HOUSE BILL 24-1111
BY REPRESENTATIVE(S) Martinez and Wilson, Duran, Jodeh, Kipp,
Lindsay, Lindstedt, Lukens, Marshall, Mauro, McCormick, Ricks, Snyder,
Valdez, McCluskie;
also SENATOR(S) Pelton B., Bridges, Buckner, Fields, Hansen, Kolker,
Michaelson Jenet, Priola, Smallwood, Van Winkle.
C
ONCERNING THE ADOPTION OF THE COSMETOLOGY LICENSURE COMPACT ,
AND, IN CONNECTION THEREWITH, MAKING AN APPROPRIATION.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, add part 49 to article
60 of title 24 as follows:
PART 49
COSMETOLOGY LICENSURE COMPACT
24-60-4901. Compact approved and ratified. T
HE GENERAL
ASSEMBLY APPROVES AND RATIFIES
, AND THE GOVERNOR SHALL ENTER INTO,
A COMPACT ON BEHALF OF THE STATE OF COLORADO AND ANY OF THE
UNITED STATES OR OTHER JURISDICTIONS LEGALLY JOINING IN THE COMPACT
IN THE FORM SUBSTANTIALLY AS FOLLOWS
:
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. ARTICLE 1 - PURPOSE
T
HE PURPOSE OF THIS COMPACT IS TO FACILITATE THE INTERSTATE PRACTICE
AND REGULATION OF
COSMETOLOGY WITH THE GOAL OF IMPROVING PUBLIC
ACCESS TO
, AND THE SAFETY OF, COSMETOLOGY SERVICES AND REDUCING
UNNECESSARY BURDENS RELATED TO
COSMETOLOGY LICENSURE. THROUGH
THIS
COMPACT, THE MEMBER STATES SEEK TO ESTABLISH A REGULATORY
FRAMEWORK WHICH PROVIDES FOR A NEW MULTISTATE LICENSING
PROGRAM
. THROUGH THIS NEW LICENSING PROGRAM , THE MEMBER STATES
SEEK TO PROVIDE INCREASED VALUE AND MOBILITY TO LICENSED
COSMETOLOGISTS IN THE MEMBER STATES, WHILE ENSURING THE PROVISION
OF SAFE
, EFFECTIVE, AND RELIABLE SERVICES TO THE PUBLIC.
T
HIS COMPACT IS DESIGNED TO ACHIEVE THE FOLLOWING OBJECTIVES , AND
THE
MEMBER STATES HEREBY RATIFY THE SAME INTENTIONS BY
SUBSCRIBING HERETO
:
A. P
ROVIDE OPPORTUNITIES FOR INTERSTATE PRACTICE BY
COSMETOLOGISTS WHO MEET UNIFORM REQUIREMENTS FOR
MULTISTATE LICENSURE
;
B. E
NHANCE THE ABILITIES OF MEMBER STATES TO PROTECT PUBLIC
HEALTH AND SAFETY AND PREVENT FRAUD AND UNLICENSED
ACTIVITY WITHIN THE PROFESSION
;
C. E
NSURE AND ENCOURAGE COOPERATION BETWEEN MEMBER STATES
IN THE LICENSURE AND REGULATION OF THE
PRACTICE OF
COSMETOLOGY;
D. S
UPPORT RELOCATING MILITARY MEMBERS AND THEIR SPOUSES ;
E. F
ACILITATE THE EXCHANGE OF INFORMATION BETWEEN MEMBER
STATES RELATED TO THE LICENSURE , INVESTIGATION, AND
DISCIPLINE OF THE
PRACTICE OF COSMETOLOGY;
F. P
ROVIDE FOR THE LICENSURE AND MOBILITY OF THE WORKFORCE IN
THE PROFESSION
, WHILE ADDRESSING THE SHORTAGE OF WORKERS
AND LESSENING THE ASSOCIATED BURDENS ON THE
MEMBER STATES.
PAGE 2-HOUSE BILL 24-1111 ARTICLE 2 - DEFINITIONS
A
S USED IN THIS COMPACT, AND EXCEPT AS OTHERWISE PROVIDED , THE
FOLLOWING DEFINITIONS SHALL GOVERN THE TERMS HEREIN
:
A. "A
CTIVE MILITARY MEMBER" MEANS ANY PERSON WITH FULL-TIME
DUTY STATUS IN THE ARMED FORCES OF THE
UNITED STATES,
INCLUDING MEMBERS OF THE NATIONAL GUARD AND RESERVE.
B. "A
DVERSE ACTION" MEANS ANY ADMINISTRATIVE, CIVIL, EQUITABLE,
OR CRIMINAL ACTION PERMITTED BY A MEMBER STATE'S LAWS
WHICH IS IMPOSED BY A
STATE LICENSING AUTHORITY OR OTHER
REGULATORY BODY AGAINST A
COSMETOLOGIST, INCLUDING
ACTIONS AGAINST AN INDIVIDUAL
'S LICENSE OR AUTHORIZATION TO
PRACTICE SUCH AS REVOCATION , SUSPENSION, PROBATION,
MONITORING OF THE LICENSEE, LIMITATION OF THE LICENSEE'S
PRACTICE
, OR ANY OTHER ENCUMBRANCE ON A LICENSE AFFECTING
AN INDIVIDUAL
'S ABILITY TO PARTICIPATE IN THE COSMETOLOGY
INDUSTRY
, INCLUDING THE ISSUANCE OF A CEASE AND DESIST ORDER.
C. "A
LTERNATIVE PROGRAM" MEANS A NON-DISCIPLINARY MONITORING
OR PROSECUTORIAL DIVERSION PROGRAM APPROVED BY A
MEMBER
STATE'S STATE LICENSING AUTHORITY.
D. "A
UTHORIZATION TO PRACTICE" MEANS A LEGAL AUTHORIZATION
ASSOCIATED WITH A
MULTISTATE LICENSE PERMITTING THE
PRACTICE OF COSMETOLOGY IN THAT REMOTE STATE, WHICH IS
SUBJECT TO THE ENFORCEMENT JURISDICTION OF THE
STATE
LICENSING AUTHORITY IN THAT REMOTE STATE.
E. "B
ACKGROUND CHECK" MEANS THE SUBMISSION OF INFORMATION
FOR AN APPLICANT FOR THE PURPOSE OF OBTAINING THAT
APPLICANT
'S CRIMINAL HISTORY RECORD INFORMATION , AS FURTHER
DEFINED IN
28 CFR 20.3 (d), FROM THE FEDERAL BUREAU OF
INVESTIGATION AND THE AGENCY RESPONSIBLE FOR RETAINING
STATE CRIMINAL OR DISCIPLINARY HISTORY IN THE APPLICANT 'S
HOME STATE.
F. "C
HARTER MEMBER STATE" MEANS MEMBER STATES THAT HAVE
ENACTED LEGISLATION TO ADOPT THIS
COMPACT WHERE SUCH
PAGE 3-HOUSE BILL 24-1111 LEGISLATION PREDATES THE EFFECTIVE DATE OF THIS COMPACT AS
DEFINED IN
ARTICLE 13.
G. "C
OMMISSION" MEANS THE GOVERNMENT AGENCY IN WHICH
MEMBERSHIP CONSISTS OF ALL
STATES THAT HAVE ENACTED THIS
COMPACT, WHICH IS KNOWN AS THE COSMETOLOGY LICENSURE
COMPACT COMMISSION, AS DEFINED IN ARTICLE 9, AND WHICH SHALL
OPERATE AS AN INSTRUMENTALITY OF THE
MEMBER STATES.
H. "C
OSMETOLOGIST" MEANS AN INDIVIDUAL LICENSED IN THEIR HOME
STATE TO PRACTICE COSMETOLOGY.
I. "C
OSMETOLOGY", "COSMETOLOGY SERVICES", AND THE "PRACTICE
OF
COSMETOLOGY" MEAN THE CARE AND SERVICES PROVIDED BY A
COSMETOLOGIST AS SET FORTH IN THE MEMBER STATE'S STATUTES
AND REGULATIONS IN THE
STATE WHERE THE SERVICES ARE BEING
PROVIDED
.
J. "C
URRENT SIGNIFICANT INVESTIGATIVE INFORMATION" MEANS:
1. I
NVESTIGATIVE INFORMATION THAT A STATE LICENSING
AUTHORITY, AFTER AN INQUIRY OR INVESTIGATION THAT
COMPLIES WITH A
MEMBER STATE'S DUE PROCESS
REQUIREMENTS
, HAS REASON TO BELIEVE IS NOT GROUNDLESS
AND
, IF PROVED TRUE, WOULD INDICATE A VIOLATION OF THAT
STATE'S LAWS REGARDING FRAUD OR THE PRACTICE OF
COSMETOLOGY; OR
2. INVESTIGATIVE INFORMATION THAT INDICATES THAT A
LICENSEE HAS ENGAGED IN FRAUD OR REPRESENTS AN
IMMEDIATE THREAT TO PUBLIC HEALTH AND SAFETY
,
REGARDLESS OF WHETHER THE LICENSEE HAS BEEN NOTIFIED
AND HAD AN OPPORTUNITY TO RESPOND
.
K. "D
ATA SYSTEM" MEANS A REPOSITORY OF INFORMATION ABOUT
LICENSEES, INCLUDING, BUT NOT LIMITED TO, LICENSE STATUS,
I
NVESTIGATIVE INFORMATION, AND ADVERSE ACTIONS.
L. "D
ISQUALIFYING EVENT" MEANS ANY EVENT THAT DISQUALIFIES AN
INDIVIDUAL FROM HOLDING A
MULTISTATE LICENSE UNDER THIS
PAGE 4-HOUSE BILL 24-1111 COMPACT, WHICH THE COMMISSION MAY BY RULE OR ORDER
SPECIFY
.
M. "E
NCUMBERED LICENSE" MEANS A LICENSE IN WHICH AN ADVERSE
ACTION RESTRICTS THE PRACTICE OF COSMETOLOGY BY A LICENSEE,
OR WHERE SAID ADVERSE ACTION HAS BEEN REPORTED TO THE
COMMISSION.
N. "E
NCUMBRANCE" MEANS A REVOCATION OR SUSPENSION OF, OR ANY
LIMITATION ON
, THE FULL AND UNRESTRICTED PRACTICE OF
COSMETOLOGY BY A STATE LICENSING AUTHORITY.
O. "E
XECUTIVE COMMITTEE" MEANS A GROUP OF DELEGATES ELECTED
OR APPOINTED TO ACT ON BEHALF OF
, AND WITHIN THE POWERS
GRANTED TO THEM BY
, THE COMMISSION.
P. "H
OME STATE" MEANS THE MEMBER STATE WHICH IS A LICENSEE'S
PRIMARY
STATE OF RESIDENCE, AND WHERE THAT LICENSEE HOLDS
AN ACTIVE AND UNENCUMBERED LICENSE TO PRACTICE
COSMETOLOGY.
Q. "I
NVESTIGATIVE INFORMATION" MEANS INFORMATION, RECORDS, OR
DOCUMENTS RECEIVED OR GENERATED BY A
STATE LICENSING
AUTHORITY PURSUANT TO AN INVESTIGATION OR OTHER INQUIRY .
R. "J
URISPRUDENCE REQUIREMENT" MEANS THE ASSESSMENT OF AN
INDIVIDUAL
'S KNOWLEDGE OF THE LAWS AND RULES GOVERNING THE
PRACTICE OF COSMETOLOGY IN A STATE.
S. "L
ICENSEE" MEANS AN INDIVIDUAL WHO CURRENTLY HOLDS A
LICENSE FROM A
MEMBER STATE TO PRACTICE AS A COSMETOLOGIST.
T. "M
EMBER STATE" MEANS ANY STATE THAT HAS ADOPTED THIS
COMPACT.
U. "M
ULTISTATE LICENSE" MEANS A LICENSE ISSUED BY AND SUBJECT
TO THE ENFORCEMENT JURISDICTION OF THE
STATE LICENSING
AUTHORITY IN A LICENSEE'S HOME STATE, WHICH AUTHORIZES THE
PRACTICE OF COSMETOLOGY IN MEMBER STATES AND INCLUDES
AUTHORIZATIONS TO PRACTICE COSMETOLOGY IN ALL REMOTE
PAGE 5-HOUSE BILL 24-1111 STATES PURSUANT TO THIS COMPACT.
V. "R
EMOTE STATE" MEANS ANY MEMBER STATE, OTHER THAN THE
LICENSEE'S HOME STATE.
W. "R
ULE" MEANS ANY RULE OR REGULATION PROMULGATED BY THE
COMMISSION UNDER THIS COMPACT WHICH HAS THE FORCE OF LAW .
X. "S
INGLE-STATE LICENSE" MEANS A COSMETOLOGY LICENSE ISSUED
BY A
MEMBER STATE THAT AUTHORIZES PRACTICE OF COSMETOLOGY
ONLY WITHIN THE ISSUING
STATE AND DOES NOT INCLUDE ANY
AUTHORIZATION OUTSIDE OF THE ISSUING
STATE.
