UNOFFICIAL COPY 23 RS BR 380
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AN ACT relating to the Cosmetology Licensure Compact. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 317A IS CREATED TO 3
READ AS FOLLOWS: 4
ARTICLE 1. PURPOSE 5
The purpose of this Compact is to facilitate the interstate practice and regulation of 6
Cosmetology with the goal of improving public access to, and the safety of, 7
Cosmetology Services and reducing unnecessary burdens related to Cosmetology 8
licensure. Through this Compact, the Member States seek to establish a regulatory 9
framework which provides for a new multistate licensing program. Through this new 10
licensing program, the Member States seek to provide increased value and mobility to 11
licensed Cosmetologists in the Member States, while ensuring the provision of safe, 12
effective, and reliable services to the public. 13
This Compact is designed to achieve the following objectives, and the Member States 14
hereby ratify the same intentions by subscribing hereto: 15
A. Provide opportunities for interstate practice by Cosmetologists who meet uniform 16
requirements for multistate licensure; 17
B. Enhance the abilities of Member States to protect public health and safety, and 18
prevent fraud and unlicensed activity within the profession; 19
C. Ensure and encourage cooperation between Member States in the licensure and 20
regulation of the Practice of Cosmetology; 21
D. Support relocating military members and their spouses; 22
E. Facilitate the exchange of information between Member States related to the 23
licensure, investigation, and discipline of the Practice of Cosmetology; and 24
F. Provide for the licensure and mobility of the workforce in the profession, while 25
addressing the shortage of workers and lessening the associated burdens on the 26
Member States. 27 UNOFFICIAL COPY 23 RS BR 380
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ARTICLE 2. DEFINITIONS 1
As used in this Compact, and except as otherwise provided, the following definitions 2
shall govern the terms herein: 3
A. "Active Duty Military" means any individual in full-time duty status in the active 4
uniformed service of the United States including members of the National Guard 5
and Reserve; 6
B. "Adverse Action" means any administrative, civil, equitable, or criminal action 7
permitted by a Member State’s laws which is imposed by a State Licensing 8
Authority or other regulatory body against a Cosmetologist, including actions 9
against an individual’s license or Authorization to Practice such as revocation, 10
suspension, probation, monitoring of the Licensee, limitation of the Licensee’s 11
practice, or any other Encumbrance on a license affecting an individual’s ability 12
to participate in the Cosmetology industry, including the issuance of a cease and 13
desist order; 14
C. "Authorization to Practice" means a legal authorization associated with a 15
Multistate License permitting the Practice of Cosmetology in that Remote State, 16
which shall be subject to the enforcement jurisdiction of the State Licensing 17
Authority in that Remote State; 18
D. "Alternative Program" means a non-disciplinary monitoring or prosecutorial 19
diversion program approved by a Member State’s State Licensing Authority; 20
E. "Background Check" means the submission of information for an applicant for 21
the purpose of obtaining that applicant’s criminal history record information, as 22
further defined in 28 C.F.R. sec. 20.3(d), from the Federal Bureau of 23
Investigation and the agency responsible for retaining State criminal or 24
disciplinary history in the applicant’s Home State; 25
F. "Charter Member State" means Member States who have enacted legislation to 26
adopt this Compact where such legislation predates the effective date of this 27 UNOFFICIAL COPY 23 RS BR 380
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Compact as defined in Article 13; 1
G. "Commission" means the government agency whose membership consists of all 2
States that have enacted this Compact, which is known as the Cosmetology 3
Licensure Compact Commission, as defined in Article 9, and which shall operate 4
as an instrumentality of the Member States; 5
H. "Cosmetologist" means an individual licensed in their Home State to practice 6
Cosmetology; 7
I. "Cosmetology," "Cosmetology Services," and the "Practice of Cosmetology" 8
mean the care and services provided by a Cosmetologist as set forth in the 9
Member State’s statutes and regulations in the State where the services are being 10
provided; 11
J. "Current Significant Investigative Information" means: 12
1. Investigative Information that a State Licensing Authority, after an inquiry 13
or investigation that complies with a Member State’s due process 14
requirements, has reason to believe is not groundless and if proved true, 15
would indicate a violation of that State’s laws regarding fraud or the 16
Practice of Cosmetology; or 17
2. Investigative Information that indicates that a Licensee has engaged in 18
fraud or represents an immediate threat to public health and safety, 19
regardless of whether the Licensee has been notified and had an 20
opportunity to respond; 21
K. "Data System" means a repository of information about Licensees, including but 22
not limited to license status, Investigative Information, and Adverse Actions; 23
L. "Disqualifying Event" means any event which shall disqualify an individual 24
from holding a Multistate License under this Compact, which the Commission 25
may by Rule or order specify; 26
M. "Encumbered License" means a license in which an Adverse Action restricts the 27 UNOFFICIAL COPY 23 RS BR 380
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Practice of Cosmetology by a Licensee, or where said Adverse Action has been 1
reported to the Commission; 2
N. "Encumbrance" means a revocation or suspension of, or any limitation on, the 3
full and unrestricted Practice of Cosmetology by a State Licensing Authority; 4
O. "Executive Committee" means a group of delegates elected or appointed to act on 5
behalf of, and within the powers granted to them by, the Commission; 6
P. "Home State" means the Member State which is a Licensee’s primary State of 7
residence, and where that Licensee holds an active and unencumbered License to 8
practice Cosmetology; 9
Q. "Investigative Information" means information, records, or documents received 10
or generated by a State Licensing Authority pursuant to an investigation or other 11
inquiry; 12
R. "Jurisprudence Requirement" means the assessment of an individual’s 13
