR LICENSURE , AND THE
1316-REASON
1317-(S) FOR SUCH DENIAL (EXCLUDING THE REPORTING OF
1318-ANY CRIMINAL HISTORY RECORD INFORMATION WHERE
1319-PROHIBITED BY LAW
1320-);
1321-6. T
1322-HE EXISTENCE OF INVESTIGATIVE INFORMATION;
1323-7. T
1324-HE EXISTENCE OF CURRENT SIGNIFICANT INVESTIGATIVE
1325-INFORMATION; AND
1326-8. OTHER INFORMATION THAT MAY FACILITATE THE
1327-ADMINISTRATION OF THIS
1328-COMPACT OR THE PROTECTION OF
1329-THE PUBLIC
1330-, AS DETERMINED BY THE RULES OF THE
1331-COMMISSION.
1332-PAGE 26-HOUSE BILL 24-1111 D. THE RECORDS AND INFORMATION PROVIDED TO A MEMBER STATE
1333-PURSUANT TO THIS
1334-COMPACT OR THROUGH THE DATA SYSTEM, WHEN
1335-CERTIFIED BY THE
1336-COMMISSION OR AN AGENT THEREOF , CONSTITUTE
1337-THE AUTHENTICATED BUSINESS RECORDS OF THE
1338-COMMISSION, AND
1339-SHALL BE ENTITLED TO ANY ASSOCIATED HEARSAY EXCEPTION IN
1340-ANY RELEVANT JUDICIAL
1341-, QUASI-JUDICIAL, OR ADMINISTRATIVE
1342-PROCEEDINGS IN A
1343-MEMBER STATE.
1344-E. T
1345-HE EXISTENCE OF CURRENT SIGNIFICANT INVESTIGATIVE
1346-INFORMATION AND THE EXISTENCE OF INVESTIGATIVE INFORMATION
1347-PERTAINING TO A
1348-LICENSEE IN ANY MEMBER STATE WILL ONLY BE
1349-AVAILABLE TO OTHER
1350-MEMBER STATES.
1351-F. I
1352-T IS THE RESPONSIBILITY OF THE MEMBER STATES TO MONITOR THE
1353-DATABASE TO DETERMINE WHETHER
1354-ADVERSE ACTION HAS BEEN
1355-TAKEN AGAINST SUCH A
1356-LICENSEE OR LICENSE APPLICANT. ADVERSE
1357-ACTION INFORMATION PERTAINING TO A LICENSEE OR LICENSE
1358-APPLICANT IN ANY
1359-MEMBER STATE WILL BE AVAILABLE TO ANY
1360-OTHER
1361-MEMBER STATE.
1362-G. M
1363-EMBER STATES CONTRIBUTING INFORMATION TO THE DATA
1364-SYSTEM MAY DESIGNATE INFORMATION THAT MAY NOT BE SHARED
1365-WITH THE PUBLIC WITHOUT THE EXPRESS PERMISSION OF THE
1366-CONTRIBUTING
1367-STATE.
1368-H. A
1369-NY INFORMATION SUBMITTED TO THE DATA SYSTEM THAT IS
1370-SUBSEQUENTLY EXPUNGED PURSUANT TO FEDERAL LAW OR THE LAWS
1371-OF THE
1372-MEMBER STATE CONTRIBUTING THE INFORMATION SHALL BE
1373-REMOVED FROM THE
1374-DATA SYSTEM.
1375-ARTICLE 11 - RULEMAKING
1376-A. T
1377-HE COMMISSION SHALL PROMULGATE REASONABLE RULES IN ORDER
1378-TO EFFECTIVELY AND EFFICIENTLY IMPLEMENT AND ADMINISTER THE
1379-PURPOSES AND PROVISIONS OF THE
1380-COMPACT. A RULE IS INVALID
1381-AND HAS NO FORCE OR EFFECT ONL Y IF A COURT OF COMPETENT
1382-JURISDICTION HOLDS THAT THE
1383-RULE IS INVALID BECAUSE THE
1384-COMMISSION EXERCISED ITS RULEMAKING AUTHORITY IN A MANNER
1385-THAT IS BEYOND THE SCOPE AND PURPOSES OF THE
1386-COMPACT, OR THE
1387-POWERS GRANTED HEREUNDER
1388-, OR BASED UPON ANOTHER
1389-PAGE 27-HOUSE BILL 24-1111 APPLICABLE STANDARD OF REVIEW .
1390-B. T
1391-HE RULES OF THE COMMISSION HAVE THE FORCE OF LAW IN EACH
1392-MEMBER STATE, PROVIDED, HOWEVER, THAT WHERE THE RULES OF
1393-THE
1394-COMMISSION CONFLICT WITH THE LAWS OF THE MEMBER STATE
1395-THAT ESTABLISH THE
1396-MEMBER STATE'S SCOPE OF PRACTICE LAWS
1397-GOVERNING THE
1398-PRACTICE OF COSMETOLOGY AS HELD BY A COURT
1399-OF COMPETENT JURISDICTION
1400-, THE RULES OF THE COMMISSION ARE
1401-INEFFECTIVE IN THAT
1402-STATE TO THE EXTENT OF THE CONFLICT.
1403-C. T
1404-HE COMMISSION SHALL EXERCISE ITS RULEMAKING POWERS
1405-PURSUANT TO THE CRITERIA SET FORTH IN THIS
1406-ARTICLE AND THE
1407-RULES ADOPTED BECOME BINDING AS OF THE DATE SPECIFIED BY THE
1408-COMMISSION FOR EACH
1409-RULE.
1410-D. I
1411-F A MAJORITY OF THE LEGISLATURES OF THE MEMBER STATES
1412-REJECTS A
1413-RULE OR PORTION OF A RULE, BY ENACTMENT OF A
1414-STATUTE OR RESOLUTION IN THE SAME MANNER USED TO ADOPT THE
1415-COMPACT WITHIN FOUR (4) YEARS OF THE DATE OF ADOPTION OF THE
1416-RULE, THEN SUCH RULE HAS NO FURTHER FORCE AND EFFECT IN ANY
1417-MEMBER STATE OR TO ANY STATE APPLYING TO PARTICIPATE IN THE
1418-COMPACT.
1419-E. R
1420-ULES SHALL BE ADOPTED AT A REGULAR OR SPECIAL M EETING OF
1421-THE
1422-COMMISSION.
1423-F. P
1424-RIOR TO ADOPTION OF A PROPOSED RULE, THE COMMISSION SHALL
1425-HOLD A PUBLIC HEARING AND ALLOW PERSONS TO PROVIDE ORAL AND
1426-WRITTEN COMMENTS
1427-, DATA, FACTS, OPINIONS, AND ARGUMENTS.