Y. "S
TATE" MEANS A STATE, TERRITORY, OR POSSESSION OF THE UNITED
STATES AND THE DISTRICT OF COLUMBIA.
Z. "S
TATE LICENSING AUTHORITY" MEANS A MEMBER STATE'S
REGULATORY BODY RESPONSIBLE FOR ISSUING
COSMETOLOGY
LICENSES OR OTHERWISE OVERSEEING THE
PRACTICE OF
COSMETOLOGY IN THAT STATE.
ARTICLE 3 - MEMBER STATE REQUIREMENTS
A. T
O BE ELIGIBLE TO JOIN THIS COMPACT AND TO MAINTAIN
ELIGIBILITY AS A
MEMBER STATE, A STATE MUST:
1. L
ICENSE AND REGULATE COSMETOLOGY;
2. H
AVE A MECHANISM OR ENTITY IN PLACE TO RECEIVE AND
INVESTIGATE COMPLAINTS ABOUT
LICENSEES PRACTICING IN
THAT
STATE;
3. R
EQUIRE THAT LICENSEES WITHIN THE STATE PASS A
COSMETOLOGY COMPETENCY EXAMINATION PRIOR TO BEING
LICENSED TO PROVIDE
COSMETOLOGY SERVICES TO THE
PUBLIC IN THAT
STATE;
4. R
EQUIRE THAT LICENSEES SATISFY EDUCATIONAL OR
TRAINING REQUIREMENTS IN
COSMETOLOGY PRIOR TO BEING
LICENSED TO PROVIDE
COSMETOLOGY SERVICES TO THE
PAGE 6-HOUSE BILL 24-1111 PUBLIC IN THAT STATE;
5. I
MPLEMENT PROCEDURES FOR CONSIDERING ONE OR MORE OF
THE FOLLOWING CATEGORIES OF INFORMATION FROM
APPLICANTS FOR LICENSURE
: CRIMINAL HISTORY ,
DISCIPLINARY HISTORY, OR BACKGROUND CHECK. SUCH
PROCEDURES MAY INCLUDE THE SUBMISSION OF INFORMATION
BY APPLICANTS FOR THE PURPOSE OF OBTAINING AN
APPLICANT
'S BACKGROUND CHECK AS DEFINED HEREIN;
6. P
ARTICIPATE IN THE DATA SYSTEM, INCLUDING THROUGH THE
USE OF UNIQUE IDENTIFYING NUMBERS
;
7. S
HARE INFORMATION RELATED TO ADVERSE ACTIONS WITH
THE
COMMISSION AND OTHER MEMBER STATES, BOTH
THROUGH THE
DATA SYSTEM AND OTHERWISE;
8. N
OTIFY THE COMMISSION AND OTHER MEMBER STATES, IN
COMPLIANCE WITH THE TERMS OF THE
COMPACT AND RULES
OF THE
COMMISSION, OF THE EXISTENCE OF INVESTIGATIVE
INFORMATION OR CURRENT SIGNIFICANT INVESTIGATIVE
INFORMATION IN THE STATE'S POSSESSION REGARDING A
LICENSEE PRACTICING IN THAT STATE;
9. C
OMPLY WITH SUCH RULES AS MAY BE ENACTED BY THE
COMMISSION TO ADMINISTER THE COMPACT; AND
10. ACCEPT LICENSEES FROM OTHER MEMBER STATES AS
ESTABLISHED HEREIN
.
B. M
EMBER STATES MAY CHARGE A FEE FOR GRANTING A LICENSE TO
PRACTICE
COSMETOLOGY.
C. I
NDIVIDUALS NOT RESIDING IN A MEMBER STATE MAY APPLY FOR A
MEMBER STATE'S SINGLE-STATE LICENSE AS PROVIDED UNDER THE
LAWS OF EACH
MEMBER STATE. HOWEVER, THE SINGLE-STATE
LICENSE GRANTED TO THESE INDIVIDUALS SHALL NOT BE
RECOGNIZED AS GRANTING A
MULTISTATE LICENSE TO PROVIDE
SERVICES IN ANY OTHER
MEMBER STATE.
PAGE 7-HOUSE BILL 24-1111 D. NOTHING IN THIS COMPACT AFFECTS THE REQUIREMENTS
ESTABLISHED BY A
MEMBER STATE FOR THE ISSUANCE OF A
SINGLE-STATE LICENSE.
E. A
MULTISTATE LICENSE ISSUED TO A LICENSEE BY A HOME STATE TO
A RESIDENT OF THAT
STATE SHALL BE RECOGNIZED BY EACH
MEMBER STATE AS AUTHORIZING A LICENSEE TO PRACTICE
COSMETOLOGY IN EACH MEMBER STATE.
F. A
T NO POINT SHALL THE COMMISSION HAVE THE POWER TO DEFINE
THE EDUCATIONAL OR PROFESSIONAL REQUIREMENTS FOR A LICENSE
TO PRACTICE
COSMETOLOGY. THE MEMBER STATES SHALL RETAIN
SOLE JURISDICTION OVER THE PROVISION OF THESE REQUIREMENTS
.
ARTICLE 4 - MULTISTATE LICENSE
A. T
O BE ELIGIBLE TO APPLY TO THEIR HOME STATE'S STATE LICENSING
AUTHORITY FOR AN INITIAL MULTISTATE LICENSE UNDER THIS
COMPACT, A LICENSEE MUST HOLD AN ACTIVE AND UNENCUMBERED
SINGLE-STATE LICENSE TO PRACTICE COSMETOLOGY IN THEIR HOME
STATE.
B. U
PON THE RECEIPT OF AN APPLICATION FOR A MULTISTATE LICENSE,
ACCORDING TO THE RULES OF THE COMMISSION, A MEMBER STATE'S
STATE LICENSING AUTHORITY SHALL ASCERTAIN WHETHER THE
APPLICANT MEETS THE REQUIREMENTS FOR A
MULTISTATE LICENSE
UNDER THIS
COMPACT.
C. I
F AN APPLICANT MEETS THE REQUIREMENTS FOR A MULTISTATE
LICENSE UNDER THIS COMPACT AND ANY APPLICABLE RULES OF THE
COMMISSION, THE STATE LICENSING AUTHORITY IN RECEIPT OF THE
APPLICATION SHALL
, WITHIN A REASONABLE TIME , GRANT A
MULTISTATE LICENSE TO THAT APPLICANT , AND INFORM ALL
MEMBER STATES OF THE GRANT OF SAID MULTISTATE LICENSE.
D. A
MULTISTATE LICENSE TO PRACTICE COSMETOLOGY ISSUED BY A
MEMBER STATE'S STATE LICENSING AUTHORITY SHALL BE
RECOGNIZED BY EACH
MEMBER STATE AS AUTHORIZING THE
PRACTICE THEREOF AS THOUGH THAT
LICENSEE HELD A
SINGLE-STATE LICENSE TO DO SO IN EACH MEMBER STATE, SUBJECT
PAGE 8-HOUSE BILL 24-1111 TO THE RESTRICTIONS HEREIN.
E. A
MULTISTATE LICENSE GRANTED PURSUANT TO THIS COMPACT MAY
BE EFFECTIVE FOR A DEFINITE PERIOD OF TIME
, CONCURRENT WITH
THE LICENSURE RENEWAL PERIOD IN THE
HOME STATE.
F. T
O MAINTAIN A MULTISTATE LICENSE UNDER THIS COMPACT, A
LICENSEE MUST:
1. A
GREE TO ABIDE BY THE RULES OF THE STATE LICENSING
AUTHORITY, AND THE STATE SCOPE OF PRACTICE LAWS
GOVERNING THE
PRACTICE OF COSMETOLOGY, OF ANY
MEMBER STATE IN WHICH THE LICENSEE PROVIDES SERVICES;
2. P
AY ALL REQUIRED FEES RELATED TO THE APPLICATION AND
PROCESS
, AND ANY OTHER FEES WHICH THE COMMISSION MAY
BY
RULE REQUIRE; AND
3. COMPLY WITH ANY AND ALL OTHER REQUIREMENTS
REGARDING
MULTISTATE LICENSES WHICH THE COMMISSION
MAY BY
RULE PROVIDE.
G. A
LICENSEE PRACTICING IN A MEMBER STATE IS SUBJECT TO ALL
SCOPE OF PRACTICE LAWS GOVERNING
COSMETOLOGY SERVICES IN
THAT
STATE.
H. T
HE PRACTICE OF COSMETOLOGY UNDER A MULTISTATE LICENSE
GRANTED PURSUANT TO THIS
COMPACT WILL SUBJECT THE LICENSEE
TO THE JURISDICTION OF THE
STATE LICENSING AUTHORITY, THE
COURTS
, AND THE LAWS OF THE MEMBER STATE IN WHICH THE
COSMETOLOGY SERVICES ARE PROVIDED.
ARTICLE 5 - REISSUANCE OF A MULTISTATE LICENSE
BY A NEW HOME STATE
A. A
LICENSEE MAY HOLD A MULTISTATE LICENSE, ISSUED BY THEIR
HOME STATE, IN ONLY ONE MEMBER STATE AT ANY GIVEN TIME.
B. I
F A LICENSEE CHANGES THEIR HOME STATE BY MOVING BETWEEN
TWO
MEMBER STATES:
PAGE 9-HOUSE BILL 24-1111 1. THE LICENSEE SHALL IMMEDIATELY APPLY FOR THE
REISSUANCE OF THEIR
MULTISTATE LICENSE IN THEIR NEW
HOME STATE. THE LICENSEE SHALL PAY ALL APPLICABLE
FEES AND NOTIFY THE PRIOR
HOME STATE IN ACCORDANCE
WITH THE
RULES OF THE COMMISSION.
2. U
PON RECEIPT OF AN APPLICATION TO REISSUE A MULTISTATE
LICENSE, THE NEW HOME STATE SHALL VERIFY THAT THE
MULTISTATE LICENSE IS ACTIVE, UNENCUMBERED , AND
ELIGIBLE FOR REISSUANCE UNDER THE TERMS OF THE
COMPACT AND THE RULES OF THE COMMISSION. THE
MULTISTATE LICENSE ISSUED BY THE PRIOR HOME STATE
WILL BE DEACTIVATED AND ALL
MEMBER STATES NOTIFIED IN
ACCORDANCE WITH THE APPLICABLE
RULES ADOPTED BY THE
COMMISSION.
3. I
F REQUIRED FOR INITIAL LICENSURE, THE NEW HOME STATE
MAY REQUIRE A
BACKGROUND CHECK AS SPECIFIED IN THE
LAWS OF THAT
STATE, OR THE COMPLIANCE WITH ANY
JURISPRUDENCE REQUIREMENTS OF THE NEW HOME STATE.
4. N
OTWITHSTANDING ANY OTHER PROVISION OF THIS COMPACT,
IF A LICENSEE DOES NOT MEET THE REQUIREMENTS SET FORTH
IN THIS
COMPACT FOR THE REISSUANCE OF A MULTISTATE
LICENSE BY THE NEW HOME STATE, THEN THE LICENSEE IS
SUBJECT TO THE NEW
HOME STATE REQUIREMENTS FOR THE
ISSUANCE OF A
SINGLE-STATE LICENSE IN THAT STATE.
C. I
F A LICENSEE CHANGES THEIR PRIMARY STATE OF RESIDENCE BY
MOVING FROM A
MEMBER STATE TO A NON-MEMBER STATE, OR
FROM A NON
-MEMBER STATE TO A MEMBER STATE, THEN THE
LICENSEE IS SUBJECT TO THE STATE REQUIREMENTS FOR THE
ISSUANCE OF A
SINGLE-STATE LICENSE IN THE NEW HOME STATE.
D. N
OTHING IN THIS COMPACT INTERFERES WITH A LICENSEE'S ABILITY
TO HOLD A
SINGLE-STATE LICENSE IN MULTIPLE STATES; HOWEVER,
FOR THE PURPOSES OF THIS COMPACT, A LICENSEE SHALL HAVE ONLY
ONE
HOME STATE, AND ONLY ONE MULTISTATE LICENSE.
E. N
OTHING IN THIS COMPACT INTERFERES WITH THE REQUIREMENTS
PAGE 10-HOUSE BILL 24-1111 ESTABLISHED BY A MEMBER STATE FOR THE ISSUANCE OF A
SINGLE-STATE LICENSE.