knowledge of the laws and rules governing the Practice of Cosmetology in a 14
State; 15
S. "Licensee" means an individual who currently holds a license from a Member 16
State to practice as a Cosmetologist; 17
T. "Member State" means any State that has adopted this Compact; 18
U. "Multistate License" means a license issued by and subject to the enforcement 19
jurisdiction of the State Licensing Authority in a Licensee’s Home State, which 20
authorizes the Practice of Cosmetology in Member States and includes 21
Authorizations to Practice Cosmetology in all Remote States pursuant to this 22
Compact; 23
V. "Remote State" means any Member State, other than the Licensee’s Home State; 24
W. "Rule" means any rule or regulation promulgated by the Commission under this 25
Compact which has the force of law; 26
X. "Single-State License" means a Cosmetology license issued by a Member State 27 UNOFFICIAL COPY 23 RS BR 380
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that authorizes the practice of Cosmetology only within the issuing State and does 1
not include any authorization outside of the issuing State; 2
Y. "State" means a State, territory, or possession of the United States and the 3
District of Columbia; and 4
Z. "State Licensing Authority" means a Member State’s regulatory body responsible 5
for issuing Cosmetology licenses or otherwise overseeing the Practice of 6
Cosmetology in that State; 7
ARTICLE 3. MEMBER STATE REQUIREMENTS 8
A. To be eligible to join this Compact, and to maintain eligibility as a Member State, 9
a State shall: 10
1. License and regulate Cosmetology; 11
2. Have a mechanism or entity in place to receive and investigate complaints 12
about Licensees practicing in that State; 13
3. Require that Licensees within the State pass a Cosmetology competency 14
examination prior to being licensed to provide Cosmetology Services to the 15
public in that State; 16
4. Require that Licensees satisfy educational or training requirements in 17
Cosmetology prior to being licensed to provide Cosmetology Services to the 18
public in that State; 19
5. Implement procedures for considering one (1) or more of the following 20
categories of information from applicants for licensure: criminal history; 21
disciplinary history; or Background Check. Such procedures may include 22
the submission of information by applicants for the purpose of obtaining an 23
applicant’s Background Check as defined herein; 24
6. Participate in the Data System, including through the use of unique 25
identifying numbers; 26
7. Share information related to Adverse Actions with the Commission and 27 UNOFFICIAL COPY 23 RS BR 380
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other Member States, both through the Data System and otherwise; 1
8. Notify the Commission and other Member States, in compliance with the 2
terms of the Compact and Rules of the Commission, of the existence of 3
Investigative Information or Current Significant Investigative Information 4
in the State’s possession regarding a Licensee practicing in that State; 5
9. Comply with such Rules as may be enacted by the Commission to 6
administer the Compact; and 7
10. Accept Licensees from other Member States as established herein. 8
B. Member States may charge a fee for granting a license to practice Cosmetology. 9
C. Individuals not residing in a Member State shall continue to be able to apply for a 10
Member State’s Single-State License as provided under the laws of each Member 11
State. However, the Single-State License granted to these individuals shall not be 12
recognized as granting a Multistate License to provide services in any other 13
Member State. 14
D. Nothing in this Compact shall affect the requirements established by a Member 15
State for the issuance of a Single-State License. 16
E. A Multistate License issued to a Licensee by a Home State to a resident of that 17
State shall be recognized by each Member State as authorizing a Licensee to 18
practice Cosmetology in each Member State. 19
F. At no point shall the Commission have the power to define the educational or 20
professional requirements for a license to practice Cosmetology. The Member 21
States shall retain sole jurisdiction over the provision of these requirements. 22
ARTICLE 4. MULTISTATE LICENSE 23
A. To be eligible to apply to their Home State’s State Licensing Authority for an 24
initial Multistate License under this Compact, a Licensee shall hold an active and 25
unencumbered Single-State License to practice Cosmetology in their Home State. 26
B. Upon the receipt of an application for a Multistate License, according to the 27 UNOFFICIAL COPY 23 RS BR 380
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Rules of the Commission, a Member State’s State Licensing Authority shall 1
ascertain whether the applicant meets the requirements for a Multistate License 2
under this Compact. 3
C. If an applicant meets the requirements for a Multistate License under this 4
Compact and any applicable Rules of the Commission, the State Licensing 5
Authority in receipt of the application shall, within a reasonable time, grant a 6
Multistate License to that applicant, and inform all Member States of the grant of 7
said Multistate License. 8
D. A Multistate License to practice Cosmetology issued by a Member State’s State 9
Licensing Authority shall be recognized by each Member State as authorizing the 10
practice thereof as though that Licensee held a Single-State License to do so in 11
each Member State, subject to the restrictions herein. 12
E. A Multistate License granted pursuant to this Compact may be effective for a 13
definite period of time, concurrent with the licensure renewal period in the Home 14
State. 15
F. To maintain a Multistate License under this Compact, a Licensee must: 16
1. Agree to abide by the rules of the State Licensing Authority, and the State 17
scope of practice laws governing the Practice of Cosmetology, of any 18
Member State in which the Licensee provides services; 19
2. Pay all required fees related to the application and process, and any other 20
fees which the Commission may by Rule require; and 21
3. Comply with any and all other requirements regarding Multistate Licenses 22
which the Commission may by Rule provide. 23
G. A Licensee practicing in a Member State is subject to all scope of practice laws 24
governing Cosmetology Services in that State. 25
H. The Practice of Cosmetology under a Multistate License granted pursuant to this 26
Compact will subject the Licensee to the jurisdiction of the State Licensing 27 UNOFFICIAL COPY 23 RS BR 380