1428-G. P
1429-RIOR TO ADOPTION OF A PROPOSED RULE BY THE COMMISSION, AND
1430-AT LEAST THIRTY
1431-(30) DAYS IN ADVANCE OF THE MEETING AT WHICH
1432-THE
1433-COMMISSION WILL HOLD A PUBLIC HEARING ON THE PROPOSED
1434-RULE, THE COMMISSION SHALL PROVIDE A NOTICE OF PROPOSED
1435-RULEMAKING
1436-:
1437-1. O
1438-N THE WEBSITE OF THE COMMISSION OR OTHER PUBLICLY
1439-ACCESSIBLE PLATFORM
1440-;
1441-2. T
1442-O PERSONS WHO HAVE REQUESTED NOTICE OF THE
1443-PAGE 28-HOUSE BILL 24-1111 COMMISSION'S NOTICES OF PROPOSED RULEMAKING ; AND
1444-3. IN SUCH OTHER WAY(S) AS THE COMMISSION MAY BY RULE
1445-SPECIFY
1446-.
1447-H. T
1448-HE NOTICE OF PROPOSED RULEMAKING SHALL INCLUDE :
1449-1. T
1450-HE TIME, DATE, AND LOCATION OF THE PUBLIC HEARING AT
1451-WHICH THE
1452-COMMISSION WILL HEAR PUBLIC COMMENTS ON
1453-THE PROPOSED
1454-RULE AND, IF DIFFERENT, THE TIME, DATE, AND
1455-LOCATION OF THE MEETING WHERE THE
1456-COMMISSION WILL
1457-CONSIDER AND VOTE ON THE PROPOSED
1458-RULE;
1459-2. I
1460-F THE HEARING IS HELD VIA TELECOMMUNICATION , VIDEO
1461-CONFERENCE
1462-, OR OTHER ELECTRONIC MEANS , THE
1463-MECHANISM FOR ACCESS TO THE HEARING IN THE NOTICE OF
1464-PROPOSED RULEMAKING
1465-;
1466-3. T
1467-HE TEXT OF THE PROPOSED RULE AND THE REASON
1468-THEREFOR
1469-;
1470-4. A
1471- REQUEST FOR COMMENTS ON THE PROPOSED RULE FROM
1472-ANY INTERESTED PERSON
1473-; AND
1474-5. THE MANNER IN WHICH INTERESTED PERSONS MAY SUBMIT
1475-WRITTEN COMMENTS
1476-.
1477-I. A
1478-LL HEARINGS WILL BE RECORDED. A COPY OF THE RECORDING AND
1479-ALL WRITTEN COMMENTS AND DOCUMENTS RECEIVED BY THE
1480-COMMISSION IN RESPONSE TO THE PROPOSED RULE SHALL BE
1481-AVAILABLE TO THE PUBLIC
1482-.
1483-J. N
1484-OTHING IN THIS ARTICLE SHALL BE CONSTRUED AS REQUIRING A
1485-SEPARATE HEARING ON EACH
1486-RULE. RULES MAY BE GROUPED FOR
1487-THE CONVENIENCE OF THE
1488-COMMISSION AT HEARINGS REQUIRED BY
1489-THIS
1490-ARTICLE.
1491-K. T
1492-HE COMMISSION SHALL, BY MAJORITY VOTE OF ALL MEMBERS, TAKE
1493-FINAL ACTION ON THE PROPOSED
1494-RULE BASED ON THE RULEMAKING
1495-RECORD AND THE FULL TEXT OF THE
1496-RULE.
1497-PAGE 29-HOUSE BILL 24-1111 1. THE COMMISSION MAY ADOPT CHANGES TO THE PROPOSED
1498-RULE PROVIDED THE CHANGES DO NOT ENLARGE THE
1499-ORIGINAL PURPOSE OF THE PROPOSED
1500-RULE.
1501-2. T
1502-HE COMMISSION SHALL PROVIDE AN EXPLANATION OF THE
1503-REASONS FOR SUBSTANTIVE CHANGES MADE TO THE
1504-PROPOSED
1505-RULE AS WELL AS REASONS FOR SUBSTANTIVE
1506-CHANGES NOT MADE THAT WERE RECOMMENDED BY
1507-COMMENTERS
1508-.
1509-3. T
1510-HE COMMISSION SHALL DETERMINE A REASONABLE
1511-EFFECTIVE DATE FOR THE
1512-RULE. EXCEPT FOR AN EMERGENCY
1513-AS PROVIDED IN
1514-ARTICLE 11.L, THE EFFECTIVE DATE OF THE
1515-RULE SHALL BE NO SOONER THAN FORTY -FIVE (45) DAYS
1516-AFTER THE
1517-COMMISSION ISSUING THE NOTICE THAT IT
1518-ADOPTED OR AMENDED THE
1519-RULE.
1520-L. U
1521-PON DETERMINATION THAT AN EMERGENCY EXISTS , THE
1522-COMMISSION MAY CONSIDER AND ADOPT AN EMERGENCY RULE WITH
1523-FIVE
1524-(5) DAYS' NOTICE, WITH OPPORTUNITY TO COMMENT , PROVIDED
1525-THAT THE USUAL RULEMAKING PROCEDURES PROVIDED IN THE
1526-COMPACT AND IN THIS ARTICLE SHALL BE RETROACTIVELY APPLIED
1527-TO THE
1528-RULE AS SOON AS REASONABLY POSSIBLE , IN NO EVENT LATER
1529-THAN NINETY
1530-(90) DAYS AFTER THE EFFECTIVE DATE OF THE RULE.
1531-F
1532-OR THE PURPOSES OF THIS PROVISION, AN EMERGENCY RULE IS ONE
1533-THAT MUST BE ADOPTED IMMEDIATELY TO
1534-:
1535-1. M
1536-EET AN IMMINENT THREAT TO PUBLIC HEALTH , SAFETY, OR
1537-WELFARE
1538-;
1539-2. P
1540-REVENT A LOSS OF COMMISSION OR MEMBER STATE FUNDS;
1541-3. M
1542-EET A DEADLINE FOR THE PROMULGATION OF A RULE THAT
1543-IS ESTABLISHED BY FEDERAL LAW OR RULE
1544-; OR
1545-4. PROTECT PUBLIC HEALTH AND SAFETY .