ARTICLE 6 - AUTHORITY OF THE COMPACT
COMMISSION AND MEMBER
STATE LICENSING AUTHORITIES
A. N
OTHING IN THIS COMPACT, NOR ANY RULE OR REGULATION OF THE
COMMISSION, SHALL BE CONSTRUED TO LIMIT, RESTRICT, OR IN ANY
WAY REDUCE THE ABILITY OF A
MEMBER STATE TO ENACT AND
ENFORCE LAWS
, REGULATIONS, OR OTHER RULES RELATED TO THE
PRACTICE OF COSMETOLOGY IN THAT STATE, WHERE LAWS,
REGULATIONS, OR OTHER RULES ARE NOT INCONSISTENT WITH THE
PROVISIONS OF THIS
COMPACT.
B. I
NSOFAR AS PRACTICAL, A MEMBER STATE'S STATE LICENSING
AUTHORITY SHALL COOPERATE WITH THE COMMISSION AND WITH
EACH ENTITY EXERCISING INDEPENDENT REGULATORY AUTHORITY
OVER THE
PRACTICE OF COSMETOLOGY ACCORDING TO THE
PROVISIONS OF THIS
COMPACT.
C. D
ISCIPLINE SHALL BE THE SOLE RESPONSIBILITY OF THE STATE IN
WHICH
COSMETOLOGY SERVICES ARE PROVIDED. ACCORDINGLY,
EACH MEMBER STATE'S STATE LICENSING AUTHORITY SHALL BE
RESPONSIBLE FOR RECEIVING COMPLAINTS ABOUT INDIVIDUALS
PRACTICING
COSMETOLOGY IN THAT STATE, AND FOR
COMMUNICATING ALL RELEVANT
INVESTIGATIVE INFORMATION
ABOUT ANY SUCH
ADVERSE ACTION TO THE OTHER MEMBER STATES
THROUGH THE
DATA SYSTEM IN ADDITION TO ANY OTHER METHODS
THE
COMMISSION MAY BY RULE REQUIRE.
ARTICLE 7 - ADVERSE ACTIONS
A. A
LICENSEE'S HOME STATE SHALL HAVE EXCLUSIVE POWER TO
IMPOSE AN
ADVERSE ACTION AGAINST A LICENSEE'S MULTISTATE
LICENSE ISSUED BY THE HOME STATE.
B. A
HOME STATE MAY TAKE ADVERSE ACTION ON A MULTISTATE
LICENSE BASED ON THE INVESTIGATIVE INFORMATION, CURRENT
SIGNIFICANT INVESTIGATIVE INFORMATION, OR ADVERSE ACTION OF
PAGE 11-HOUSE BILL 24-1111 A REMOTE STATE.
C. I
N ADDITION TO THE POWERS CONFERRED BY STATE LAW, EACH
REMOTE STATE'S STATE LICENSING AUTHORITY SHALL HAVE THE
POWER TO
:
1. T
AKE ADVERSE ACTION AGAINST A LICENSEE'S
AUTHORIZATION TO PRACTICE COSMETOLOGY THROUGH THE
MULTISTATE LICENSE IN THAT MEMBER STATE, PROVIDED
THAT
:
a. O
NLY THE LICENSEE'S HOME STATE SHALL HAVE THE
POWER TO TAKE
ADVERSE ACTION AGAINST THE
MULTISTATE LICENSE ISSUED BY THE HOME STATE;
AND
b. FOR THE PURPOSES OF TAKING ADVERSE ACTION, THE
HOME STATE'S STATE LICENSING AUTHORITY SHALL
GIVE THE SAME PRIORITY AND EFFECT TO REPORTED
CONDUCT RECEIVED FROM A
REMOTE STATE AS IT
WOULD IF SUCH CONDUCT HAD OCCURRED WITHIN THE
HOME STATE. IN SO DOING, THE HOME STATE SHALL
APPLY ITS OWN
STATE LAWS TO DETERMINE THE
APPROPRIATE ACTION
.
2. I
SSUE CEASE AND DESIST ORDERS OR IMPOSE AN
ENCUMBRANCE ON A LICENSEE'S AUTHORIZATION TO
PRACTICE WITHIN THAT MEMBER STATE.
3. C
OMPLETE ANY PENDING INVESTIGATIONS OF A LICENSEE
WHO CHANGES THEIR PRIMARY STATE OF RESIDENCE DURING
THE COURSE OF SUCH AN INVESTIGATION
. THE STATE
LICENSING AUTHORITY SHALL ALSO BE EMPOWERED TO
REPORT THE RESULTS OF SUCH AN INVESTIGATION TO THE
COMMISSION THROUGH THE DATA SYSTEM AS DESCRIBED
HEREIN
.
4. I
SSUE SUBPOENAS FOR BOTH HEARINGS AND INVESTIGATIONS
THAT REQUIRE THE ATTENDANCE AND TESTIMONY OF
WITNESSES
, AS WELL AS THE PRODUCTION OF EVIDENCE .
PAGE 12-HOUSE BILL 24-1111 SUBPOENAS ISSUED BY A STATE LICENSING AUTHORITY IN A
MEMBER STATE FOR THE ATTENDANCE AND TESTIMONY OF
WITNESSES OR THE PRODUCTION OF EVIDENCE FROM ANOTHER
MEMBER STATE SHALL BE ENFORCED IN THE LATTER STATE
BY ANY COURT OF COMPETENT JURISDICTION
, ACCORDING TO
THE PRACTICE AND PROCEDURE OF THAT COURT APPLICABLE
TO SUBPOENAS ISSUED IN PROCEEDINGS BEFORE IT
. THE
ISSUING
STATE LICENSING AUTHORITY SHALL PAY ANY
WITNESS FEES
, TRAVEL EXPENSES, MILEAGE, AND OTHER FEES
REQUIRED BY THE SERVICE STATUTES OF THE
STATE IN WHICH
THE WITNESSES OR EVIDENCE ARE LOCATED
.
5. I
F OTHERWISE PERMITTED BY STATE LAW, RECOVER FROM THE
AFFECTED
LICENSEE THE COSTS OF INVESTIGATIONS AND
DISPOSITION OF CASES RESULTING FROM ANY
ADVERSE
ACTION TAKEN AGAINST THAT LICENSEE.
6. T
AKE ADVERSE ACTION AGAINST THE LICENSEE'S
AUTHORIZATION TO PRACTICE IN THAT STATE BASED ON THE
FACTUAL FINDINGS OF ANOTHER
REMOTE STATE.
D. A
LICENSEE'S HOME STATE SHALL COMPLETE ANY PENDING
INVESTIGATION
(S) OF A COSMETOLOGIST WHO CHANGES THEIR
PRIMARY STATE OF RESIDENCE DURING THE COURSE OF THE
INVESTIGATION
(S). THE HOME STATE SHALL ALSO HAVE THE
AUTHORITY TO TAKE APPROPRIATE ACTION
(S) AND SHALL PROMPTLY
REPORT THE CONCLUSIONS OF THE INVESTIGATIONS TO THE
DATA
SYSTEM.
E. I
F AN ADVERSE ACTION IS TAKEN BY THE HOME STATE AGAINST A
LICENSEE'S MULTISTATE LICENSE, THE LICENSEE'S AUTHORIZATION
TO
PRACTICE IN ALL OTHER MEMBER STATES SHALL BE
DEACTIVATED UNTIL ALL
ENCUMBRANCES HAVE BEEN REMOVED
FROM THE
HOME STATE LICENSE. ALL HOME STATE DISCIPLINARY
ORDERS THAT IMPOSE AN
ADVERSE ACTION AGAINST A LICENSEE'S
MULTISTATE LICENSE SHALL INCLUDE A STATEMENT THAT THE
COSMETOLOGIST'S AUTHORIZATION TO PRACTICE IS DEACTIVATED IN
ALL
MEMBER STATES DURING THE PENDENCY OF THE ORDER .
F. N
OTHING IN THIS COMPACT OVERRIDES A MEMBER STATE'S
PAGE 13-HOUSE BILL 24-1111 AUTHORITY TO ACCEPT A LICENSEE'S PARTICIPATION IN AN
ALTERNATIVE PROGRAM IN LIEU OF ADVERSE ACTION. A LICENSEE'S
MULTISTATE LICENSE SHALL BE SUSPENDED FOR THE DURATION OF
THE
LICENSEE'S PARTICIPATION IN ANY ALTERNATIVE PROGRAM.
G. J
OINT INVESTIGATIONS
1. IN ADDITION TO THE AUTHORITY GRANTED TO A MEMBER
STATE BY ITS RESPECTIVE SCOPE OF PRACTICE LAWS OR OTHER
APPLICABLE
STATE LAW, A MEMBER STATE MAY PARTICIPATE
WITH OTHER
MEMBER STATES IN JOINT INVESTIGATIONS OF
LICENSEES.
2. M
EMBER STATES SHALL SHARE ANY INVESTIGATIVE ,
LITIGATION, OR COMPLIANCE MATERIALS IN FURTHERANCE OF
ANY JOINT OR INDIVIDUAL INVESTIGATION INITIATED UNDER
THE
COMPACT.
ARTICLE 8 - ACTIVE MILITARY MEMBERS
AND THEIR SPOUSES
A
CTIVE MILITARY MEMBERS OR THEIR SPOUSES SHALL DESIGNATE A HOME
STATE WHERE THE INDIVIDUAL HAS A CURRENT LICENSE TO PRACTICE
COSMETOLOGY IN GOOD STANDING . THE INDIVIDUAL MAY RETAIN THEIR
HOME STATE DESIGNATION DURING ANY PERIOD OF SERVICE WHEN THAT
INDIVIDUAL OR THEIR SPOUSE IS ON ACTIVE DUTY ASSIGNMENT
.
ARTICLE 9 - ESTABLISHMENT AND OPERATION OF THE
COSMETOLOGY LICENSURE COMPACT COMMISSION
A. T
HE COMPACT MEMBER STATES HEREBY CREATE AND ESTABLISH A
JOINT GOVERNMENT AGENCY
, THE MEMBERSHIP OF WHICH CONSISTS
OF ALL
MEMBER STATES THAT HAVE ENACTED THE COMPACT,
KNOWN AS THE COSMETOLOGY LICENSURE COMPACT COMMISSION.
T
HE COMMISSION IS AN INSTRUMENTALITY OF THE COMPACT
MEMBER STATES ACTING JOINTLY AND NOT AN INSTRUMENTALITY OF
ANY ONE
STATE. THE COMMISSION SHALL COME INTO EXISTENCE ON
OR AFTER THE EFFECTIVE DATE OF THE
COMPACT AS SET FORTH IN
ARTICLE 13.
PAGE 14-HOUSE BILL 24-1111 B. M EMBERSHIP, VOTING, AND MEETINGS
1. EACH MEMBER STATE SHALL HAVE AND BE LIMITED TO ONE
(1) DELEGATE SELECTED BY THAT MEMBER STATE'S STATE
LICENSING AUTHORITY.
2. T
HE DELEGATE SHALL BE AN ADMINISTRATOR OF THE STATE
LICENSING AUTHORITY OF THE MEMBER STATE OR THEIR
DESIGNEE
.
3. T
HE COMMISSION SHALL BY RULE OR BYLAW ESTABLISH A
TERM OF OFFICE FOR DELEGATES AND MAY BY
RULE OR
BYLAW ESTABLISH TERM LIMITS
.
4. T
HE COMMISSION MAY RECOMMEND REMOVAL OR
SUSPENSION OF ANY DELEGATE FROM OFFICE
.
5. A
MEMBER STATE'S STATE LICENSING AUTHORITY SHALL
FILL ANY VACANCY OF ITS DELEGATE OCCURRING ON THE
COMMISSION WITHIN 60 DAYS OF THE VACANCY.
6. E
ACH DELEGATE SHALL BE ENTITLED TO ONE VOTE ON ALL
MATTERS THAT ARE VOTED ON BY THE
COMMISSION.
7. T
HE COMMISSION SHALL MEET AT LEAST ONCE DURING EACH
CALENDAR YEAR
. ADDITIONAL MEETINGS MAY BE HELD AS
SET FORTH IN THE BYLAWS
. THE COMMISSION MAY MEET BY
TELECOMMUNICATION
, VIDEO CONFERENCE , OR OTHER
SIMILAR ELECTRONIC MEANS
.