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Authority, the courts, and the laws of the Member State in which the Cosmetology 1
Services are provided. 2
ARTICLE 5. OBTAINING A NEW HOME STATE LICENSE UNDER THE 3
MULTISTATE LICENSE 4
A. A Licensee may hold a Multistate License, issued by their Home State, in only 5
one (1) Member State at any given time. 6
B. If a Licensee changes their Home State by moving between two (2) Member 7
States: 8
1. The Licensee shall immediately apply for the reissuance of their Multistate 9
License in their new Home State. The Licensee shall pay all applicable fees 10
and notify the prior Home State in accordance with the Rules of the 11
Commission. 12
2. Upon receipt of an application to reissue a Multistate License, the new 13
Home State shall verify that the Multistate License is active, unencumbered, 14
and eligible for reissuance under the terms of the Compact and the Rules of 15
the Commission. The Multistate License issued by the prior Home State will 16
be deactivated and all Member States notified in accordance with the 17
applicable Rules adopted by the Commission. 18
3. If required for initial licensure, the new Home State may require a 19
Background Check as specified in the laws of that State, or the compliance 20
with any Jurisprudence Requirements of the new Home State. 21
4. Notwithstanding any other provision of this Compact, if a Licensee does not 22
meet the requirements set forth in this Compact for the reissuance of a 23
Multistate License by the new Home State, then the Licensee shall be 24
subject to the new Home State requirements for the issuance of a Single-25
State License in that State. 26
C. If a Licensee changes their primary state of residence by moving from a Member 27 UNOFFICIAL COPY 23 RS BR 380
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State to a non-Member State, or from a non-Member State to a Member State, 1
then the Licensee shall be subject to the State requirements for the issuance of a 2
Single-State License in the new Home State. 3
D. Nothing in this Compact shall interfere with a Licensee’s ability to hold a Single-4
State License in multiple States; however, for the purposes of this Compact, a 5
Licensee shall have only one (1) Home State, and only one (1) Multistate License. 6
E. Nothing in this Compact shall interfere with the requirements established by a 7
Member State for the issuance of a Single-State License. 8
ARTICLE 6. AUTHORITY OF THE COSMETOLOGY LICENSURE COMPACT 9
COMMISSION AND MEMBER STATES STATE LICENSING AUTHORITIES 10
A. Nothing in this Compact, nor any Rule or regulation of the Commission, shall be 11
construed to limit, restrict, or in any way reduce the ability of a Member State to 12
enact and enforce laws, regulations, or other rules related to the Practice of 13
Cosmetology in that State, where those laws, regulations, or other rules are not 14
inconsistent with the provisions of this Compact. 15
B. Insofar as practical, a Member State’s State Licensing Authority shall cooperate 16
with the Commission and with each entity exercising independent regulatory 17
authority over the Practice of Cosmetology according to the provisions of this 18
Compact. 19
C. Discipline shall be the sole responsibility of the State in which Cosmetology 20
Services are provided. Accordingly, each Member State’s State Licensing 21
Authority shall be responsible for receiving complaints about individuals 22
practicing Cosmetology in that State, and for communicating all relevant 23
Investigative Information about any such Adverse Action to the other Member 24
States through the Data System in addition to any other methods the Commission 25
may by Rule require. 26
ARTICLE 7. ADVERSE ACTIONS 27 UNOFFICIAL COPY 23 RS BR 380
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A. A Licensee’s Home State shall have exclusive power to impose an Adverse Action 1
against a Licensee’s Multistate License issued by the Home State. 2
B. A Home State may take Adverse Action on a Multistate License based on the 3
Investigative Information, Current Significant Investigative Information, or 4
Adverse Action of a Remote State. 5
C. In addition to the powers conferred by State law, each Remote State’s State 6
Licensing Authority shall have the power to: 7
1. Take Adverse Action against a Licensee’s Authorization to Practice 8
Cosmetology through the Multistate License in that Member State, provided 9
that: 10
a. Only the Licensee’s Home State shall have the power to take Adverse 11
Action against the Multistate License issued by the Home State; and 12
b. For the purposes of taking Adverse Action, the Home State’s State 13
Licensing Authority shall give the same priority and effect to reported 14
conduct received from a Remote State as it would if such conduct had 15
occurred within the Home State. In so doing, the Home State shall 16
apply its own State laws to determine the appropriate action; 17
2. Issue cease and desist orders or impose an Encumbrance on a Licensee’s 18
Authorization to Practice within that Member State; 19
3. Complete any pending investigations of a Licensee who changes their 20
primary state of residence during the course of such an investigation. The 21
State Licensing Authority shall also be empowered to report the results of 22
such an investigation to the Commission through the Data System as 23
described herein; 24
4. Issue subpoenas for both hearings and investigations that require the 25
attendance and testimony of witnesses, as well as the production of 26
evidence. Subpoenas issued by a State Licensing Authority in a Member 27 UNOFFICIAL COPY 23 RS BR 380
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State for the attendance and testimony of witnesses or the production of 1
evidence from another Member State shall be enforced in the latter State by 2
any court of competent jurisdiction, according to the practice and procedure 3
of that court applicable to subpoenas issued in proceedings before it. The 4
issuing State Licensing Authority shall pay any witness fees, travel 5
expenses, mileage, and other fees required by the service statutes of the 6
State in which the witnesses or evidence are located; 7
5. If otherwise permitted by State law, recover from the affected Licensee the 8
costs of investigations and disposition of cases resulting from any Adverse 9
Action taken against that Licensee; and 10
6. Take Adverse Action against the Licensee’s Authorization to Practice in 11
that State based on the factual findings of another Remote State. 12
D. A Licensee’s Home State shall complete any pending investigation(s) of a 13