1546-M. T
1547-HE COMMISSION OR AN AUTHORIZED COMMITTEE OF THE
1548-COMMISSION MAY DIRECT REVISIONS TO A PREVIOUSLY ADOPTED
1549-RULE FOR PURPOSES OF CORRECTING TYPOGRAPHICAL ERRORS ,
1550-PAGE 30-HOUSE BILL 24-1111 ERRORS IN FORMAT, ERRORS IN CONSISTENCY, OR GRAMMATICAL
1551-ERRORS
1552-. PUBLIC NOTICE OF ANY REVISIONS SHALL BE POSTED ON THE
1553-WEBSITE OF THE
1554-COMMISSION. THE REVISION IS SUBJECT TO
1555-CHALLENGE BY ANY PERSON FOR A PERIOD OF THIRTY
1556-(30) DAYS
1557-AFTER POSTING
1558-. THE REVISION MAY BE CHALLENGED ONLY ON
1559-GROUNDS THAT THE REVISION RESULTS IN A MATERIAL CHANGE TO A
1560-RULE. A CHALLENGE SHALL BE MADE IN WRITING AND DELIVERED TO
1561-THE
1562-COMMISSION PRIOR TO THE END OF THE NOTICE PERIOD . IF NO
1563-CHALLENGE IS MADE
1564-, THE REVISION WILL TAKE EFFECT WITHOUT
1565-FURTHER ACTION
1566-. IF THE REVISION IS CHALLENGED, THE REVISION
1567-MAY NOT TAKE EFFECT WITHOUT THE APPROVAL OF THE
1568-COMMISSION.
1569-N. N
1570-O MEMBER STATE'S RULEMAKING REQUIREMENTS APPLY UNDER
1571-THIS
1572-COMPACT.
1573-ARTICLE 12 - OVERSIGHT, DISPUTE RESOLUTION,
1574-AND ENFORCEMENT
1575-A. O
1576-VERSIGHT
1577-1. THE EXECUTIVE AND JUDICIAL BRANCHES OF STATE
1578-GOVERNMENT IN EACH
1579-MEMBER STATE SHALL ENFORCE THIS
1580-COMPACT AND TAKE ALL ACTIONS NECESSARY AND
1581-APPROPRIATE TO IMPLEMENT THE
1582-COMPACT.
1583-2. V
1584-ENUE IS PROPER AND JUDICIAL PROCEEDINGS BY OR AGAINST
1585-THE
1586-COMMISSION SHALL BE BROUGHT SOLELY AND
1587-EXCLUSIVELY IN A COURT OF COMPETENT JURISDICTION
1588-WHERE THE PRINCIPAL OFFICE OF THE
1589-COMMISSION IS
1590-LOCATED
1591-. THE COMMISSION MAY WAIVE VENUE AND
1592-JURISDICTIONAL DEFENSES TO THE EXTENT IT ADOPTS OR
1593-CONSENTS TO PARTICIPATE IN ALTERNATIVE DISPUTE
1594-RESOLUTION PROCEEDINGS
1595-. NOTHING HEREIN AFFECTS OR
1596-LIMITS THE SELECTION OR PROPRIETY OF VENUE IN ANY
1597-ACTION AGAINST A
1598-LICENSEE FOR PROFESSIONAL
1599-MALPRACTICE
1600-, MISCONDUCT, OR ANY SUCH SIMILAR MATTER.
1601-3. T
1602-HE COMMISSION SHALL BE ENTITLED TO RECEIVE SERVICE OF
1603-PROCESS IN ANY PROCEEDING REGARDING THE ENFORCEMENT
1604-PAGE 31-HOUSE BILL 24-1111 OR INTERPRETATION OF THE COMPACT AND SHALL HAVE
1605-STANDING TO INTERVENE IN SUCH A PROCEEDING FOR ALL
1606-PURPOSES
1607-. FAILURE TO PROVIDE THE COMMISSION SERVICE OF
1608-PROCESS RENDERS A JUDGMENT OR ORDER VOID AS TO THE
1609-COMMISSION, THIS COMPACT, OR PROMULGATED RULES.
1610-B. D
1611-EFAULT, TECHNICAL ASSISTANCE, AND TERMINATION
1612-1. IF THE COMMISSION DETERMINES THAT A MEMBER STATE HAS
1613-DEFAULTED IN THE PERFORMANCE OF ITS OBLIGATIONS OR
1614-RESPONSIBILITIES UNDER THIS
1615-COMPACT OR THE
1616-PROMULGATED
1617-RULES, THE COMMISSION SHALL PROVIDE
1618-WRITTEN NOTICE TO THE DEFAULTING
1619-STATE. THE NOTICE OF
1620-DEFAULT SHALL DESCRIBE THE DEFAULT
1621-, THE PROPOSED
1622-MEANS OF CURING THE DEFAULT
1623-, AND ANY OTHER ACTION
1624-THAT THE
1625-COMMISSION MAY TAKE , AND SHALL OFFER
1626-TRAINING AND SPECIFIC TECHNICAL ASSISTANCE REGARDING
1627-THE DEFAULT
1628-.
1629-2. T
1630-HE COMMISSION SHALL PROVIDE A COPY OF THE NOTICE OF
1631-DEFAULT TO THE OTHER
1632-MEMBER STATES.
1633-3. I
1634-F A STATE IN DEFAULT FAILS TO CURE THE DEFAULT , THE
1635-DEFAULTING
1636-STATE MAY BE TERMINATED FROM THE
1637-COMPACT UPON AN AFFIRMATIVE VOTE OF A MAJORITY OF THE
1638-DELEGATES OF THE
1639-MEMBER STATES, AND ALL RIGHTS,
1640-PRIVILEGES, AND BENEFITS CONFERRED ON THAT STATE BY
1641-THIS
1642-COMPACT MAY BE TERMINATED ON THE EFFECTIVE DATE
1643-OF TERMINATION
1644-. A CURE OF THE DEFAULT DOES NOT RELIEVE
1645-THE OFFENDING
1646-STATE OF OBLIGATIONS OR LIABILITIES
1647-INCURRED DURING THE PERIOD OF DEFAULT
1648-.
1649-4. T
1650-ERMINATION OF MEMBERSHIP IN THE COMPACT SHALL BE
1651-IMPOSED ONLY AFTER ALL OTHER MEANS OF SECURING
1652-COMPLIANCE HAVE BEEN EXHAUSTED
1653-. NOTICE OF INTENT TO
1654-SUSPEND OR TERMINATE SHALL BE GIVEN BY THE
1655-COMMISSION
1656-TO THE GOVERNOR
1657-, THE MAJORITY AND MINORITY LEADERS OF
1658-THE DEFAULTING
1659-STATE'S LEGISLATURE, THE DEFAULTING
1660-STATE'S STATE LICENSING AUTHORITY, AND EACH OF THE
1661-MEMBER STATES' STATE LICENSING AUTHORITY.
1662-PAGE 32-HOUSE BILL 24-1111 5. A STATE THAT HAS BEEN TERMINATED IS RESPONSIBLE FOR
1663-ALL ASSESSMENTS
1664-, OBLIGATIONS, AND LIABILITIES INCURRED
1665-THROUGH THE EFFECTIVE DATE OF TERMINATION
1666-, INCLUDING
1667-OBLIGATIONS THAT EXTEND BEYOND THE EFFECTIVE DATE OF
1668-TERMINATION
1669-.