C. T
HE COMMISSION SHALL HAVE THE FOLLOWING POWERS :
1. E
STABLISH THE FISCAL YEAR OF THE COMMISSION;
2. E
STABLISH CODE OF CONDUCT AND CONFLICT OF INTEREST
POLICIES
;
3. A
DOPT RULES AND BYLAWS;
4. M
AINTAIN ITS FINANCIAL RECORDS IN ACCORDANCE WITH THE
PAGE 15-HOUSE BILL 24-1111 BYLAWS;
5. M
EET AND TAKE SUCH ACTIONS AS ARE CONSISTENT WITH THE
PROVISIONS OF THIS
COMPACT, THE COMMISSION'S RULES,
AND THE BYLAWS;
6. I
NITIATE AND CONCLUDE LEGAL PROCEEDINGS OR ACTIONS IN
THE NAME OF THE
COMMISSION, PROVIDED THAT THE
STANDING OF ANY
STATE LICENSING AUTHORITY TO SUE OR
BE SUED UNDER APPLICABLE LAW IS NOT AFFECTED
;
7. M
AINTAIN AND CERTIFY RECORDS AND INFORMATION
PROVIDED TO A
MEMBER STATE AS THE AUTHENTICATED
BUSINESS RECORDS OF THE
COMMISSION AND DESIGNATE AN
AGENT TO DO SO ON THE
COMMISSION'S BEHALF;
8. P
URCHASE AND MAINTAIN INSURANCE AND BONDS ;
9. B
ORROW, ACCEPT, OR CONTRACT FOR SERVICES OF
PERSONNEL
, INCLUDING, BUT NOT LIMITED TO, EMPLOYEES OF
A
MEMBER STATE;
10. C
ONDUCT AN ANNUAL FINANCIAL REVIEW ;
11. H
IRE EMPLOYEES, ELECT OR APPOINT OFFICERS , FIX
COMPENSATION
, DEFINE DUTIES, GRANT SUCH INDIVIDUALS
APPROPRIATE AUTHORITY TO CARRY OUT THE PURPOSES OF
THE
COMPACT, AND ESTABLISH THE COMMISSION'S
PERSONNEL POLICIES AND PROGRAMS RELATING TO CONFLICTS
OF INTEREST
, QUALIFICATIONS OF PERSONNEL , AND OTHER
RELATED PERSONNEL MATTERS
;
12. A
S SET FORTH IN THE COMMISSION RULES, CHARGE A FEE TO
A
LICENSEE FOR THE GRANT OF A MULTISTATE LICENSE AND
THEREAFTER
, AS MAY BE ESTABLISHED BY COMMISSION RULE,
CHARGE THE LICENSEE A MULTISTATE LICENSE RENEWAL FEE
FOR EACH RENEWAL PERIOD
. NOTHING HEREIN SHALL BE
CONSTRUED TO PREVENT A
HOME STATE FROM CHARGING A
LICENSEE A FEE FOR A MULTISTATE LICENSE OR RENEWALS
OF A
MULTISTATE LICENSE, OR A FEE FOR THE
PAGE 16-HOUSE BILL 24-1111 JURISPRUDENCE REQUIREMENT IF THE MEMBER STATE
IMPOSES SUCH A REQUIREMENT FOR THE GRANT OF A
MULTISTATE LICENSE.
13. A
SSESS AND COLLECT FEES;
14. A
CCEPT ANY AND ALL APPROPRIATE GIFTS , DONATIONS,
GRANTS OF MONEY , OTHER SOURCES OF REVENUE ,
EQUIPMENT, SUPPLIES, MATERIALS, AND SERVICES AND
RECEIVE
, UTILIZE, AND DISPOSE OF THE SAME; PROVIDED THAT
AT ALL TIMES THE
COMMISSION SHALL AVOID ANY
APPEARANCE OF IMPROPRIETY OR CONFLICT OF INTEREST
;
15. L
EASE, PURCHASE, RETAIN, OWN, HOLD, IMPROVE, OR USE ANY
PROPERTY
, REAL, PERSONAL, OR MIXED, OR ANY UNDIVIDED
INTEREST THEREIN
;
16. S
ELL, CONVEY, MORTGAGE, PLEDGE, LEASE, EXCHANGE,
ABANDON, OR OTHERWISE DISPOSE OF ANY PROPERTY , REAL,
PERSONAL, OR MIXED;
17. E
STABLISH A BUDGET AND MAKE EXPENDITURES ;
18. B
ORROW MONEY;
19. A
PPOINT COMMITTEES, INCLUDING STANDING COMMITTEES ,
COMPOSED OF MEMBERS , STATE REGULATORS , STATE
LEGISLATORS OR THEIR REPRESENTATIVES
, CONSUMER
REPRESENTATIVES
, AND SUCH OTHER INTERESTED PERSONS AS
MAY BE DESIGNATED IN THIS
COMPACT AND THE BYLAWS ;
20. P
ROVIDE AND RECEIVE INFORMATION FROM , AND COOPERATE
WITH
, LAW ENFORCEMENT AGENCIES ;
21. E
LECT A CHAIR, VICE CHAIR, SECRETARY, TREASURER, AND
SUCH OTHER OFFICERS OF THE
COMMISSION AS PROVIDED IN
THE
COMMISSION'S BYLAWS;
22. E
STABLISH AND ELECT AN EXECUTIVE COMMITTEE,
INCLUDING A CHAIR AND A VICE CHAIR;
PAGE 17-HOUSE BILL 24-1111 23. ADOPT AND PROVIDE TO THE MEMBER STATES AN ANNUAL
REPORT
;
24. D
ETERMINE WHETHER A STATE'S ADOPTED LANGUAGE IS
MATERIALLY DIFFERENT FROM THE MODEL
COMPACT
LANGUAGE SUCH THAT THE
STATE WOULD NOT QUALIFY FOR
PARTICIPATION IN THE
COMPACT; AND
25. PERFORM SUCH OTHER FUNCTIONS AS MAY BE NECESSARY OR
APPROPRIATE TO ACHIEVE THE PURPOSES OF THIS
COMPACT.
D. T
HE EXECUTIVE COMMITTEE
1. THE EXECUTIVE COMMITTEE SHALL HAVE THE POWER TO ACT
ON BEHALF OF THE
COMMISSION ACCORDING TO THE TERMS
OF THIS
COMPACT. THE POWERS, DUTIES, AND
RESPONSIBILITIES OF THE
EXECUTIVE COMMITTEE SHALL
INCLUDE
:
a. O
VERSEEING THE DAY-TO-DAY ACTIVITIES OF THE
ADMINISTRATION OF THE
COMPACT INCLUDING
COMPLIANCE WITH THE PROVISIONS OF THE
COMPACT,
THE COMMISSION'S RULES AND BYLAWS, AND OTHER
SUCH DUTIES AS DEEMED NECESSARY
;
b. R
ECOMMENDING TO THE COMMISSION CHANGES TO
THE
RULES OR BYLAWS, CHANGES TO THIS COMPACT
LEGISLATION
, FEES CHARGED TO COMPACT MEMBER
STATES, FEES CHARGED TO LICENSEES, AND OTHER
FEES
;
c. E
NSURING COMPACT ADMINISTRATION SERVICES ARE
APPROPRIATELY PROVIDED
, INCLUDING BY CONTRACT;
d. P
REPARING AND RECOMMENDING THE BUDGET ;
e. M
AINTAINING FINANCIAL RECORDS ON BEHALF OF THE
COMMISSION;
f. M
ONITORING COMPACT COMPLIANCE OF MEMBER
PAGE 18-HOUSE BILL 24-1111 STATES AND PROVIDING COMPLIANCE REPORTS TO THE
COMMISSION;
g. E
STABLISHING ADDITIONAL COMMITTEES AS
NECESSARY
;
h. E
XERCISING THE POWERS AND DUTIES OF THE
COMMISSION DURING THE INTERIM BETWEEN
COMMISSION MEETINGS, EXCEPT FOR ADOPTING OR
AMENDING
RULES, ADOPTING OR AMENDING BYLAWS ,
AND EXERCISING ANY OTHER POWERS AND DUTIES
EXPRESSLY RESERVED TO THE
COMMISSION BY RULE
OR BYLAW
; AND
i. OTHER DUTIES AS PROVIDED IN THE RULES OR BYLAWS
OF THE
COMMISSION.
2. T
HE EXECUTIVE COMMITTEE SHALL BE COMPOSED OF UP TO
SEVEN VOTING MEMBERS
:
a. T
HE CHAIR AND VICE CHAIR OF THE COMMISSION AND
ANY OTHER MEMBERS OF THE
COMMISSION WHO SERVE
ON THE
EXECUTIVE COMMITTEE SHALL BE VOTING
MEMBERS OF THE
EXECUTIVE COMMITTEE; AND
b. OTHER THAN THE CHAIR, VICE CHAIR, SECRETARY,
AND TREASURER, THE COMMISSION SHALL ELECT
THREE VOTING MEMBERS FROM THE CURRENT
MEMBERSHIP OF THE
COMMISSION.
c. T
HE COMMISSION MAY ELECT EX OFFICIO, NONVOTING
MEMBERS FROM A RECOGNIZED NATIONAL
COSMETOLOGY PROFESSIONAL ASSOCIATION AS
APPROVED BY THE
COMMISSION. THE COMMISSION'S
BYLAWS SHALL IDENTIFY QUALIFYING ORGANIZATIONS
AND THE MANNER OF APPOINTMENT IF THE NUMBER OF
ORGANIZATIONS SEEKING TO APPOINT AN EX OFFICIO
MEMBER EXCEEDS THE NUMBER OF MEMBERS
SPECIFIED IN THIS
ARTICLE.
PAGE 19-HOUSE BILL 24-1111 3. THE COMMISSION MAY REMOVE ANY MEMBER OF THE
EXECUTIVE COMMITTEE AS PROVIDED IN THE COMMISSION'S
BYLAWS
.
4. T
HE EXECUTIVE COMMITTEE SHALL MEET AT LEAST
ANNUALLY
.
a. A
NNUAL EXECUTIVE COMMITTEE MEETINGS, AS WELL
AS ANY
EXECUTIVE COMMITTEE MEETING AT WHICH IT
DOES NOT TAKE OR INTEND TO TAKE FORMAL ACTION
ON A MATTER FOR WHICH A
COMMISSION VOTE WOULD
OTHERWISE BE REQUIRED
, SHALL BE OPEN TO THE
PUBLIC
, EXCEPT THAT THE EXECUTIVE COMMITTEE
MAY MEET IN A CLOSED
, NON-PUBLIC SESSION OF A
PUBLIC MEETING WHEN DEALING WITH ANY OF THE
MATTERS COVERED UNDER
ARTICLE 9.F.4.
b. T
HE EXECUTIVE COMMITTEE SHALL GIVE FIVE
BUSINESS DAYS
' ADVANCE NOTICE OF ITS PUBLIC
MEETINGS
, POSTED ON ITS WEBSITE AND AS
DETERMINED BY THE
EXECUTIVE COMMITTEE, TO
PROVIDE NOTICE TO PERSONS WITH AN INTEREST IN THE
PUBLIC MATTERS THE
EXECUTIVE COMMITTEE
INTENDS TO ADDRESS AT THOSE MEETINGS
.
5. T
HE EXECUTIVE COMMITTEE MAY HOLD AN EMERGENCY
MEETING WHEN ACTING FOR THE
COMMISSION TO:
a. M
EET AN IMMINENT THREAT TO PUBLIC HEALTH ,
SAFETY, OR WELFARE;
b. P
REVENT A LOSS OF COMMISSION OR MEMBER STATE
FUNDS
; OR
c. PROTECT PUBLIC HEALTH AND SAFETY .
E. T
HE COMMISSION SHALL ADOPT AND PROVIDE TO THE MEMBER
STATES AN ANNUAL REPORT.
F. M
EETINGS OF THE COMMISSION
PAGE 20-HOUSE BILL 24-1111 1. ALL MEETINGS OF THE COMMISSION THAT ARE NOT CLOSED
PURSUANT TO
ARTICLE 9.F.4 SHALL BE OPEN TO THE PUBLIC.
N
OTICE OF PUBLIC MEETINGS SHALL BE POSTED ON THE
COMMISSION'S WEBSITE AT LEAST THIRTY (30) DAYS PRIOR TO
THE PUBLIC MEETING
.
2. N
OTWITHSTANDING ARTICLE 9.F.1, THE COMMISSION MAY
CONVENE AN EMERGENCY PUBLIC MEETING BY PROVIDING AT
LEAST TWENTY
-FOUR (24) HOURS' PRIOR NOTICE ON THE
COMMISSION'S WEBSITE, AND ANY OTHER MEANS AS
PROVIDED IN THE
COMMISSION'S RULES, FOR ANY OF THE
REASONS IT MAY DISPENSE WITH NOTICE OF PROPOSED
RULEMAKING UNDER
ARTICLE 11.L. THE COMMISSION'S
LEGAL COUNSEL SHALL CERTIFY THAT ONE OF THE REASONS
JUSTIFYING AN EMERGENCY PUBLIC MEETING HAS BEEN MET
.
3. N
OTICE OF ALL COMMISSION MEETINGS SHALL PROVIDE THE
TIME
, DATE, AND LOCATION OF THE MEETING , AND IF THE
MEETING IS TO BE HELD OR ACCESSIBLE VIA
TELECOMMUNICATION
, VIDEO CONFERENCE , OR OTHER
ELECTRONIC MEANS
, THE NOTICE SHALL INCLUDE THE
MECHANISM FOR ACCESS TO THE MEETING
.