Cosmetologist who changes their primary state of residence during the course of 14
the investigation(s). The Home State shall also have the authority to take 15
appropriate action(s) and shall promptly report the conclusions of the 16
investigations to the Data System. 17
E. If an Adverse Action is taken by the Home State against Licensee’s Multistate 18
License, the Licensee’s Authorization to Practice in all other Member States shall 19
be deactivated until all Encumbrances have been removed from the Home State 20
license. All Home State disciplinary orders that impose an Adverse Action against 21
a Licensee’s Multistate License shall include a statement that the Cosmetologist’s 22
Authorization to Practice is deactivated in all Member States during the pendency 23
of the order. 24
F. Nothing in this Compact shall override a Member State’s authority to accept a 25
Licensee’s participation in an Alternative Program in lieu of Adverse Action. A 26
Licensee’s Multistate License shall be suspended for the duration of the 27 UNOFFICIAL COPY 23 RS BR 380
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Licensee’s participation in any Alternative Program. 1
G. Joint Investigations. 2
1. In addition to the authority granted to a Member State by its respective 3
scope of practice laws other applicable State law, a Member State may 4
participate with other Member States in joint investigations of Licensees. 5
2. Member States shall share any investigative, litigation, or compliance 6
materials in furtherance of any joint or individual investigation initiated 7
under the Compact. 8
ARTICLE 8. ACTIVE DUTY MILITARY AND THEIR SPOUSES 9
Active Duty personnel or their spouses shall designate a Home State where the 10
individual has a current license to practice Cosmetology in good standing. The 11
individual or their spouse may retain their Home State designation during any period 12
of service when that individual is on active duty assignment. 13
ARTICLE 9. ESTABLISHMENT OF COSMETOLOGY LICENSURE COMPACT 14
COMMISSION 15
A. The Compact Member States hereby create and establish a joint government 16
agency whose membership consists of all Member States that have enacted the 17
Compact known as the Cosmetology Licensure Compact Commission. The 18
Commission is an instrumentality of the Compact Member States acting jointly 19
and not an instrumentality of any one (1) State. The Commission shall come into 20
existence on or after the effective date of the Compact as set forth in Article 13. 21
B. Membership, Voting, and Meetings. 22
1. Each Member State shall have and be limited to one (1) delegate selected by 23
that Member State’s State Licensing Authority. 24
2. The delegate shall be an administrator of the State Licensing Authority of 25
the Member State or their designee. 26
3. The Commission shall by Rule or bylaw establish a term of office for 27 UNOFFICIAL COPY 23 RS BR 380
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delegates and may by Rule or bylaw establish term limits. 1
4. The Commission may recommend removal or suspension of any delegate 2
from office. 3
5. A Member State’s State Licensing Authority shall fill any vacancy of its 4
delegate occurring on the Commission within sixty (60) days of the vacancy. 5
6. Each delegate shall be entitled to one (1) vote on all matters that are voted 6
on by the Commission. 7
7. The Commission shall meet at least once during each calendar year. 8
Additional meetings may be held as set forth in the bylaws. The Commission 9
may meet by telecommunication, video conference, or other similar 10
electronic means. 11
C. The Commission shall have the following powers: 12
1. Establish the fiscal year of the Commission; 13
2. Establish code of conduct and conflict of interest policies; 14
3. Establish and amend Rules and bylaws; 15
4. Maintain its financial records in accordance with the bylaws; 16
5. Meet and take such actions as are consistent with the provisions of this 17
Compact, the Commission’s Rules, and the bylaws; 18
6. Initiate and conclude legal proceedings or actions in the name of the 19
Commission, provided that the standing of any State Licensing Authority to 20
sue or be sued under applicable law shall not be affected; 21
7. Maintain and certify records and information provided to a Member State 22
as the authenticated business records of the Commission, and designate an 23
agent to do so on the Commission's behalf; 24
8. Purchase and maintain insurance and bonds; 25
9. Borrow, accept, or contract for services of personnel, including, but not 26
limited to, employees of a Member State; 27 UNOFFICIAL COPY 23 RS BR 380
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10. Conduct an annual financial review; 1
11. Hire employees, elect or appoint officers, fix compensation, define duties, 2
grant such individuals appropriate authority to carry out the purposes of the 3
Compact, and establish the Commission’s personnel policies and programs 4
relating to conflicts of interest, qualifications of personnel, and other 5
related personnel matters; 6
12. As set forth in the Commission Rules, charge a fee to a Licensee for the 7
grant of a Multistate License and thereafter, as may be established by 8
Commission Rule, charge the Licensee a Multistate License renewal fee for 9
each renewal period. Nothing herein shall be construed to prevent a Home 10
State from charging a Licensee a fee for a Multistate License or renewals of 11
a Multistate License, or a fee for the jurisprudence requirement if the 12
Member State imposes such a requirement for the grant of Multistate 13
License; 14
13. Assess and collect fees; 15
14. Accept any and all appropriate gifts, donations, grants of money, other 16
sources of revenue, equipment, supplies, materials, and services, and 17
receive, utilize, and dispose of the same; provided that at all times the 18
Commission shall avoid any appearance of impropriety or conflict of 19
interest; 20
15. Lease, purchase, retain, own, hold, improve, or use any property, real, 21
personal, or mixed, or any undivided interest therein; 22
16. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise 23
dispose of any property real, personal, or mixed; 24
17. Establish a budget and make expenditures; 25
18. Borrow money; 26
19. Appoint committees, including standing committees, composed of members, 27 UNOFFICIAL COPY 23 RS BR 380
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State regulators, State legislators or their representatives, and consumer 1
representatives, and such other interested persons as may be designated in 2
this Compact and the bylaws; 3