1670-6. U
1671-PON THE TERMINATION OF A STATE'S MEMBERSHIP FROM
1672-THIS
1673-COMPACT, THAT STATE SHALL IMMEDIATELY PROVIDE
1674-NOTICE TO ALL
1675-LICENSEES WHO HOLD A MULTISTATE LICENSE
1676-WITHIN THAT
1677-STATE OF SUCH TERMINATION. THE TERMINATED
1678-STATE SHALL CONTINUE TO RECOGNIZE ALL LICENSES
1679-GRANTED PURSUANT TO THIS
1680-COMPACT FOR A MINIMUM OF
1681-ONE HUNDRED EIGHTY
1682-(180) DAYS AFTER THE DATE OF SAID
1683-NOTICE OF TERMINATION
1684-.
1685-7. T
1686-HE COMMISSION SHALL NOT BEAR ANY COSTS RELATED TO
1687-A
1688-STATE THAT IS FOUND TO BE IN DEFAULT OR THAT HAS BEEN
1689-TERMINATED FROM THE
1690-COMPACT, UNLESS AGREED UPON IN
1691-WRITING BETWEEN THE
1692-COMMISSION AND THE DEFAULTING
1693-STATE.
1694-8. T
1695-HE DEFAULTING STATE MAY APPEAL THE ACTION OF THE
1696-COMMISSION BY PETITIONING THE UNITED STATES DISTRICT
1697-COURT FOR THE DISTRICT OF COLUMBIA OR THE FEDERAL
1698-DISTRICT WHERE THE
1699-COMMISSION HAS ITS PRINCIPAL
1700-OFFICES
1701-. THE PREVAILING PARTY SHALL BE AWARDED ALL
1702-COSTS OF SUCH LITIGATION
1703-, INCLUDING REASONABLE
1704-ATTORNEY
1705-'S FEES.
1706-C. D
1707-ISPUTE RESOLUTION
1708-1. UPON REQUEST BY A MEMBER STATE, THE COMMISSION
1709-SHALL ATTEMPT TO RESOLVE DISPUTES RELATED TO THE
1710-COMPACT THAT ARISE AMONG MEMBER STATES AND
1711-BETWEEN
1712-MEMBER AND NON-MEMBER STATES.
1713-2. T
1714-HE COMMISSION SHALL PROMULGATE A RULE PROVIDING
1715-FOR BOTH MEDIATION AND BINDING DISPUTE RESOLUTION FOR
1716-DISPUTES AS APPROPRIATE
1717-.
1718-PAGE 33-HOUSE BILL 24-1111 D. ENFORCEMENT
1719-1. THE COMMISSION, IN THE REASONABLE EXERCISE OF ITS
1720-DISCRETION
1721-, SHALL ENFORCE THE PROVISIONS OF THIS
1722-COMPACT AND THE COMMISSION'S RULES.
1723-2. B
1724-Y MAJORITY VOTE AS PROVIDED BY COMMISSION RULE, THE
1725-COMMISSION MAY INITIATE LEGAL ACTION AGAINST A
1726-MEMBER STATE IN DEFAULT IN THE UNITED STATES DISTRICT
1727-COURT FOR THE DISTRICT OF COLUMBIA OR THE FEDERAL
1728-DISTRICT WHERE THE
1729-COMMISSION HAS ITS PRINCIPAL OFFICES
1730-TO ENFORCE COMPLIANCE WITH THE PROVISIONS OF THE
1731-COMPACT AND ITS PROMULGATED RULES. THE RELIEF SOUGHT
1732-MAY INCLUDE BOTH INJUNCTIVE RELIEF AND DAMAGES
1733-. IN THE
1734-EVENT JUDICIAL ENFORCEMENT IS NECESSARY
1735-, THE
1736-PREVAILING PARTY SHALL BE AWARDED ALL COSTS OF SUCH
1737-LITIGATION
1738-, INCLUDING REASONABLE ATTORNEY 'S FEES. THE
1739-REMEDIES HEREIN ARE NOT THE EXCLUSIVE REMEDIES OF THE
1740-COMMISSION. THE COMMISSION MAY PURSUE ANY OTHER
1741-REMEDIES AVAILABLE UNDER FEDERAL OR THE DEFAULTING
1742-MEMBER STATE'S LAW.
1743-3. A
1744- MEMBER STATE MAY INITIATE LEGAL ACTION AGAINST THE
1745-COMMISSION IN THE UNITED STATES DISTRICT COURT FOR
1746-THE
1747-DISTRICT OF COLUMBIA OR THE FEDERAL DISTRICT
1748-WHERE THE
1749-COMMISSION HAS ITS PRINCIPAL OFFICES TO
1750-ENFORCE COMPLIANCE WITH THE PROVISIONS OF THE
1751-COMPACT AND ITS PROMULGATED RULES. THE RELIEF SOUGHT
1752-MAY INCLUDE BOTH INJUNCTIVE RELIEF AND DAMAGES
1753-. IN THE
1754-EVENT JUDICIAL ENFORCEMENT IS NECESSARY
1755-, THE
1756-PREVAILING PARTY SHALL BE AWARDED ALL COSTS OF SUCH
1757-LITIGATION
1758-, INCLUDING REASONABLE ATTORNEY 'S FEES.
1759-4. N
1760-O INDIVIDUAL OR ENTITY OTHER THAN A MEMBER STATE
1761-MAY ENFORCE THIS
1762-COMPACT AGAINST THE COMMISSION.
1763-ARTICLE 13 - EFFECTIVE DATE, WITHDRAWAL,
1764-AND AMENDMENT
1765-A. T
1766-HE COMPACT COMES INTO EFFECT ON THE DATE ON WHICH THE
1767-PAGE 34-HOUSE BILL 24-1111 COMPACT STATUTE IS ENACTED INTO LAW IN THE SEVENTH MEMBER
1768-STATE.
1769-1. O
1770-N OR AFTER THE EFFECTIVE DATE OF THE COMPACT, THE
1771-COMMISSION SHALL CONVENE AND REVIEW THE ENACTMENT
1772-OF EACH OF THE
1773-CHARTER MEMBER STATES TO DETERMINE IF
1774-THE STATUTE ENACTED BY EACH SUCH
1775-CHARTER MEMBER
1776-STATE IS MATERIALLY DIFFERENT THAN THE MODEL COMPACT
1777-STATUTE
1778-.
1779-a. A
1780- CHARTER MEMBER STATE WHOSE ENACTMENT IS
1781-FOUND TO BE MATERIALLY DIFFERENT FROM THE
1782-MODEL
1783-COMPACT STATUTE IS ENTITLED TO THE
1784-DEFAULT PROCESS SET FORTH IN
1785-ARTICLE 12.