4. T
HE COMMISSION MAY CONVENE IN A CLOSED , NON-PUBLIC
MEETING FOR THE
COMMISSION TO DISCUSS:
a. N
ON-COMPLIANCE OF A MEMBER STATE WITH ITS
OBLIGATIONS UNDER THE
COMPACT;
b. T
HE EMPLOYMENT, COMPENSATION, DISCIPLINE, OR
OTHER MATTERS
, PRACTICES, OR PROCEDURES
RELATED TO SPECIFIC EMPLOYEES OR OTHER MATTERS
RELATED TO THE
COMMISSION'S INTERNAL PERSONNEL
PRACTICES OR PROCEDURES
;
c. C
URRENT OR THREATENED DISCIPLINE OF A LICENSEE
BY THE
COMMISSION OR BY A MEMBER STATE'S
LICENSING AUTHORITY;
d. C
URRENT, THREATENED , OR REASONABLY
PAGE 21-HOUSE BILL 24-1111 ANTICIPATED LITIGATION;
e. N
EGOTIATION OF CONTRACTS FOR THE PURCHASE ,
LEASE, OR SALE OF GOODS, SERVICES, OR REAL ESTATE;
f. A
CCUSING ANY PERSON OF A CRIME OR FORMALLY
CENSURING ANY PERSON
;
g. T
RADE SECRETS OR COMMERCIAL OR FINANCIAL
INFORMATION THAT IS PRIVILEGED OR CONFIDENTIAL
;
h. I
NFORMATION OF A PERSONAL NATURE WHERE
DISCLOSURE WOULD CONSTITUTE A CLEARLY
UNWARRANTED INVASION OF PERSONAL PRIVACY
;
i. I
NVESTIGATIVE RECORDS COMPILED FOR LAW
ENFORCEMENT PURPOSES
;
j. I
NFORMATION RELATED TO ANY INVESTIGATIVE
REPORTS PREPARED BY OR ON BEHALF OF OR FOR USE
OF THE
COMMISSION OR OTHER COMMITTEE CHARGED
WITH RESPONSIBILITY OF INVESTIGATION OR
DETERMINATION OF COMPLIANCE ISSUES PURSUANT TO
THE
COMPACT;
k. L
EGAL ADVICE;
l. M
ATTERS SPECIFICALLY EXEMPTED FROM DISCLOSURE
TO THE PUBLIC BY FEDERAL OR
MEMBER STATE LAW;
OR
m. OTHER MATTERS AS PROMULGATED BY THE
COMMISSION BY RULE.
5. I
F A MEETING, OR PORTION OF A MEETING, IS CLOSED, THE
PRESIDING OFFICER SHALL STATE THAT THE MEETING WILL BE
CLOSED AND REFERENCE EACH RELEVANT EXEMPTING
PROVISION
, AND SUCH REFERENCE SHALL BE RECORDED IN THE
MINUTES
.
PAGE 22-HOUSE BILL 24-1111 6. THE COMMISSION SHALL KEEP MINUTES THAT FULLY AND
CLEARLY DESCRIBE ALL MATTERS DISCUSSED IN A MEETING
AND SHALL PROVIDE A FULL AND ACCURATE SUMMARY OF
ACTIONS TAKEN AND THE REASONS THEREFORE
, INCLUDING A
DESCRIPTION OF THE VIEWS EXPRESSED
. ALL DOCUMENTS
CONSIDERED IN CONNECTION WITH AN ACTION SHALL BE
IDENTIFIED IN SUCH MINUTES
. ALL MINUTES AND DOCUMENTS
OF A CLOSED MEETING SHALL REMAIN UNDER SEAL
, SUBJECT
TO RELEASE ONLY BY A MAJORITY VOTE OF THE
COMMISSION
OR ORDER OF A COURT OF COMPETENT JURISDICTION
.
G. F
INANCING OF THE COMMISSION
1. THE COMMISSION SHALL PAY, OR PROVIDE FOR THE PAYMENT
OF
, THE REASONABLE EXPENSES OF ITS ESTABLISHMENT ,
ORGANIZATION, AND ONGOING ACTIVITIES.
2. T
HE COMMISSION MAY ACCEPT ANY AND ALL APPROPRIATE
SOURCES OF REVENUE
, DONATIONS, AND GRANTS OF MONEY,
EQUIPMENT, SUPPLIES, MATERIALS, AND SERVICES.
3. T
HE COMMISSION MAY LEVY ON AND COLLECT AN ANNUAL
ASSESSMENT FROM EACH
MEMBER STATE AND IMPOSE FEES
ON
LICENSEES OF MEMBER STATES TO WHOM IT GRANTS A
MULTISTATE LICENSE TO COVER THE COST OF THE
OPERATIONS AND ACTIVITIES OF THE
COMMISSION AND ITS
STAFF
, WHICH MUST BE IN A TOTAL AMOUNT SUFFICIENT TO
COVER ITS ANNUAL BUDGET AS APPROVED EACH YEAR FOR
WHICH REVENUE IS NOT PROVIDED BY OTHER SOURCES
. THE
AGGREGATE ANNUAL ASSESSMENT AMOUNT FOR
MEMBER
STATES SHALL BE ALLOCATED BASED UPON A FORMULA THAT
THE
COMMISSION SHALL PROMULGATE BY RULE.
4. T
HE COMMISSION SHALL NOT INCUR OBLIGATIONS OF ANY
KIND PRIOR TO SECURING THE FUNDS ADEQUATE TO MEET THE
SAME
; NOR SHALL THE COMMISSION PLEDGE THE CREDIT OF
ANY
MEMBER STATES, EXCEPT BY AND WITH THE AUTHORITY
OF THE
MEMBER STATE.
5. T
HE COMMISSION SHALL KEEP ACCURATE ACCOUNTS OF ALL
PAGE 23-HOUSE BILL 24-1111 RECEIPTS AND DISBURSEMENTS . THE RECEIPTS AND
DISBURSEMENTS OF THE
COMMISSION SHALL BE SUBJECT TO
THE FINANCIAL REVIEW AND ACCOUNTING PROCEDURES
ESTABLISHED UNDER ITS BYLAWS
. ALL RECEIPTS AND
DISBURSEMENTS OF FUNDS HANDLED BY THE
COMMISSION
SHALL BE SUBJECT TO AN ANNUAL FINANCIAL REVIEW BY A
CERTIFIED OR LICENSED PUBLIC ACCOUNTANT
, AND THE
REPORT OF THE FINANCIAL REVIEW SHALL BE INCLUDED IN
AND BECOME PART OF THE ANNUAL REPORT OF THE
COMMISSION.
H. Q
UALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION
1. THE MEMBERS, OFFICERS, EXECUTIVE DIRECTOR, EMPLOYEES,
AND REPRESENTATIVES OF THE COMMISSION ARE IMMUNE
FROM SUIT AND LIABILITY
, BOTH PERSONALLY AND IN THEIR
OFFICIAL CAPACITY
, FOR ANY CLAIM FOR DAMAGE TO OR LOSS
OF PROPERTY OR PERSONAL INJURY OR OTHER CIVIL LIABILITY
CAUSED BY OR ARISING OUT OF ANY ACTUAL OR ALLEGED ACT
,
ERROR, OR OMISSION THAT OCCURRED, OR THAT THE PERSON
AGAINST WHOM THE CLAIM IS MADE HAD A REASONABLE
BASIS FOR BELIEVING OCCURRED WITHIN THE SCOPE OF
COMMISSION EMPLOYMENT , DUTIES, OR RESPONSIBILITIES;
PROVIDED THAT NOTHING IN THIS PARAGRAPH H.1. SHALL BE
CONSTRUED TO PROTECT ANY SUCH PERSON FROM SUIT OR
LIABILITY FOR ANY DAMAGE
, LOSS, INJURY, OR LIABILITY
CAUSED BY THE INTENTIONAL OR WILLFUL OR WANTON
MISCONDUCT OF THAT PERSON
. THE PROCUREMENT OF
INSURANCE OF ANY TYPE BY THE
COMMISSION DOES NOT IN
ANY WAY COMPROMISE OR LIMIT THE IMMUNITY GRANTED
HEREUNDER
.
2. T
HE COMMISSION SHALL DEFEND ANY MEMBER , OFFICER,
EXECUTIVE DIRECTOR, EMPLOYEE, AND REPRESENTATIVE OF
THE
COMMISSION IN ANY CIVIL ACTION SEEKING TO IMPOSE
LIABILITY ARISING OUT OF ANY ACTUAL OR ALLEGED ACT
,
ERROR, OR OMISSION THAT OCCURRED WITHIN THE SCOPE OF
COMMISSION EMPLOYMENT , DUTIES, OR RESPONSIBILITIES, OR
AS DETERMINED BY THE
COMMISSION THAT THE PERSON
AGAINST WHOM THE CLAIM IS MADE HAD A REASONABLE
PAGE 24-HOUSE BILL 24-1111 BASIS FOR BELIEVING OCCURRED WITHIN THE SCOPE OF
COMMISSION EMPLOYMENT , DUTIES, OR RESPONSIBILITIES;
PROVIDED THAT NOTHING HEREIN SHALL BE CONSTRUED TO
PROHIBIT THAT PERSON FROM RETAINING THEIR OWN COUNSEL
AT THEIR OWN EXPENSE
; AND PROVIDED FURTHER, THAT THE
ACTUAL OR ALLEGED ACT
, ERROR, OR OMISSION DID NOT
RESULT FROM THAT PERSON
'S INTENTIONAL OR WILLFUL OR
WANTON MISCONDUCT
.
3. T
HE COMMISSION SHALL INDEMNIFY AND HOLD HARMLESS
ANY MEMBER
, OFFICER, EXECUTIVE DIRECTOR, EMPLOYEE,
AND REPRESENTATIVE OF THE COMMISSION FOR THE AMOUNT
OF ANY SETTLEMENT OR JUDGMENT OBTAINED AGAINST THAT
PERSON ARISING OUT OF ANY ACTUAL OR ALLEGED ACT
,
ERROR, OR OMISSION THAT OCCURRED WITHIN THE SCOPE OF
COMMISSION EMPLOYMENT , DUTIES, OR RESPONSIBILITIES, OR
THAT SUCH PERSON HAD A REASONABLE BASIS FOR BELIEVING
OCCURRED WITHIN THE SCOPE OF
COMMISSION EMPLOYMENT ,
DUTIES, OR RESPONSIBILITIES, PROVIDED THAT THE ACTUAL
OR ALLEGED ACT
, ERROR, OR OMISSION DID NOT RESULT FROM
THE INTENTIONAL OR WILLFUL OR WANTON MISCONDUCT OF
THAT PERSON
.
4. N
OTHING HEREIN SHALL BE CONSTRUED AS A LIMITATION ON
THE LIABILITY OF ANY
LICENSEE FOR PROFESSIONAL
MALPRACTICE OR MISCONDUCT
, WHICH SHALL BE GOVERNED
SOLELY BY ANY OTHER APPLICABLE
STATE LAWS.
5. N
OTHING IN THIS COMPACT SHALL BE INTERPRETED TO WAIVE
OR OTHERWISE ABROGATE A
MEMBER STATE'S STATE ACTION
IMMUNITY OR
STATE ACTION AFFIRMATIVE DEFENSE WITH
RESPECT TO ANTITRUST CLAIMS UNDER THE
SHERMAN ACT,
C
LAYTON ACT, OR ANY OTHER STATE OR FEDERAL ANTITRUST
OR ANTICOMPETITIVE LAW OR REGULATION
.
6. N
OTHING IN THIS COMPACT SHALL BE CONSTRUED TO BE A
WAIVER OF SOVEREIGN IMMUNITY BY THE
MEMBER STATES
OR BY THE
COMMISSION.
ARTICLE 10 - DATA SYSTEM
PAGE 25-HOUSE BILL 24-1111 A. THE COMMISSION SHALL PROVIDE FOR THE DEVELOPMENT ,
MAINTENANCE, OPERATION, AND UTILIZATION OF A COORDINATED
DATABASE AND REPORTING SYSTEM
.
B. T
HE COMMISSION SHALL ASSIGN EACH APPLICANT FOR A
MULTISTATE LICENSE A UNIQUE IDENTIFIER, AS DETERMINED BY THE
RULES OF THE COMMISSION.