20. Provide and receive information from, and cooperate with, law enforcement 4
agencies; 5
21. Elect a Chair, Vice Chair, Secretary and Treasurer and such other officers 6
of the Commission as provided in the Commission’s bylaws; 7
22. Establish and elect an Executive Committee, including a chair and a vice 8
chair; 9
23. Adopt and provide to the Participating States an annual report; 10
24. Determine whether a State’s adopted language is materially different from 11
the model Compact language such that the State would not qualify for 12
participation in the Compact; and 13
25. Perform such other functions as may be necessary or appropriate to achieve 14
the purposes of this Compact. 15
D. The Executive Committee. 16
1. The Executive Committee shall have the power to act on behalf of the 17
Commission according to the terms of this Compact. The powers, duties, 18
and responsibilities of the Executive Committee shall include: 19
a. Overseeing the day-to-day activities of the administration of the 20
Compact including compliance with the provisions of the Compact, 21
the Commission's Rules and bylaws, and other such duties as deemed 22
necessary; 23
b. Recommending to the Commission changes to the Rules or bylaws, 24
changes to this Compact legislation, fees charged to Compact Member 25
States, fees charged to Licensees, and other fees; 26
c. Ensuring Compact administration services are appropriately provided, 27 UNOFFICIAL COPY 23 RS BR 380
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including by contract; 1
d. Preparing and recommending the budget; 2
e. Maintaining financial records on behalf of the Commission; 3
f. Monitoring Compact compliance of Member States and providing 4
compliance reports to the Commission; 5
g. Establishing additional committees as necessary; 6
h. Exercising the powers and duties of the Commission during the 7
interim between Commission meetings, except for adopting or 8
amending Rules, adopting or amending bylaws, and exercising any 9
other powers and duties expressly reserved to the Commission by Rule 10
or bylaw; and 11
i. Other duties as provided in the Rules or bylaws of the Commission. 12
2. The Executive Committee shall be composed of up to seven (7) voting 13
members: 14
a. The chair and vice chair of the Commission and any other members if 15
the Commission who serve on the Executive Committee shall be voting 16
members of the Executive Committee; and 17
b. Other than the chair and vice-chair, secretary and treasurer, the 18
Commission shall elect three voting members from the current 19
membership of the Commission. 20
c. The Commission may elect ex officio, nonvoting members from a 21
recognized national Cosmetology professional association as approved 22
by the Commission. The Commission’s bylaws shall identify qualifying 23
organizations and the manner of appointment if the number of 24
organizations seeking to appoint an ex officio member exceeds the 25
number of members specified in this Article. 26
3. The Commission may remove any member of the Executive Committee as 27 UNOFFICIAL COPY 23 RS BR 380
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provided in the Commission’s bylaws. 1
4. The Executive Committee shall meet at least annually. 2
a. Annual Executive Committee meetings, as well as any Executive 3
Committee meeting at which it does not take or intend to take formal 4
action on a matter for which a Commission vote would otherwise be 5
required, shall be open to the public, except that the Executive 6
Committee may meet in a closed, non-public session of a public 7
meeting when dealing with any of the matters covered under Article 8
9.F.4. 9
b. The Executive Committee shall give five (5) business days advance 10
notice of its public meetings, posted on its website and as determined 11
to provide notice to persons with an interest in the public matters the 12
Executive Committee intends to address at those meetings. 13
5. The Executive Committee may hold an emergency meeting when acting for 14
the Commission to: 15
a. Meet an imminent threat to public health, safety, or welfare; 16
b. Prevent a loss of Commission or Participating State funds; or 17
c. Protect public health and safety. 18
E. The Commission shall adopt and provide to the Member States an annual report. 19
F. Meetings of the Commission. 20
1. All meetings of the Commission that are not closed pursuant to Article 9.F.4 21
shall be open to the public. Notice of public meetings shall be posted on the 22
Commission’s website at least thirty (30) days prior to the public meeting. 23
2. Notwithstanding Article 9.F.1, the Commission may convene an emergency 24
public meeting by providing at least twenty-four (24) hours prior notice on 25
the Commission’s website, and any other means as provided in the 26
Commission’s Rules, for any of the reasons it may dispense with notice of 27 UNOFFICIAL COPY 23 RS BR 380
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proposed rulemaking under Article 11.L. The Commission’s legal counsel 1
shall certify the that one of the reasons justifying an emergency public 2
meeting has been met. 3
3. Notice of all Commission meetings shall provide the time, date, and location 4
of the meeting, and if the meeting is to be held or accessible via 5
telecommunication, video conference, or other electronic means, the notice 6
shall include the mechanism for access to the meeting. 7
4. The Commission may convene in a closed, non-public meeting for the 8
Commission to discuss: 9
a. Non-compliance of a Member State with its obligations under the 10
Compact; 11
b. The employment, compensation, discipline or other matters, practices 12
or procedures related to specific employees or other matters related to 13
the Commission’s internal personnel practices and procedures; 14
c. Current or threatened discipline of a Licensee by the Commission or 15
by a Member State’s State Licensing Authority; 16
d. Current, threatened, or reasonably anticipated litigation; 17
e. Negotiation of contracts for the purchase, lease, or sale of goods, 18
services, or real estate; 19
f. Accusing any person of a crime or formally censuring any person; 20
g. Trade secrets or commercial or financial information that is privileged 21
or confidential; 22
h. Information of a personal nature where disclosure would constitute a 23
clearly unwarranted invasion of personal privacy; 24
i. Investigative records compiled for law enforcement purposes; 25
j. Information related to any investigative reports prepared by or on 26
behalf of or for use of the Commission or other committee charged 27 UNOFFICIAL COPY 23 RS BR 380