1786-b. I
1787-F ANY MEMBER STATE IS LATER FOUND TO BE IN
1788-DEFAULT
1789-, OR IS TERMINATED OR WITHDRAWS FROM
1790-THE
1791-COMPACT, THE COMMISSION REMAINS IN
1792-EXISTENCE AND THE
1793-COMPACT REMAINS IN EFFECT
1794-EVEN IF THE NUMBER OF
1795-MEMBER STATES SHOULD BE
1796-LESS THAN SEVEN
1797-(7).
1798-2. M
1799-EMBER STATES ENACTING THE COMPACT SUBSEQUENT TO
1800-THE
1801-CHARTER MEMBER STATES ARE SUBJECT TO THE PROCESS
1802-SET FORTH IN
1803-ARTICLE 9.C.24 TO DETERMINE IF THEIR
1804-ENACTMENTS ARE MATERIALLY DIFFERENT FROM THE MODEL
1805-COMPACT STATUTE AND WHETHER THEY QUALIFY FOR
1806-PARTICIPATION IN THE
1807-COMPACT.
1808-3. A
1809-LL ACTIONS TAKEN FOR THE BENEFIT OF THE COMMISSION
1810-OR IN FURTHERANCE OF THE PURPOSES OF THE
1811-ADMINISTRATION OF THE
1812-COMPACT PRIOR TO THE EFFECTIVE
1813-DATE OF THE
1814-COMPACT OR THE COMMISSION COMING INTO
1815-EXISTENCE SHALL BE CONSIDERED TO BE ACTIONS OF THE
1816-COMMISSION UNLESS SPECIFICALLY REPUDIATED BY THE
1817-COMMISSION.
1818-4. A
1819-NY STATE THAT JOINS THE COMPACT IS SUBJECT TO THE
1820-COMMISSION'S RULES AND BYLAWS AS THEY EXIST ON THE
1821-DATE ON WHICH THE
1822-COMPACT BECOMES LAW IN THAT STATE.
1823-PAGE 35-HOUSE BILL 24-1111 ANY RULE THAT HAS BEEN PREVIOUSLY ADOPTED BY THE
1824-COMMISSION HAS THE FULL FORCE AND EFFECT OF LAW ON
1825-THE DAY THE
1826-COMPACT BECOMES LAW IN THAT STATE.
1827-B. A
1828-NY MEMBER STATE MAY WITHDRAW FROM THIS COMPACT BY
1829-ENACTING A STATUTE REPEALING THAT
1830-STATE'S ENACTMENT OF THE
1831-COMPACT.
1832-1. A
1833- MEMBER STATE'S WITHDRAWAL SHALL NOT TAKE EFFECT
1834-UNTIL ONE HUNDRED EIGHTY
1835-(180) DAYS AFTER ENACTMENT
1836-OF THE REPEALING STATUTE
1837-.
1838-2. W
1839-ITHDRAWAL DOES NOT AFFECT THE CONTINUING
1840-REQUIREMENT OF THE WITHDRAWING
1841-STATE'S STATE
1842-LICENSING AUTHORITY TO COMPLY WITH THE INVESTIGATIVE
1843-AND
1844-ADVERSE ACTION REPORTING REQUIREMENTS OF THIS
1845-COMPACT PRIOR TO THE EFFECTIVE DATE OF WITHDRAWAL .
1846-3. U
1847-PON THE ENACTMENT OF A STATUTE WITHDRAWING FROM
1848-THIS
1849-COMPACT, A STATE SHALL IMMEDIATELY PROVIDE
1850-NOTICE OF SUCH WITHDRAWAL TO ALL
1851-LICENSEES WITHIN
1852-THAT
1853-STATE. NOTWITHSTANDING ANY SUBSEQUENT
1854-STATUTORY ENACTMENT TO THE CONTRARY
1855-, SUCH
1856-WITHDRAWING
1857-STATE SHALL CONTINUE TO RECOGNIZE ALL
1858-LICENSES GRANTED PURSUANT TO THIS
1859-COMPACT FOR A
1860-MINIMUM OF ONE HUNDRED EIGHTY
1861-(180) DAYS AFTER THE
1862-DATE OF SUCH NOTICE OF WITHDRAWAL
1863-.
1864-C. N
1865-OTHING CONTAINED IN THIS COMPACT SHALL BE CONSTRUED TO
1866-INVALIDATE OR PREVENT ANY LICENSURE AGREEMENT OR OTHER
1867-COOPERATIVE ARRANGEMENT BETWEEN A
1868-MEMBER STATE AND A
1869-NON
1870--MEMBER STATE THAT DOES NOT CONFLICT WITH THE
1871-PROVISIONS OF THIS
1872-COMPACT.
1873-D. T
1874-HIS COMPACT MAY BE AMENDED BY THE MEMBER STATES. NO
1875-AMENDMENT TO THIS
1876-COMPACT BECOMES EFFECTIVE AND BINDING
1877-UPON ANY
1878-MEMBER STATE UNTIL IT IS ENACTED INTO THE LAWS OF
1879-ALL
1880-MEMBER STATES.
1881-ARTICLE 14 - CONSTRUCTION AND SEVERABILITY
1882-PAGE 36-HOUSE BILL 24-1111 A. THIS COMPACT AND THE COMMISSION'S RULEMAKING AUTHORITY
1883-SHALL BE LIBERALLY CONSTRUED SO AS TO EFFECTUATE THE
1884-PURPOSES AND THE IMPLEMENTATION AND ADMINISTRATION OF THE
1885-COMPACT. PROVISIONS OF THE COMPACT EXPRESSLY AUTHORIZING
1886-OR REQUIRING THE PROMULGATION OF
1887-RULES SHALL NOT BE
1888-CONSTRUED TO LIMIT THE
1889-COMMISSION'S RULEMAKING AUTHORITY
1890-SOLELY FOR THOSE PURPOSES
1891-.
1892-B. T
1893-HE PROVISIONS OF THIS COMPACT SHALL BE SEVERABLE AND IF ANY
1894-PHRASE
1895-, CLAUSE, SENTENCE, OR PROVISION OF THIS COMPACT IS
1896-HELD BY A COURT OF COMPETENT JURISDICTION TO BE CONTRARY TO
1897-THE CONSTITUTION OF ANY
1898-MEMBER STATE, OF A STATE SEEKING
1899-PARTICIPATION IN THE
1900-COMPACT, OR OF THE UNITED STATES, OR THE
1901-APPLICABILITY THEREOF TO ANY GOVERNMENT
1902-, AGENCY, PERSON, OR
1903-CIRCUMSTANCE IS HELD TO BE UNCONSTITUTIONAL BY A COURT OF
1904-COMPETENT JURISDICTION
1905-, THE VALIDITY OF THE REMAINDER OF THIS
1906-COMPACT AND THE APPLICABILITY THEREOF TO ANY OTHER
1907-GOVERNMENT
1908-, AGENCY, PERSON, OR CIRCUMSTANCE SHALL NOT BE
1909-AFFECTED THEREBY
1910-.