C. N
OTWITHSTANDING ANY OTHER PROVISION OF STATE LAW TO THE
CONTRARY
, A MEMBER STATE SHALL SUBMIT A UNIFORM DATA SET
TO THE
DATA SYSTEM ON ALL INDIVIDUALS TO WHOM THIS COMPACT
IS APPLICABLE AS REQUIRED BY THE
RULES OF THE COMMISSION,
INCLUDING:
1. I
DENTIFYING INFORMATION;
2. L
ICENSURE DATA;
3. A
DVERSE ACTIONS AGAINST A LICENSE AND INFORMATION
RELATED THERETO
;
4. N
ON-CONFIDENTIAL INFORMATION RELATED TO ALTERNATIVE
PROGRAM PARTICIPATION, THE BEGINNING AND ENDING DATES
OF SUCH PARTICIPATION
, AND OTHER INFORMATION RELATED
TO SUCH PARTICIPATION
;
5. A
NY DENIAL OF APPLICATION FOR LICENSURE , AND THE
REASON
(S) FOR SUCH DENIAL (EXCLUDING THE REPORTING OF
ANY CRIMINAL HISTORY RECORD INFORMATION WHERE
PROHIBITED BY LAW
);
6. T
HE EXISTENCE OF INVESTIGATIVE INFORMATION;
7. T
HE EXISTENCE OF CURRENT SIGNIFICANT INVESTIGATIVE
INFORMATION; AND
8. OTHER INFORMATION THAT MAY FACILITATE THE
ADMINISTRATION OF THIS
COMPACT OR THE PROTECTION OF
THE PUBLIC
, AS DETERMINED BY THE RULES OF THE
COMMISSION.
PAGE 26-HOUSE BILL 24-1111 D. THE RECORDS AND INFORMATION PROVIDED TO A MEMBER STATE
PURSUANT TO THIS
COMPACT OR THROUGH THE DATA SYSTEM, WHEN
CERTIFIED BY THE
COMMISSION OR AN AGENT THEREOF , CONSTITUTE
THE AUTHENTICATED BUSINESS RECORDS OF THE
COMMISSION, AND
SHALL BE ENTITLED TO ANY ASSOCIATED HEARSAY EXCEPTION IN
ANY RELEVANT JUDICIAL
, QUASI-JUDICIAL, OR ADMINISTRATIVE
PROCEEDINGS IN A
MEMBER STATE.
E. T
HE EXISTENCE OF CURRENT SIGNIFICANT INVESTIGATIVE
INFORMATION AND THE EXISTENCE OF INVESTIGATIVE INFORMATION
PERTAINING TO A
LICENSEE IN ANY MEMBER STATE WILL ONLY BE
AVAILABLE TO OTHER
MEMBER STATES.
F. I
T IS THE RESPONSIBILITY OF THE MEMBER STATES TO MONITOR THE
DATABASE TO DETERMINE WHETHER
ADVERSE ACTION HAS BEEN
TAKEN AGAINST SUCH A
LICENSEE OR LICENSE APPLICANT. ADVERSE
ACTION INFORMATION PERTAINING TO A LICENSEE OR LICENSE
APPLICANT IN ANY
MEMBER STATE WILL BE AVAILABLE TO ANY
OTHER
MEMBER STATE.
G. M
EMBER STATES CONTRIBUTING INFORMATION TO THE DATA
SYSTEM MAY DESIGNATE INFORMATION THAT MAY NOT BE SHARED
WITH THE PUBLIC WITHOUT THE EXPRESS PERMISSION OF THE
CONTRIBUTING
STATE.
H. A
NY INFORMATION SUBMITTED TO THE DATA SYSTEM THAT IS
SUBSEQUENTLY EXPUNGED PURSUANT TO FEDERAL LAW OR THE LAWS
OF THE
MEMBER STATE CONTRIBUTING THE INFORMATION SHALL BE
REMOVED FROM THE
DATA SYSTEM.
ARTICLE 11 - RULEMAKING
A. T
HE COMMISSION SHALL PROMULGATE REASONABLE RULES IN ORDER
TO EFFECTIVELY AND EFFICIENTLY IMPLEMENT AND ADMINISTER THE
PURPOSES AND PROVISIONS OF THE
COMPACT. A RULE IS INVALID
AND HAS NO FORCE OR EFFECT ONL Y IF A COURT OF COMPETENT
JURISDICTION HOLDS THAT THE
RULE IS INVALID BECAUSE THE
COMMISSION EXERCISED ITS RULEMAKING AUTHORITY IN A MANNER
THAT IS BEYOND THE SCOPE AND PURPOSES OF THE
COMPACT, OR THE
POWERS GRANTED HEREUNDER
, OR BASED UPON ANOTHER
PAGE 27-HOUSE BILL 24-1111 APPLICABLE STANDARD OF REVIEW .
B. T
HE RULES OF THE COMMISSION HAVE THE FORCE OF LAW IN EACH
MEMBER STATE, PROVIDED, HOWEVER, THAT WHERE THE RULES OF
THE
COMMISSION CONFLICT WITH THE LAWS OF THE MEMBER STATE
THAT ESTABLISH THE
MEMBER STATE'S SCOPE OF PRACTICE LAWS
GOVERNING THE
PRACTICE OF COSMETOLOGY AS HELD BY A COURT
OF COMPETENT JURISDICTION
, THE RULES OF THE COMMISSION ARE
INEFFECTIVE IN THAT
STATE TO THE EXTENT OF THE CONFLICT.
C. T
HE COMMISSION SHALL EXERCISE ITS RULEMAKING POWERS
PURSUANT TO THE CRITERIA SET FORTH IN THIS
ARTICLE AND THE
RULES ADOPTED BECOME BINDING AS OF THE DATE SPECIFIED BY THE
COMMISSION FOR EACH
RULE.
D. I
F A MAJORITY OF THE LEGISLATURES OF THE MEMBER STATES
REJECTS A
RULE OR PORTION OF A RULE, BY ENACTMENT OF A
STATUTE OR RESOLUTION IN THE SAME MANNER USED TO ADOPT THE
COMPACT WITHIN FOUR (4) YEARS OF THE DATE OF ADOPTION OF THE
RULE, THEN SUCH RULE HAS NO FURTHER FORCE AND EFFECT IN ANY
MEMBER STATE OR TO ANY STATE APPLYING TO PARTICIPATE IN THE
COMPACT.
E. R
ULES SHALL BE ADOPTED AT A REGULAR OR SPECIAL M EETING OF
THE
COMMISSION.
F. P
RIOR TO ADOPTION OF A PROPOSED RULE, THE COMMISSION SHALL
HOLD A PUBLIC HEARING AND ALLOW PERSONS TO PROVIDE ORAL AND
WRITTEN COMMENTS
, DATA, FACTS, OPINIONS, AND ARGUMENTS.
G. P
RIOR TO ADOPTION OF A PROPOSED RULE BY THE COMMISSION, AND
AT LEAST THIRTY
(30) DAYS IN ADVANCE OF THE MEETING AT WHICH
THE
COMMISSION WILL HOLD A PUBLIC HEARING ON THE PROPOSED
RULE, THE COMMISSION SHALL PROVIDE A NOTICE OF PROPOSED
RULEMAKING
:
1. O
N THE WEBSITE OF THE COMMISSION OR OTHER PUBLICLY
ACCESSIBLE PLATFORM
;
2. T
O PERSONS WHO HAVE REQUESTED NOTICE OF THE
PAGE 28-HOUSE BILL 24-1111 COMMISSION'S NOTICES OF PROPOSED RULEMAKING ; AND
3. IN SUCH OTHER WAY(S) AS THE COMMISSION MAY BY RULE
SPECIFY
.
H. T
HE NOTICE OF PROPOSED RULEMAKING SHALL INCLUDE :
1. T
HE TIME, DATE, AND LOCATION OF THE PUBLIC HEARING AT
WHICH THE
COMMISSION WILL HEAR PUBLIC COMMENTS ON
THE PROPOSED
RULE AND, IF DIFFERENT, THE TIME, DATE, AND
LOCATION OF THE MEETING WHERE THE
COMMISSION WILL
CONSIDER AND VOTE ON THE PROPOSED
RULE;
2. I
F THE HEARING IS HELD VIA TELECOMMUNICATION , VIDEO
CONFERENCE
, OR OTHER ELECTRONIC MEANS , THE
MECHANISM FOR ACCESS TO THE HEARING IN THE NOTICE OF
PROPOSED RULEMAKING
;
3. T
HE TEXT OF THE PROPOSED RULE AND THE REASON
THEREFOR
;
4. A
REQUEST FOR COMMENTS ON THE PROPOSED RULE FROM
ANY INTERESTED PERSON
; AND
5. THE MANNER IN WHICH INTERESTED PERSONS MAY SUBMIT
WRITTEN COMMENTS
.
I. A
LL HEARINGS WILL BE RECORDED. A COPY OF THE RECORDING AND
ALL WRITTEN COMMENTS AND DOCUMENTS RECEIVED BY THE
COMMISSION IN RESPONSE TO THE PROPOSED RULE SHALL BE
AVAILABLE TO THE PUBLIC
.
J. N
OTHING IN THIS ARTICLE SHALL BE CONSTRUED AS REQUIRING A
SEPARATE HEARING ON EACH
RULE. RULES MAY BE GROUPED FOR
THE CONVENIENCE OF THE
COMMISSION AT HEARINGS REQUIRED BY
THIS
ARTICLE.
K. T
HE COMMISSION SHALL, BY MAJORITY VOTE OF ALL MEMBERS, TAKE
FINAL ACTION ON THE PROPOSED
RULE BASED ON THE RULEMAKING
RECORD AND THE FULL TEXT OF THE
RULE.
PAGE 29-HOUSE BILL 24-1111 1. THE COMMISSION MAY ADOPT CHANGES TO THE PROPOSED
RULE PROVIDED THE CHANGES DO NOT ENLARGE THE
ORIGINAL PURPOSE OF THE PROPOSED
RULE.
2. T
HE COMMISSION SHALL PROVIDE AN EXPLANATION OF THE
REASONS FOR SUBSTANTIVE CHANGES MADE TO THE
PROPOSED
RULE AS WELL AS REASONS FOR SUBSTANTIVE
CHANGES NOT MADE THAT WERE RECOMMENDED BY
COMMENTERS
.
3. T
HE COMMISSION SHALL DETERMINE A REASONABLE
EFFECTIVE DATE FOR THE
RULE. EXCEPT FOR AN EMERGENCY
AS PROVIDED IN
ARTICLE 11.L, THE EFFECTIVE DATE OF THE
RULE SHALL BE NO SOONER THAN FORTY -FIVE (45) DAYS
AFTER THE
COMMISSION ISSUING THE NOTICE THAT IT
ADOPTED OR AMENDED THE
RULE.
L. U
PON DETERMINATION THAT AN EMERGENCY EXISTS , THE
COMMISSION MAY CONSIDER AND ADOPT AN EMERGENCY RULE WITH
FIVE
(5) DAYS' NOTICE, WITH OPPORTUNITY TO COMMENT , PROVIDED
THAT THE USUAL RULEMAKING PROCEDURES PROVIDED IN THE
COMPACT AND IN THIS ARTICLE SHALL BE RETROACTIVELY APPLIED
TO THE
RULE AS SOON AS REASONABLY POSSIBLE , IN NO EVENT LATER
THAN NINETY
(90) DAYS AFTER THE EFFECTIVE DATE OF THE RULE.
F
OR THE PURPOSES OF THIS PROVISION, AN EMERGENCY RULE IS ONE
THAT MUST BE ADOPTED IMMEDIATELY TO
:
1. M
EET AN IMMINENT THREAT TO PUBLIC HEALTH , SAFETY, OR
WELFARE
;
2. P
REVENT A LOSS OF COMMISSION OR MEMBER STATE FUNDS;
3. M
EET A DEADLINE FOR THE PROMULGATION OF A RULE THAT
IS ESTABLISHED BY FEDERAL LAW OR RULE
; OR
4. PROTECT PUBLIC HEALTH AND SAFETY .
M. T
HE COMMISSION OR AN AUTHORIZED COMMITTEE OF THE
COMMISSION MAY DIRECT REVISIONS TO A PREVIOUSLY ADOPTED
RULE FOR PURPOSES OF CORRECTING TYPOGRAPHICAL ERRORS ,
PAGE 30-HOUSE BILL 24-1111 ERRORS IN FORMAT, ERRORS IN CONSISTENCY, OR GRAMMATICAL
ERRORS
. PUBLIC NOTICE OF ANY REVISIONS SHALL BE POSTED ON THE
WEBSITE OF THE
COMMISSION. THE REVISION IS SUBJECT TO
CHALLENGE BY ANY PERSON FOR A PERIOD OF THIRTY
(30) DAYS
AFTER POSTING
. THE REVISION MAY BE CHALLENGED ONLY ON
GROUNDS THAT THE REVISION RESULTS IN A MATERIAL CHANGE TO A
RULE. A CHALLENGE SHALL BE MADE IN WRITING AND DELIVERED TO
THE
COMMISSION PRIOR TO THE END OF THE NOTICE PERIOD . IF NO
CHALLENGE IS MADE
, THE REVISION WILL TAKE EFFECT WITHOUT
FURTHER ACTION
. IF THE REVISION IS CHALLENGED, THE REVISION
MAY NOT TAKE EFFECT WITHOUT THE APPROVAL OF THE
COMMISSION.
N. N
O MEMBER STATE'S RULEMAKING REQUIREMENTS APPLY UNDER
THIS
COMPACT.