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with responsibility of investigation or determination of compliance 1
issues pursuant to the Compact; 2
k. Legal Advice; 3
l. Matters specifically exempted from disclosure by federal or Member 4
State law; or 5
m. Other matters as promulgated by the Commission by Rule. 6
5. If a meeting, or portion of a meeting, is closed, the presiding officer shall 7
state that the meeting will be closed and reference each relevant exempting 8
provision, and such reference shall be recorded in the minutes. 9
6. The Commission shall keep minutes that fully and clearly describe all 10
matters discussed in a meeting and shall provide a full and accurate 11
summary of actions taken, and the reasons therefor, including a description 12
of the views expressed. All documents considered in connection with an 13
action shall be identified in such minutes. All minutes and documents of a 14
closed meeting shall remain under seal, subject to release only by a majority 15
vote of the Commission or order of a court of competent jurisdiction. 16
G. Financing of the Commission. 17
1. The Commission shall pay, or provide for the payment of, the reasonable 18
expenses of its establishment, organization, and ongoing activities. 19
2. The Commission may accept any and all appropriate sources of revenue, 20
donations, and grants of money, equipment, supplies, materials, and 21
services. 22
3. The Commission may levy on and collect an annual assessment from each 23
Member State and impose fees on Licensees of Member States to whom it 24
grants a Multistate License to cover the cost of the operations and activities 25
of the Commission and its staff, which must be in a total amount sufficient 26
to cover its annual budget as approved each year for which revenue is not 27 UNOFFICIAL COPY 23 RS BR 380
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provided by other sources. The aggregate annual assessment amount for 1
Member States shall be allocated based upon a formula that the 2
Commission shall promulgate by Rule. 3
4. The Commission shall not incur obligations of any kind prior to securing 4
the funds adequate to meet the same; nor shall the Commission pledge the 5
credit of any of the Member States, except by and with the authority of the 6
Member State. 7
5. The Commission shall keep accurate accounts of all receipts and 8
disbursements. The receipts and disbursements of the Commission shall be 9
subject to the financial review and accounting procedures established under 10
its bylaws. All receipts and disbursements of funds handled by the 11
Commission shall be subject to an annual financial review by a certified or 12
licensed public accountant, and the report of the financial review shall be 13
included in and become part of the annual report of the Commission. 14
H. Qualified Immunity, Defense, and Indemnification. 15
1. The members, officers, executive director, employees and representatives of 16
the Commission shall be immune from suit and liability, both personally 17
and in their official capacity, for any claim for damage to or loss of property 18
or personal injury or other civil liability caused by or arising out of any 19
actual or alleged act, error, or omission that occurred, or that the person 20
against whom the claim is made had a reasonable basis for believing 21
occurred within the scope of Commission employment, duties or 22
responsibilities; provided that nothing in this paragraph shall be construed 23
to protect any such person from suit or liability for any damage, loss, injury, 24
or liability caused by the intentional or willful or wanton misconduct of that 25
person. The procurement of insurance of any type by the Commission shall 26
not in any way compromise or limit the immunity granted hereunder. 27 UNOFFICIAL COPY 23 RS BR 380
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2. The Commission shall defend any member, officer, executive director, 1
employee, and representative of the Commission in any civil action seeking 2
to impose liability arising out of any actual or alleged act, error, or omission 3
that occurred within the scope of Commission employment, duties, or 4
responsibilities, or as determined by the Commission that the person against 5
whom the claim is made had a reasonable basis for believing occurred 6
within the scope of Commission employment, duties, or responsibilities; 7
provided that nothing herein shall be construed to prohibit that person from 8
retaining their own counsel at their own expense; and provided further, that 9
the actual or alleged act, error, or omission did not result from that person’s 10
intentional or willful or wanton misconduct. 11
3. The Commission shall indemnify and hold harmless any member, officer, 12
executive director, employee, and representative of the Commission for the 13
amount of any settlement or judgment obtained against that person arising 14
out of any actual or alleged act, error, or omission that occurred within the 15
scope of Commission employment, duties, or responsibilities, or that such 16
person had a reasonable basis for believing occurred within the scope of 17
Commission employment, duties, or responsibilities, provided that the actual 18
or alleged act, error, or omission did not result from the intentional or 19
willful or wanton misconduct of that person. 20
4. Nothing herein shall be construed as a limitation on the liability of any 21
Licensee for professional malpractice or misconduct, which shall be 22
governed solely by any other applicable State laws. 23
5. Nothing in this Compact shall be interpreted to waive or otherwise abrogate 24
a Member State’s State action immunity or State action affirmative defense 25
with respect to antitrust claims under the Sherman Act, Clayton Act, or any 26
other State or federal antitrust or anticompetitive law or regulation. 27 UNOFFICIAL COPY 23 RS BR 380
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6. Nothing in this Compact shall be construed to be a waiver of sovereign 1
immunity by the Member States or by the Commission. 2
ARTICLE 10. DATA SYSTEM 3
A. The Commission shall provide for the development, maintenance, operation, and 4
utilization of a coordinated database and reporting system. 5
B. The Commission shall assign each applicant for a Multistate License a unique 6
identifier, as determined by the Rules of the Commission. 7
C. Notwithstanding any other provision of State law to the contrary, a Member State 8
shall submit a uniform data set to the Data System on all individuals to whom this 9