1911-C. N
1912-OTWITHSTANDING ARTICLE 14.B, THE COMMISSION MAY DENY A
1913-STATE'S PARTICIPATION IN THE COMPACT OR, IN ACCORDANCE WITH
1914-THE REQUIREMENTS OF
1915-ARTICLE 12, TERMINATE A MEMBER STATE'S
1916-PARTICIPATION IN THE
1917-COMPACT, IF IT DETERMINES THAT A
1918-CONSTITUTIONAL REQUIREMENT OF A
1919-MEMBER STATE IS A MATERIAL
1920-DEPARTURE FROM THE
1921-COMPACT. OTHERWISE, IF THIS COMPACT IS
1922-HELD TO BE CONTRARY TO THE CONSTITUTION OF ANY
1923-MEMBER
1924-STATE, THE COMPACT REMAINS IN FULL FORCE AND EFFECT AS TO
1925-THE REMAINING
1926-MEMBER STATES AND IN FULL FORCE AND EFFECT AS
1927-TO THE
1928-MEMBER STATE AFFECTED AS TO ALL SEVERABLE MATTERS .
1929-ARTICLE 15 - CONSISTENT EFFECT AND CONFLICT
1930-WITH OTHER STATE LAWS
1931-A. N
1932-OTHING HEREIN PREVENTS OR INHIBITS THE ENFORCEMENT OF ANY
1933-OTHER LAW OF A
1934-MEMBER STATE THAT IS NOT INCONSISTENT WITH
1935-THE
1936-COMPACT.
1937-B. A
1938-NY LAWS, STATUTES, REGULATIONS, OR OTHER LEGAL
1939-REQUIREMENTS IN A
1940-MEMBER STATE IN CONFLICT WITH THE
1941-PAGE 37-HOUSE BILL 24-1111 COMPACT ARE SUPERSEDED TO THE EXTENT OF THE CONFLICT .
1800+OMPACT ARE SUPERSEDED TO THE EXTENT OF THE CONFLICT .3
19421801 C. A
1943-LL PERMISSIBLE AGREEMENTS BETWEEN THE COMMISSION AND THE
1944-MEMBER STATES ARE BINDING IN ACCORDANCE WITH THEIR TERMS .
1945-24-60-4902. Construction of terms. (1) A
1946-S USED IN THIS PART 49,
1947-UNLESS THE CONTEXT OTHERWISE REQUIRES :
1802+LL PERMISSIBLE AGREEMENTS BETWEEN THE COMMISSION AND4
1803+THE MEMBER STATES ARE BINDING IN ACCORDANCE WITH THEIR5
1804+TERMS.6
1805+24-60-4502. Construction of terms. (1) A
1806+S USED IN THIS PART7
1807+45,
1808+ UNLESS THE CONTEXT OTHERWISE REQUIRES :8
19481809 (a) "L
1949-ICENSEE" MEANS, WITH RESPECT TO COLORADO, A
1950-COSMETOLOGIST HOLDING AN UNRESTRICTED LICENSE ISSUED BY THE
1951-DIRECTOR OF THE DIVISION OF PROFESSIONS AND OCCUPATIONS IN THE
1952-DEPARTMENT OF REGULATORY AGENCIES PURSUANT TO ARTICLE
1953-105 OF
1954-TITLE
1955-12.
1810+ICENSEE" MEANS, WITH RESPECT TO COLORADO, A9
1811+COSMETOLOGIST HOLDING AN UNRESTRICTED LICENSE ISSUED BY THE10
1812+DIRECTOR OF THE DIVISION OF PROFESSIONS AND OCCUPATIONS IN THE11
1813+DEPARTMENT OF REGULATORY AGENCIES PURSUANT TO ARTICLE 105 OF12
1814+TITLE 12.13
19561815 (b) "S
1957-TATE LICENSING AUTHORITY " MEANS, WITH RESPECT TO
1958-COLORADO, THE DIRECTOR OF THE DIVISION OF PROFESSIONS AND
1959-OCCUPATIONS CREATED IN THE DEPARTMENT OF REGULATORY AGENCIES
1960-PURSUANT TO SECTION
1961-12-20-103.
1962-24-60-4903. Notice to revisor of statutes - effective date of
1816+TATE LICENSING AUTHORITY" MEANS, WITH RESPECT TO14
1817+C
1818+OLORADO, THE DIRECTOR OF THE DIVISION OF PROFESSIONS AND15
1819+OCCUPATIONS CREATED IN THE DEPARTMENT OF REGULATORY AGENCIES16
1820+PURSUANT TO SECTION 12-20-103.17
1821+24-60-4503. Notice to revisor of statutes - effective date of18
19631822 compact. T
1964-HIS ARTICLE 49 WILL TAKE EFFECT ON THE DATE THE COMPACT
1965-IS ENACTED INTO LAW IN THE SEVENTH COMPACT STATE
1966-. THE DIRECTOR OF
1967-THE DIVISION OF PROFESSIONS AND OCCUPATIONS IN THE DEPARTMENT OF
1968-REGULATORY AGENCIES SHALL NOTIFY THE REVISOR OF STATUTES IN
1969-WRITING WHEN THE CONDITION SPECIFIED IN THIS SECTION HAS OCCURRED
1970-BY E
1971--MAILING THE NOTICE TO REVISOROFSTATUTES .GA@COLEG.GOV. THIS
1972-PART
1973-49 TAKES EFFECT UPON THE DATE IDENTIFIED IN THE NOTICE THAT THE
1974-COMPACT IS ENACTED INTO LAW IN THE SEVENTH COMPACT STATE OR UPON
1975-THE DATE OF THE NOTICE TO THE REVISOR OF STATUTES IF THE NOTICE DOES
1976-NOT SPECIFY A DIFFERENT DATE
1977-.