ARTICLE 12 - OVERSIGHT, DISPUTE RESOLUTION,
AND ENFORCEMENT
A. O
VERSIGHT
1. THE EXECUTIVE AND JUDICIAL BRANCHES OF STATE
GOVERNMENT IN EACH
MEMBER STATE SHALL ENFORCE THIS
COMPACT AND TAKE ALL ACTIONS NECESSARY AND
APPROPRIATE TO IMPLEMENT THE
COMPACT.
2. V
ENUE IS PROPER AND JUDICIAL PROCEEDINGS BY OR AGAINST
THE
COMMISSION SHALL BE BROUGHT SOLELY AND
EXCLUSIVELY IN A COURT OF COMPETENT JURISDICTION
WHERE THE PRINCIPAL OFFICE OF THE
COMMISSION IS
LOCATED
. THE COMMISSION MAY WAIVE VENUE AND
JURISDICTIONAL DEFENSES TO THE EXTENT IT ADOPTS OR
CONSENTS TO PARTICIPATE IN ALTERNATIVE DISPUTE
RESOLUTION PROCEEDINGS
. NOTHING HEREIN AFFECTS OR
LIMITS THE SELECTION OR PROPRIETY OF VENUE IN ANY
ACTION AGAINST A
LICENSEE FOR PROFESSIONAL
MALPRACTICE
, MISCONDUCT, OR ANY SUCH SIMILAR MATTER.
3. T
HE COMMISSION SHALL BE ENTITLED TO RECEIVE SERVICE OF
PROCESS IN ANY PROCEEDING REGARDING THE ENFORCEMENT
PAGE 31-HOUSE BILL 24-1111 OR INTERPRETATION OF THE COMPACT AND SHALL HAVE
STANDING TO INTERVENE IN SUCH A PROCEEDING FOR ALL
PURPOSES
. FAILURE TO PROVIDE THE COMMISSION SERVICE OF
PROCESS RENDERS A JUDGMENT OR ORDER VOID AS TO THE
COMMISSION, THIS COMPACT, OR PROMULGATED RULES.
B. D
EFAULT, TECHNICAL ASSISTANCE, AND TERMINATION
1. IF THE COMMISSION DETERMINES THAT A MEMBER STATE HAS
DEFAULTED IN THE PERFORMANCE OF ITS OBLIGATIONS OR
RESPONSIBILITIES UNDER THIS
COMPACT OR THE
PROMULGATED
RULES, THE COMMISSION SHALL PROVIDE
WRITTEN NOTICE TO THE DEFAULTING
STATE. THE NOTICE OF
DEFAULT SHALL DESCRIBE THE DEFAULT
, THE PROPOSED
MEANS OF CURING THE DEFAULT
, AND ANY OTHER ACTION
THAT THE
COMMISSION MAY TAKE , AND SHALL OFFER
TRAINING AND SPECIFIC TECHNICAL ASSISTANCE REGARDING
THE DEFAULT
.
2. T
HE COMMISSION SHALL PROVIDE A COPY OF THE NOTICE OF
DEFAULT TO THE OTHER
MEMBER STATES.
3. I
F A STATE IN DEFAULT FAILS TO CURE THE DEFAULT , THE
DEFAULTING
STATE MAY BE TERMINATED FROM THE
COMPACT UPON AN AFFIRMATIVE VOTE OF A MAJORITY OF THE
DELEGATES OF THE
MEMBER STATES, AND ALL RIGHTS,
PRIVILEGES, AND BENEFITS CONFERRED ON THAT STATE BY
THIS
COMPACT MAY BE TERMINATED ON THE EFFECTIVE DATE
OF TERMINATION
. A CURE OF THE DEFAULT DOES NOT RELIEVE
THE OFFENDING
STATE OF OBLIGATIONS OR LIABILITIES
INCURRED DURING THE PERIOD OF DEFAULT
.
4. T
ERMINATION OF MEMBERSHIP IN THE COMPACT SHALL BE
IMPOSED ONLY AFTER ALL OTHER MEANS OF SECURING
COMPLIANCE HAVE BEEN EXHAUSTED
. NOTICE OF INTENT TO
SUSPEND OR TERMINATE SHALL BE GIVEN BY THE
COMMISSION
TO THE GOVERNOR
, THE MAJORITY AND MINORITY LEADERS OF
THE DEFAULTING
STATE'S LEGISLATURE, THE DEFAULTING
STATE'S STATE LICENSING AUTHORITY, AND EACH OF THE
MEMBER STATES' STATE LICENSING AUTHORITY.
PAGE 32-HOUSE BILL 24-1111 5. A STATE THAT HAS BEEN TERMINATED IS RESPONSIBLE FOR
ALL ASSESSMENTS
, OBLIGATIONS, AND LIABILITIES INCURRED
THROUGH THE EFFECTIVE DATE OF TERMINATION
, INCLUDING
OBLIGATIONS THAT EXTEND BEYOND THE EFFECTIVE DATE OF
TERMINATION
.
6. U
PON THE TERMINATION OF A STATE'S MEMBERSHIP FROM
THIS
COMPACT, THAT STATE SHALL IMMEDIATELY PROVIDE
NOTICE TO ALL
LICENSEES WHO HOLD A MULTISTATE LICENSE
WITHIN THAT
STATE OF SUCH TERMINATION. THE TERMINATED
STATE SHALL CONTINUE TO RECOGNIZE ALL LICENSES
GRANTED PURSUANT TO THIS
COMPACT FOR A MINIMUM OF
ONE HUNDRED EIGHTY
(180) DAYS AFTER THE DATE OF SAID
NOTICE OF TERMINATION
.
7. T
HE COMMISSION SHALL NOT BEAR ANY COSTS RELATED TO
A
STATE THAT IS FOUND TO BE IN DEFAULT OR THAT HAS BEEN
TERMINATED FROM THE
COMPACT, UNLESS AGREED UPON IN
WRITING BETWEEN THE
COMMISSION AND THE DEFAULTING
STATE.
8. T
HE DEFAULTING STATE MAY APPEAL THE ACTION OF THE
COMMISSION BY PETITIONING THE UNITED STATES DISTRICT
COURT FOR THE DISTRICT OF COLUMBIA OR THE FEDERAL
DISTRICT WHERE THE
COMMISSION HAS ITS PRINCIPAL
OFFICES
. THE PREVAILING PARTY SHALL BE AWARDED ALL
COSTS OF SUCH LITIGATION
, INCLUDING REASONABLE
ATTORNEY
'S FEES.
C. D
ISPUTE RESOLUTION
1. UPON REQUEST BY A MEMBER STATE, THE COMMISSION
SHALL ATTEMPT TO RESOLVE DISPUTES RELATED TO THE
COMPACT THAT ARISE AMONG MEMBER STATES AND
BETWEEN
MEMBER AND NON-MEMBER STATES.
2. T
HE COMMISSION SHALL PROMULGATE A RULE PROVIDING
FOR BOTH MEDIATION AND BINDING DISPUTE RESOLUTION FOR
DISPUTES AS APPROPRIATE
.
PAGE 33-HOUSE BILL 24-1111 D. ENFORCEMENT
1. THE COMMISSION, IN THE REASONABLE EXERCISE OF ITS
DISCRETION
, SHALL ENFORCE THE PROVISIONS OF THIS
COMPACT AND THE COMMISSION'S RULES.
2. B
Y MAJORITY VOTE AS PROVIDED BY COMMISSION RULE, THE
COMMISSION MAY INITIATE LEGAL ACTION AGAINST A
MEMBER STATE IN DEFAULT IN THE UNITED STATES DISTRICT
COURT FOR THE DISTRICT OF COLUMBIA OR THE FEDERAL
DISTRICT WHERE THE
COMMISSION HAS ITS PRINCIPAL OFFICES
TO ENFORCE COMPLIANCE WITH THE PROVISIONS OF THE
COMPACT AND ITS PROMULGATED RULES. THE RELIEF SOUGHT
MAY INCLUDE BOTH INJUNCTIVE RELIEF AND DAMAGES
. IN THE
EVENT JUDICIAL ENFORCEMENT IS NECESSARY
, THE
PREVAILING PARTY SHALL BE AWARDED ALL COSTS OF SUCH
LITIGATION
, INCLUDING REASONABLE ATTORNEY 'S FEES. THE
REMEDIES HEREIN ARE NOT THE EXCLUSIVE REMEDIES OF THE
COMMISSION. THE COMMISSION MAY PURSUE ANY OTHER
REMEDIES AVAILABLE UNDER FEDERAL OR THE DEFAULTING
MEMBER STATE'S LAW.
3. A
MEMBER STATE MAY INITIATE LEGAL ACTION AGAINST THE
COMMISSION IN THE UNITED STATES DISTRICT COURT FOR
THE
DISTRICT OF COLUMBIA OR THE FEDERAL DISTRICT
WHERE THE
COMMISSION HAS ITS PRINCIPAL OFFICES TO
ENFORCE COMPLIANCE WITH THE PROVISIONS OF THE
COMPACT AND ITS PROMULGATED RULES. THE RELIEF SOUGHT
MAY INCLUDE BOTH INJUNCTIVE RELIEF AND DAMAGES
. IN THE
EVENT JUDICIAL ENFORCEMENT IS NECESSARY
, THE
PREVAILING PARTY SHALL BE AWARDED ALL COSTS OF SUCH
LITIGATION
, INCLUDING REASONABLE ATTORNEY 'S FEES.
4. N
O INDIVIDUAL OR ENTITY OTHER THAN A MEMBER STATE
MAY ENFORCE THIS
COMPACT AGAINST THE COMMISSION.
ARTICLE 13 - EFFECTIVE DATE, WITHDRAWAL,
AND AMENDMENT
A. T
HE COMPACT COMES INTO EFFECT ON THE DATE ON WHICH THE
PAGE 34-HOUSE BILL 24-1111 COMPACT STATUTE IS ENACTED INTO LAW IN THE SEVENTH MEMBER
STATE.
1. O
N OR AFTER THE EFFECTIVE DATE OF THE COMPACT, THE
COMMISSION SHALL CONVENE AND REVIEW THE ENACTMENT
OF EACH OF THE
CHARTER MEMBER STATES TO DETERMINE IF
THE STATUTE ENACTED BY EACH SUCH
CHARTER MEMBER
STATE IS MATERIALLY DIFFERENT THAN THE MODEL COMPACT
STATUTE
.
a. A
CHARTER MEMBER STATE WHOSE ENACTMENT IS
FOUND TO BE MATERIALLY DIFFERENT FROM THE
MODEL
COMPACT STATUTE IS ENTITLED TO THE
DEFAULT PROCESS SET FORTH IN
ARTICLE 12.
b. I
F ANY MEMBER STATE IS LATER FOUND TO BE IN
DEFAULT
, OR IS TERMINATED OR WITHDRAWS FROM
THE
COMPACT, THE COMMISSION REMAINS IN
EXISTENCE AND THE
COMPACT REMAINS IN EFFECT
EVEN IF THE NUMBER OF
MEMBER STATES SHOULD BE
LESS THAN SEVEN
(7).
2. M
EMBER STATES ENACTING THE COMPACT SUBSEQUENT TO
THE
CHARTER MEMBER STATES ARE SUBJECT TO THE PROCESS
SET FORTH IN
ARTICLE 9.C.24 TO DETERMINE IF THEIR
ENACTMENTS ARE MATERIALLY DIFFERENT FROM THE MODEL
COMPACT STATUTE AND WHETHER THEY QUALIFY FOR
PARTICIPATION IN THE
COMPACT.
3. A
LL ACTIONS TAKEN FOR THE BENEFIT OF THE COMMISSION
OR IN FURTHERANCE OF THE PURPOSES OF THE
ADMINISTRATION OF THE
COMPACT PRIOR TO THE EFFECTIVE
DATE OF THE
COMPACT OR THE COMMISSION COMING INTO
EXISTENCE SHALL BE CONSIDERED TO BE ACTIONS OF THE
COMMISSION UNLESS SPECIFICALLY REPUDIATED BY THE
COMMISSION.
4. A
NY STATE THAT JOINS THE COMPACT IS SUBJECT TO THE
COMMISSION'S RULES AND BYLAWS AS THEY EXIST ON THE
DATE ON WHICH THE
COMPACT BECOMES LAW IN THAT STATE.
PAGE 35-HOUSE BILL 24-1111 ANY RULE THAT HAS BEEN PREVIOUSLY ADOPTED BY THE
COMMISSION HAS THE FULL FORCE AND EFFECT OF LAW ON
THE DAY THE
COMPACT BECOMES LAW IN THAT STATE.
B. A
NY MEMBER STATE MAY WITHDRAW FROM THIS COMPACT BY
ENACTING A STATUTE REPEALING THAT
STATE'S ENACTMENT OF THE
COMPACT.
1. A
MEMBER STATE'S WITHDRAWAL SHALL NOT TAKE EFFECT
UNTIL ONE HUNDRED EIGHTY
(180) DAYS AFTER ENACTMENT
OF THE REPEALING STATUTE
.