Compact is applicable as required by the Rules of the Commission, including: 10
1. Identifying information; 11
2. Licensure data; 12
3. Adverse Actions against a license and information related thereto; 13
4. Non-confidential information related to Alternative Program participation, 14
the beginning and ending dates of such participation, and other information 15
related to such participation; 16
5. Any denial of application for licensure, and the reason(s) for such denial 17
(excluding the reporting of any criminal history record information where 18
prohibited by law); 19
6. The existence of Investigative Information; 20
7. The existence of Current Significant Investigative Information; and 21
8. Other information that may facilitate the administration of this Compact or 22
the protection of the public, as determined by the Rules of the Commission. 23
D. The records and information provided to a Member State pursuant to this 24
Compact or through the Data System, when certified by the Commission or an 25
agent thereof, shall constitute the authenticated business records of the 26
Commission, and shall be entitled to any associated hearsay exception in any 27 UNOFFICIAL COPY 23 RS BR 380
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relevant judicial, quasi-judicial or administrative proceedings in a Member State. 1
E. The existence of Current Significant Investigative Information and the existence 2
of Investigative Information pertaining to a Licensee in any Member State will 3
only be available to other Member States. 4
F. It is the responsibility of the Member States to monitor the database to determine 5
whether Adverse Action has been taken against such a Licensee or License 6
applicant. Adverse Action information pertaining to a Licensee or License 7
applicant in any Member State will be available to any other Member State. 8
G. Member States contributing information to the Data System may designate 9
information that may not be shared with the public without the express 10
permission of the contributing State. 11
H. Any information submitted to the Data System that is subsequently expunged 12
pursuant to federal law or the laws of the Member State contributing the 13
information shall be removed from the Data System. 14
ARTICLE 11. RULEMAKING 15
A. The Commission shall promulgate reasonable Rules in order to effectively and 16
efficiently implement and administer the purposes and provisions of the Compact. 17
A Rule shall be invalid and have no force or effect only if a court of competent 18
jurisdiction holds that the Rule is invalid because the Commission exercised its 19
rulemaking authority in a manner that is beyond the scope and purposes of the 20
Compact, or the powers granted hereunder, or based upon another applicable 21
standard of review. 22
B. The Rules of the Commission shall have the force of law in each Member State, 23
provided however that where the Rules of the Commission conflict with the laws 24
of the Member State that establish the Member State’s scope of practice laws 25
governing the Practice of Cosmetology as held by a court of competent 26
jurisdiction, the Rules of the Commission shall be ineffective in that State to the 27 UNOFFICIAL COPY 23 RS BR 380
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extent of the conflict. 1
C. The Commission shall exercise its rulemaking powers pursuant to the criteria set 2
forth in this Article and the Rules adopted thereunder. Rules shall become 3
binding as of the date specified by the Commission for each Rule. 4
D. If a majority of the legislatures of the Member States rejects a Rule or portion of 5
a Rule, by enactment of a statute or resolution in the same manner used to adopt 6
the Compact within four (4) years of the date of adoption of the Rule, then such 7
Rule shall have no further force and effect in any Member State or to any State 8
applying to participate in the Compact. 9
E. Rules shall be adopted at a regular or special meeting of the Commission. 10
F. Prior to adoption of a proposed Rule, the Commission shall hold a public hearing 11
and allow persons to provide oral and written comments, data, facts, opinions, 12
and arguments. 13
G. Prior to adoption of a proposed Rule by the Commission, and at least thirty (30) 14
days in advance of the meeting at which the Commission will hold a public 15
hearing on the proposed Rule, the Commission shall provide a notice of proposed 16
rulemaking: 17
1. On the website of the Commission or other publicly accessible platform; 18
2. To persons who have requested notice of the Commission’s notices of 19
proposed rulemaking; and 20
3. In such other way(s) as the Commission may by Rule specify. 21
H. The notice of proposed rulemaking shall include: 22
1. The time, date, and location of the public hearing at which the Commission 23
will hear public comments on the proposed Rule and, if different, the time, 24
date, and location of the meeting where the Commission will consider and 25
vote on the proposed Rule; 26
2. If the hearing is held via telecommunication, video conference, or other 27 UNOFFICIAL COPY 23 RS BR 380
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electronic means, the Commission shall include the mechanism for access 1
to the hearing in the notice of proposed rulemaking; 2
3. The text of the proposed Rule and the reason therefor; 3
4. A request for comments on the proposed Rule from any interested person; 4
and 5
5. The manner in which interested persons may submit written comments. 6
I. All hearings will be recorded. A copy of the recording and all written comments 7
and documents received by the Commission in response to the proposed Rule 8
shall be available to the public. 9
J. Nothing in this Article shall be construed as requiring a separate hearing on each 10
Rule. Rules may be grouped for the convenience of the Commission at hearings 11
required by this Article. 12
K. The Commission shall, by majority vote of all members, take final action on the 13
proposed Rule based on the rulemaking record and the full text of the Rule. 14
1. The Commission may adopt changes to the proposed Rule provided the 15
changes do not enlarge the original purpose of the proposed Rule. 16
2. The Commission shall provide an explanation of the reasons for substantive 17
changes made to the proposed Rule as well as reasons for substantive 18
changes not made that were recommended by commenters. 19
3. The Commission shall determine a reasonable effective date for the Rule. 20
Except for an emergency as provided in Article 11.L., the effective date of 21