1978-SECTION 2. In Colorado Revised Statutes, add 12-105-125.5 as
1979-follows:
1980-12-105-125.5. Interstate compact for cosmetologists - powers
1823+HIS ARTICLE 45 WILL TAKE EFFECT ON THE DATE THE COMPACT19
1824+IS ENACTED INTO LAW IN THE SEVENTH COMPACT STATE . THE DIRECTOR OF20
1825+THE DIVISION OF PROFESSIONS AND OCCUPATIONS IN THE DEPARTMENT OF21
1826+REGULATORY AGENCIES SHALL NOTIFY THE REVISOR OF STATUTES IN22
1827+WRITING WHEN THE CONDITION SPECIFIED IN THIS SECTION HAS OCCURRED23
1828+BY E-MAILING THE NOTICE TO REVISOROFSTATUTES .GA@COLEG.GOV. THIS24
1829+PART 45 TAKES EFFECT UPON THE DATE IDENTIFIED IN THE NOTICE THAT25
1830+THE COMPACT IS ENACTED INTO LAW IN THE SEVENTH COMPACT STATE OR26
1831+UPON THE DATE OF THE NOTICE TO THE REVISOR OF STATUTES IF THE27
1832+1111
1833+-48- NOTICE DOES NOT SPECIFY A DIFFERENT DATE .1
1834+SECTION 2. In Colorado Revised Statutes, add 12-105-125.5 as2
1835+follows:3
1836+12-105-125.5. Interstate compact for cosmetologists - powers4
19811837 and duties - rules - definitions. (1) A
1982-S USED IN THIS SECTION:
1838+S USED IN THIS SECTION:5
19831839 (a) "A
1984-DVERSE ACTION" HAS THE MEANING SET FORTH IN ARTICLE 2
1985-OF SECTION 24-60-4901.
1986-PAGE 38-HOUSE BILL 24-1111 (b) "BACKGROUND CHECK" HAS THE MEANING SET FORTH IN ARTICLE
1987-2 OF SECTION 24-60-4901.
1840+DVERSE ACTION" HAS THE MEANING SET FORTH IN ARTICLE6
1841+2
1842+ OF SECTION 24-60-4501.7
1843+(b) "B
1844+ACKGROUND CHECK " HAS THE MEANING SET FORTH IN8
1845+ARTICLE 2 OF SECTION 24-60-4501.9
19881846 (c) "C
1989-OMMISSION" MEANS THE COSMETOLOGY LICENSURE COMPACT
1990-COMMISSION ESTABLISHED IN ARTICLE
1991-9 OF SECTION 24-60-4901.
1847+OMMISSION" MEANS THE COSMETOLOGY LICENSURE10
1848+COMPACT COMMISSION ESTABLISHED IN ARTICLE 9 OF SECTION11
1849+24-60-4501.12
19921850 (d) "C
1993-OMPACT" MEANS THE COSMETOLOGY LICENSURE COMPACT
1994-AUTHORIZED IN PART
1995-49 OF ARTICLE 60 OF TITLE 24.
1851+OMPACT" MEANS THE COSMETOLOGY LICENSURE COMPACT13
1852+AUTHORIZED IN PART 45 OF ARTICLE 60 OF TITLE 24.14
19961853 (e) "C
1997-URRENT SIGNIFICANT INVESTIGATIVE INFORMATION " HAS THE
1998-MEANING SET FORTH IN ARTICLE
1999-2 OF SECTION 24-60-4901.
1854+URRENT SIGNIFICANT INVESTIGATIVE INFORMATION " HAS15
1855+THE MEANING SET FORTH IN ARTICLE 2 OF SECTION 24-60-4501.16
20001856 (f) "D
2001-ATA SYSTEM" HAS THE MEANING SET FORTH IN ARTICLE 2 OF
2002-SECTION
2003-24-60-4901.
1857+ATA SYSTEM" HAS THE MEANING SET FORTH IN ARTICLE 2 OF17
1858+SECTION 24-60-4501.18
20041859 (g) "I
2005-NVESTIGATIVE INFORMATION" HAS THE MEANING SET FORTH IN
2006-ARTICLE
2007-2 OF SECTION 24-60-4901.
1860+NVESTIGATIVE INFORMATION" HAS THE MEANING SET FORTH19
1861+IN ARTICLE 2 OF SECTION 24-60-4501.20
20081862 (h) "M
2009-EMBER STATE" MEANS A STATE THAT HAS ENACTED THE
2010-COMPACT
2011-.
1863+EMBER STATE" MEANS A STATE THAT HAS ENACTED THE21
1864+COMPACT.22
20121865 (i) "M
2013-ULTISTATE LICENSE" HAS THE MEANING SET FORTH IN ARTICLE
2014-2 OF SECTION 24-60-4901.
1866+ULTISTATE LICENSE" HAS THE MEANING SET FORTH IN23
1867+ARTICLE 2 OF SECTION 24-60-4501.24
20151868 (2) I
2016-N ADDITION TO ANY POWERS AND DUTIES SPECIFIED IN THE
2017-COMPACT FOR MEMBER STATES
2018-, THE DIRECTOR HAS THE FOLLOWING POWERS
2019-AND DUTIES WITH REGARD TO THE COMPACT
2020-:
2021-(a) T
2022-O FACILITATE COLORADO'S PARTICIPATION IN THE COMPACT;
1869+N ADDITION TO ANY POWERS AND DUTIES SPECIFIED IN THE25
1870+COMPACT FOR MEMBER STATES , THE DIRECTOR HAS THE FOLLOWING26
1871+POWERS AND DUTIES WITH REGARD TO THE COMPACT :27
1872+1111
1873+-49- (a) TO FACILITATE COLORADO'S PARTICIPATION IN THE COMPACT;1
20231874 (b) T
2024-O COMPLY WITH THE RULES OF THE COMMISSION ;
1875+O COMPLY WITH THE RULES OF THE COMMISSION ;2
20251876 (c) T
2026-O PROMULGATE RULES IN ACCORDANCE WITH ARTICLE 4 OF
2027-TITLE
2028-24 AS NECESSARY FOR THE IMPLEMENTATION , ADMINISTRATION, AND
2029-ENFORCEMENT OF THE COMPACT
2030-;
1877+O PROMULGATE RULES IN ACCORDANCE WITH ARTICLE 4 OF3
1878+TITLE 24 AS NECESSARY FOR THE IMPLEMENTATION , ADMINISTRATION,4
1879+AND ENFORCEMENT OF THE COMPACT ;5
20311880 (d) T
2032-O SERVE, OR TO DESIGNATE ANOTHER INDIVIDUAL TO SERVE , AS
2033-A DELEGATE ON AND ATTEND M EETINGS OF THE COMMISSION IN
2034-ACCORDANCE WITH THE TERMS OF THE COMPACT
2035-;
2036-PAGE 39-HOUSE BILL 24-1111 (e) TO NOTIFY THE COMMISSION, IN COMPLIANCE WITH THE TERMS OF
2037-THE COMPACT AND COMMISSION RULES
2038-, OF ANY ADVERSE ACTION OR THE
2039-AVAILABILITY OF INVESTIGATIVE INFORMATION
2040-, INCLUDING CURRENT
2041-SIGNIFICANT INVESTIGATIVE INFORMATION
2042-, REGARDING A LICENSEE;
1881+O SERVE, OR TO DESIGNATE ANOTHER INDIVIDUAL TO SERVE ,6
1882+AS A DELEGATE ON AND ATTEND MEETINGS OF THE COMMISSION IN7
1883+ACCORDANCE WITH THE TERMS OF THE COMPACT ;8
1884+(e) T
1885+O NOTIFY THE COMMISSION, IN COMPLIANCE WITH THE TERMS9
1886+OF THE COMPACT AND COMMISSION RULES , OF ANY ADVERSE ACTION OR10
1887+THE AVAILABILITY OF INVESTIGATIVE INFORMATION , INCLUDING CURRENT11
1888+SIGNIFICANT INVESTIGATIVE INFORMATION , REGARDING A LICENSEE;12
20431889 (f) T
2044-O IMPLEMENT PROCEDURES FOR CONSIDERING ONE OR MORE OF
2045-THE FOLLOWING CATEGORIES OF INFORMATION FROM APPLICANTS FOR
2046-LICENSURE
2047-: CRIMINAL HISTORY, DISCIPLINARY HISTORY, OR BACKGROUND
2048-CHECK
2049-;
1890+O IMPLEMENT PROCEDURES FOR CONSIDERING ONE OR MORE13
1891+OF THE FOLLOWING CATEGORIES OF INFORMATION FROM APPLICANTS FOR14