2. W
ITHDRAWAL DOES NOT AFFECT THE CONTINUING
REQUIREMENT OF THE WITHDRAWING
STATE'S STATE
LICENSING AUTHORITY TO COMPLY WITH THE INVESTIGATIVE
AND
ADVERSE ACTION REPORTING REQUIREMENTS OF THIS
COMPACT PRIOR TO THE EFFECTIVE DATE OF WITHDRAWAL .
3. U
PON THE ENACTMENT OF A STATUTE WITHDRAWING FROM
THIS
COMPACT, A STATE SHALL IMMEDIATELY PROVIDE
NOTICE OF SUCH WITHDRAWAL TO ALL
LICENSEES WITHIN
THAT
STATE. NOTWITHSTANDING ANY SUBSEQUENT
STATUTORY ENACTMENT TO THE CONTRARY
, SUCH
WITHDRAWING
STATE SHALL CONTINUE TO RECOGNIZE ALL
LICENSES GRANTED PURSUANT TO THIS
COMPACT FOR A
MINIMUM OF ONE HUNDRED EIGHTY
(180) DAYS AFTER THE
DATE OF SUCH NOTICE OF WITHDRAWAL
.
C. N
OTHING CONTAINED IN THIS COMPACT SHALL BE CONSTRUED TO
INVALIDATE OR PREVENT ANY LICENSURE AGREEMENT OR OTHER
COOPERATIVE ARRANGEMENT BETWEEN A
MEMBER STATE AND A
NON
-MEMBER STATE THAT DOES NOT CONFLICT WITH THE
PROVISIONS OF THIS
COMPACT.
D. T
HIS COMPACT MAY BE AMENDED BY THE MEMBER STATES. NO
AMENDMENT TO THIS
COMPACT BECOMES EFFECTIVE AND BINDING
UPON ANY
MEMBER STATE UNTIL IT IS ENACTED INTO THE LAWS OF
ALL
MEMBER STATES.
ARTICLE 14 - CONSTRUCTION AND SEVERABILITY
PAGE 36-HOUSE BILL 24-1111 A. THIS COMPACT AND THE COMMISSION'S RULEMAKING AUTHORITY
SHALL BE LIBERALLY CONSTRUED SO AS TO EFFECTUATE THE
PURPOSES AND THE IMPLEMENTATION AND ADMINISTRATION OF THE
COMPACT. PROVISIONS OF THE COMPACT EXPRESSLY AUTHORIZING
OR REQUIRING THE PROMULGATION OF
RULES SHALL NOT BE
CONSTRUED TO LIMIT THE
COMMISSION'S RULEMAKING AUTHORITY
SOLELY FOR THOSE PURPOSES
.
B. T
HE PROVISIONS OF THIS COMPACT SHALL BE SEVERABLE AND IF ANY
PHRASE
, CLAUSE, SENTENCE, OR PROVISION OF THIS COMPACT IS
HELD BY A COURT OF COMPETENT JURISDICTION TO BE CONTRARY TO
THE CONSTITUTION OF ANY
MEMBER STATE, OF A STATE SEEKING
PARTICIPATION IN THE
COMPACT, OR OF THE UNITED STATES, OR THE
APPLICABILITY THEREOF TO ANY GOVERNMENT
, AGENCY, PERSON, OR
CIRCUMSTANCE IS HELD TO BE UNCONSTITUTIONAL BY A COURT OF
COMPETENT JURISDICTION
, THE VALIDITY OF THE REMAINDER OF THIS
COMPACT AND THE APPLICABILITY THEREOF TO ANY OTHER
GOVERNMENT
, AGENCY, PERSON, OR CIRCUMSTANCE SHALL NOT BE
AFFECTED THEREBY
.
C. N
OTWITHSTANDING ARTICLE 14.B, THE COMMISSION MAY DENY A
STATE'S PARTICIPATION IN THE COMPACT OR, IN ACCORDANCE WITH
THE REQUIREMENTS OF
ARTICLE 12, TERMINATE A MEMBER STATE'S
PARTICIPATION IN THE
COMPACT, IF IT DETERMINES THAT A
CONSTITUTIONAL REQUIREMENT OF A
MEMBER STATE IS A MATERIAL
DEPARTURE FROM THE
COMPACT. OTHERWISE, IF THIS COMPACT IS
HELD TO BE CONTRARY TO THE CONSTITUTION OF ANY
MEMBER
STATE, THE COMPACT REMAINS IN FULL FORCE AND EFFECT AS TO
THE REMAINING
MEMBER STATES AND IN FULL FORCE AND EFFECT AS
TO THE
MEMBER STATE AFFECTED AS TO ALL SEVERABLE MATTERS .
ARTICLE 15 - CONSISTENT EFFECT AND CONFLICT
WITH OTHER STATE LAWS
A. N
OTHING HEREIN PREVENTS OR INHIBITS THE ENFORCEMENT OF ANY
OTHER LAW OF A
MEMBER STATE THAT IS NOT INCONSISTENT WITH
THE
COMPACT.
B. A
NY LAWS, STATUTES, REGULATIONS, OR OTHER LEGAL
REQUIREMENTS IN A
MEMBER STATE IN CONFLICT WITH THE
PAGE 37-HOUSE BILL 24-1111 COMPACT ARE SUPERSEDED TO THE EXTENT OF THE CONFLICT .
C. A
LL PERMISSIBLE AGREEMENTS BETWEEN THE COMMISSION AND THE
MEMBER STATES ARE BINDING IN ACCORDANCE WITH THEIR TERMS .
24-60-4902. Construction of terms. (1) A
S USED IN THIS PART 49,
UNLESS THE CONTEXT OTHERWISE REQUIRES :
(a) "L
ICENSEE" MEANS, WITH RESPECT TO COLORADO, A
COSMETOLOGIST HOLDING AN UNRESTRICTED LICENSE ISSUED BY THE
DIRECTOR OF THE DIVISION OF PROFESSIONS AND OCCUPATIONS IN THE
DEPARTMENT OF REGULATORY AGENCIES PURSUANT TO ARTICLE
105 OF
TITLE
12.
(b) "S
TATE LICENSING AUTHORITY " MEANS, WITH RESPECT TO
COLORADO, THE DIRECTOR OF THE DIVISION OF PROFESSIONS AND
OCCUPATIONS CREATED IN THE DEPARTMENT OF REGULATORY AGENCIES
PURSUANT TO SECTION
12-20-103.
24-60-4903. Notice to revisor of statutes - effective date of
compact. T
HIS ARTICLE 49 WILL TAKE EFFECT ON THE DATE THE COMPACT
IS ENACTED INTO LAW IN THE SEVENTH COMPACT STATE
. THE DIRECTOR OF
THE DIVISION OF PROFESSIONS AND OCCUPATIONS IN THE DEPARTMENT OF
REGULATORY AGENCIES SHALL NOTIFY THE REVISOR OF STATUTES IN
WRITING WHEN THE CONDITION SPECIFIED IN THIS SECTION HAS OCCURRED
BY E
-MAILING THE NOTICE TO REVISOROFSTATUTES .GA@COLEG.GOV. THIS
PART
49 TAKES EFFECT UPON THE DATE IDENTIFIED IN THE NOTICE THAT THE
COMPACT IS ENACTED INTO LAW IN THE SEVENTH COMPACT STATE OR UPON
THE DATE OF THE NOTICE TO THE REVISOR OF STATUTES IF THE NOTICE DOES
NOT SPECIFY A DIFFERENT DATE
.
SECTION 2. In Colorado Revised Statutes, add 12-105-125.5 as
follows:
12-105-125.5. Interstate compact for cosmetologists - powers
and duties - rules - definitions. (1) A
S USED IN THIS SECTION:
(a) "A
DVERSE ACTION" HAS THE MEANING SET FORTH IN ARTICLE 2
OF SECTION 24-60-4901.
PAGE 38-HOUSE BILL 24-1111 (b) "BACKGROUND CHECK" HAS THE MEANING SET FORTH IN ARTICLE
2 OF SECTION 24-60-4901.
(c) "C
OMMISSION" MEANS THE COSMETOLOGY LICENSURE COMPACT
COMMISSION ESTABLISHED IN ARTICLE
9 OF SECTION 24-60-4901.
(d) "C
OMPACT" MEANS THE COSMETOLOGY LICENSURE COMPACT
AUTHORIZED IN PART
49 OF ARTICLE 60 OF TITLE 24.
(e) "C
URRENT SIGNIFICANT INVESTIGATIVE INFORMATION " HAS THE
MEANING SET FORTH IN ARTICLE
2 OF SECTION 24-60-4901.
(f) "D
ATA SYSTEM" HAS THE MEANING SET FORTH IN ARTICLE 2 OF
SECTION
24-60-4901.
(g) "I
NVESTIGATIVE INFORMATION" HAS THE MEANING SET FORTH IN
ARTICLE
2 OF SECTION 24-60-4901.
(h) "M
EMBER STATE" MEANS A STATE THAT HAS ENACTED THE
COMPACT
.
(i) "M
ULTISTATE LICENSE" HAS THE MEANING SET FORTH IN ARTICLE
2 OF SECTION 24-60-4901.
(2) I
N ADDITION TO ANY POWERS AND DUTIES SPECIFIED IN THE
COMPACT FOR MEMBER STATES
, THE DIRECTOR HAS THE FOLLOWING POWERS
AND DUTIES WITH REGARD TO THE COMPACT
:
(a) T
O FACILITATE COLORADO'S PARTICIPATION IN THE COMPACT;
(b) T
O COMPLY WITH THE RULES OF THE COMMISSION ;
(c) T
O PROMULGATE RULES IN ACCORDANCE WITH ARTICLE 4 OF
TITLE
24 AS NECESSARY FOR THE IMPLEMENTATION , ADMINISTRATION, AND
ENFORCEMENT OF THE COMPACT
;
(d) T
O SERVE, OR TO DESIGNATE ANOTHER INDIVIDUAL TO SERVE , AS
A DELEGATE ON AND ATTEND M EETINGS OF THE COMMISSION IN
ACCORDANCE WITH THE TERMS OF THE COMPACT
;
PAGE 39-HOUSE BILL 24-1111 (e) TO NOTIFY THE COMMISSION, IN COMPLIANCE WITH THE TERMS OF
THE COMPACT AND COMMISSION RULES
, OF ANY ADVERSE ACTION OR THE
AVAILABILITY OF INVESTIGATIVE INFORMATION
, INCLUDING CURRENT
SIGNIFICANT INVESTIGATIVE INFORMATION
, REGARDING A LICENSEE;
(f) T
O IMPLEMENT PROCEDURES FOR CONSIDERING ONE OR MORE OF
THE FOLLOWING CATEGORIES OF INFORMATION FROM APPLICANTS FOR
LICENSURE
: CRIMINAL HISTORY, DISCIPLINARY HISTORY, OR BACKGROUND
CHECK
;
(g) T
O GRANT A MULTISTATE LICENSE TO A LICENSEE IN
ACCORDANCE WITH THE TERMS OF THE COMPACT AND TO CHARGE A FEE TO
INDIVIDUALS APPLYING FOR THE MULTISTATE LICENSE
;
(h) T
O PARTICIPATE FULLY IN THE DATA SYSTEM CONSISTENT WITH
THE COMPACT REQUIREMENTS AND THE RULES OF THE COMMISSION
; AND
(i) TO APPROVE PAYMENT OF ASSESSMENTS LEVIED BY THE
COMMISSION TO COVER THE COST OF OPERATIONS AND ACTIVITIES OF THE
COMMISSION AND ITS STAFF
.
SECTION 3. Appropriation. (1) For the 2024-25 state fiscal year,
$104,620 is appropriated to the department of regulatory agencies for use
by the division of professions and occupations. This appropriation is from
the division of professions and occupations cash fund created in section
12-20-105 (3), C.R.S. To implement this act, the division may use this
appropriation as follows:
(a) $61,670 for personal services, which amount is based on an
assumption that the division will require an additional 1.0 FTE;
(b) $7,950 for operating expenses; and
(c) $35,000 for the purchase of information technology services.
(2) For the 2024-25 state fiscal year, $35,000 is appropriated to the
office of the governor for use by the office of information technology. This
appropriation is from reappropriated funds received from the department of
regulatory agencies under subsection (1)(c) of this section. To implement
this act, the office may use this appropriation to provide information
PAGE 40-HOUSE BILL 24-1111 technology services for the department of regulatory agencies.
SECTION 4. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly; except
that, if a referendum petition is filed pursuant to section 1 (3) of article V
of the state constitution against this act or an item, section, or part of this act
within such period, then the act, item, section, or part will not take effect
unless approved by the people at the general election to be held in
PAGE 41-HOUSE BILL 24-1111 November 2024 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
____________________________ ____________________________
Julie McCluskie Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 42-HOUSE BILL 24-1111