1892+LICENSURE: CRIMINAL HISTORY, DISCIPLINARY HISTORY, OR BACKGROUND15
1893+CHECK;16
20501894 (g) T
2051-O GRANT A MULTISTATE LICENSE TO A LICENSEE IN
2052-ACCORDANCE WITH THE TERMS OF THE COMPACT AND TO CHARGE A FEE TO
2053-INDIVIDUALS APPLYING FOR THE MULTISTATE LICENSE
2054-;
1895+O GRANT A MULTISTATE LICENSE TO A LICENSEE IN17
1896+ACCORDANCE WITH THE TERMS OF THE COMPACT AND TO CHARGE A FEE18
1897+TO INDIVIDUALS APPLYING FOR THE MULTISTATE LICENSE ;19
20551898 (h) T
2056-O PARTICIPATE FULLY IN THE DATA SYSTEM CONSISTENT WITH
2057-THE COMPACT REQUIREMENTS AND THE RULES OF THE COMMISSION
2058-; AND
2059-(i) TO APPROVE PAYMENT OF ASSESSMENTS LEVIED BY THE
2060-COMMISSION TO COVER THE COST OF OPERATIONS AND ACTIVITIES OF THE
2061-COMMISSION AND ITS STAFF
2062-.
2063-SECTION 3. Appropriation. (1) For the 2024-25 state fiscal year,
2064-$104,620 is appropriated to the department of regulatory agencies for use
2065-by the division of professions and occupations. This appropriation is from
2066-the division of professions and occupations cash fund created in section
2067-12-20-105 (3), C.R.S. To implement this act, the division may use this
2068-appropriation as follows:
2069-(a) $61,670 for personal services, which amount is based on an
2070-assumption that the division will require an additional 1.0 FTE;
2071-(b) $7,950 for operating expenses; and
2072-(c) $35,000 for the purchase of information technology services.
2073-(2) For the 2024-25 state fiscal year, $35,000 is appropriated to the
2074-office of the governor for use by the office of information technology. This
2075-appropriation is from reappropriated funds received from the department of
2076-regulatory agencies under subsection (1)(c) of this section. To implement
2077-this act, the office may use this appropriation to provide information
2078-PAGE 40-HOUSE BILL 24-1111 technology services for the department of regulatory agencies.
2079-SECTION 4. Act subject to petition - effective date. This act
2080-takes effect at 12:01 a.m. on the day following the expiration of the
2081-ninety-day period after final adjournment of the general assembly; except
2082-that, if a referendum petition is filed pursuant to section 1 (3) of article V
2083-of the state constitution against this act or an item, section, or part of this act
2084-within such period, then the act, item, section, or part will not take effect
2085-unless approved by the people at the general election to be held in
2086-PAGE 41-HOUSE BILL 24-1111 November 2024 and, in such case, will take effect on the date of the official
2087-declaration of the vote thereon by the governor.
2088-____________________________ ____________________________
2089-Julie McCluskie Steve Fenberg
2090-SPEAKER OF THE HOUSE PRESIDENT OF
2091-OF REPRESENTATIVES THE SENATE
2092-____________________________ ____________________________
2093-Robin Jones Cindi L. Markwell
2094-CHIEF CLERK OF THE HOUSE SECRETARY OF
2095-OF REPRESENTATIVES THE SENATE
2096- APPROVED________________________________________
2097- (Date and Time)
2098- _________________________________________
2099- Jared S. Polis
2100- GOVERNOR OF THE STATE OF COLORADO
2101-PAGE 42-HOUSE BILL 24-1111
1899+O PARTICIPATE FULLY IN THE DATA SYSTEM CONSISTENT WITH20
1900+THE COMPACT REQUIREMENTS AND THE RULES OF THE COMMISSION ; AND21
1901+(i) T
1902+O APPROVE PAYMENT OF ASSESSMENTS LEVIED BY THE22
1903+COMMISSION TO COVER THE COST OF OPERATIONS AND ACTIVITIES OF THE23
1904+COMMISSION AND ITS STAFF.24
1905+SECTION 3. Appropriation. (1) For the 2024-25 state fiscal25
1906+year, $104,620 is appropriated to the department of regulatory agencies26
1907+for use by the division of professions and occupations. This appropriation27
1908+1111
1909+-50- is from the division of professions and occupations cash fund created in1
1910+section 12-20-105 (3), C.R.S. To implement this act, the division may use2
1911+this appropriation as follows:3
1912+(a) $61,670 for personal services, which amount is based on an4
1913+assumption that the division will require an additional 1.0 FTE;5
1914+(b) $7,950 for operating expenses; and6
1915+(c) $35,000 for the purchase of information technology services.7
1916+(2) For the 2024-25 state fiscal year, $35,000 is appropriated to8
1917+the office of the governor for use by the office of information technology.9
1918+This appropriation is from reappropriated funds received from the10
1919+department of regulatory agencies under subsection (1)(c) of this section.11
1920+To implement this act, the office may use this appropriation to provide12
1921+information technology services for the department of regulatory13
1922+agencies.14
1923+SECTION 4. Act subject to petition - effective date. This act15
1924+takes effect at 12:01 a.m. on the day following the expiration of the16
1925+ninety-day period after final adjournment of the general assembly; except17
1926+that, if a referendum petition is filed pursuant to section 1 (3) of article V18
1927+of the state constitution against this act or an item, section, or part of this19
1928+act within such period, then the act, item, section, or part will not take20
1929+effect unless approved by the people at the general election to be held in21
1930+November 2024 and, in such case, will take effect on the date of the22
1931+official declaration of the vote thereon by the governor.23
1932+1111
1933+-51-