the Rule shall be no sooner than forty-five (45) days after issuing the notice 22
that it adopted or amended the Rule. 23
L. Upon determination that an emergency exists, the Commission may consider and 24
adopt an emergency Rule with five (5) days' notice, with opportunity to comment, 25
provided that the usual rulemaking procedures provided in the Compact and in 26
this Article shall be retroactively applied to the Rule as soon as reasonably 27 UNOFFICIAL COPY 23 RS BR 380
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possible, in no event later than ninety (90) days after the effective date of the 1
Rule. For the purposes of this provision, an emergency Rule is one that must be 2
adopted immediately to: 3
1. Meet an imminent threat to public health, safety, or welfare; 4
2. Prevent a loss of Commission or Member State funds; 5
3. Meet a deadline for the promulgation of a Rule that is established by federal 6
law or rule; or 7
4. Protect public health and safety. 8
M. The Commission or an authorized committee of the Commission may direct 9
revisions to a previously adopted Rule for purposes of correcting typographical 10
errors, errors in format, errors in consistency, or grammatical errors. Public 11
notice of any revisions shall be posted on the website of the Commission. The 12
revision shall be subject to challenge by any person for a period of thirty (30) 13
days after posting. The revision may be challenged only on grounds that the 14
revision results in a material change to a Rule. A challenge shall be made in 15
writing and delivered to the Commission prior to the end of the notice period. If 16
no challenge is made, the revision will take effect without further action. If the 17
revision is challenged, the revision may not take effect without the approval of the 18
Commission. 19
N. No Member State’s rulemaking requirements shall apply under this Compact. 20
ARTICLE 12. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT 21
A. Oversight. 22
1. The executive and judicial branches of State government in each Member 23
State shall enforce this Compact and take all actions necessary and 24
appropriate to implement the Compact. 25
2. Venue is proper and judicial proceedings by or against the Commission 26
shall be brought solely and exclusively in a court of competent jurisdiction 27 UNOFFICIAL COPY 23 RS BR 380
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where the principal office of the Commission is located. The Commission 1
may waive venue and jurisdictional defenses to the extent it adopts or 2
consents to participate in alternative dispute resolution proceedings. 3
Nothing herein shall affect or limit the selection or propriety of venue in 4
any action against a Licensee for professional malpractice, misconduct, or 5
any such similar matter. 6
3. The Commission shall be entitled to receive service of process in any 7
proceeding regarding the enforcement or interpretation of the Compact and 8
shall have standing to intervene in such a proceeding for all purposes. 9
Failure to provide the Commission service of process shall render a 10
judgment or order void as to the Commission, this Compact, or promulgated 11
Rules. 12
B. Default, Technical Assistance, and Termination. 13
1. If the Commission determines that a Member State has defaulted in the 14
performance of its obligations or responsibilities under this Compact or the 15
promulgated Rules, the Commission shall provide written notice to the 16
defaulting State. The notice of default shall describe the default, the 17
proposed means of curing the default, and any other action that the 18
Commission may take, and shall offer training and specific technical 19
assistance regarding the default. 20
2. The Commission shall provide a copy of the notice of default to the other 21
Member States. 22
3. If a State in default fails to cure the default, the defaulting State may be 23
terminated from the Compact upon an affirmative vote of a majority of the 24
delegates of the Member States, and all rights, privileges and benefits 25
conferred on that State by this Compact may be terminated on the effective 26
date of termination. A cure of the default does not relieve the offending 27 UNOFFICIAL COPY 23 RS BR 380
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State of obligations or liabilities incurred during the period of default. 1
4. Termination of membership in the Compact shall be imposed only after all 2
other means of securing compliance have been exhausted. Notice of intent 3
to suspend or terminate shall be given by the Commission to the governor, 4
the majority and minority leaders of the defaulting State’s legislature, the 5
defaulting State’s State Licensing Authority and each of the Member States’ 6
State Licensing Authority. 7
5. A State that has been terminated is responsible for all assessments, 8
obligations, and liabilities incurred through the effective date of 9
termination, including obligations that extend beyond the effective date of 10
termination. 11
6. Upon the termination of a State’s membership from this Compact, that State 12
shall immediately provide notice to all Licensees within that State of such 13
termination. The terminated State shall continue to recognize all licenses 14
granted pursuant to this Compact for a minimum of one hundred eighty 15
(180) days after the date of said notice of termination. 16
7. The Commission shall not bear any costs related to a State that is found to 17
be in default or that has been terminated from the Compact, unless agreed 18
upon in writing between the Commission and the defaulting State. 19
8. The defaulting State may appeal the action of the Commission by 20
petitioning the U.S. District Court for the District of Columbia or the 21
federal district where the Commission has its principal offices. The 22
prevailing party shall be awarded all costs of such litigation, including 23
reasonable attorney’s fees. 24
C. Dispute Resolution. 25
1. Upon request by a Member State, the Commission shall attempt to resolve 26
disputes related to the Compact that arise among Member States and 27 UNOFFICIAL COPY 23 RS BR 380
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between Member States and non-Member States. 1
2. The Commission shall promulgate a Rule providing for both mediation and 2
binding dispute resolution for disputes as appropriate. 3
D. Enforcement. 4
1. The Commission, in the reasonable exercise of its discretion, shall enforce 5
the provisions of this Compact and the Commission’s Rules. 6
2. By majority vote as provided by Commission Rule, the Commission may 7
initiate legal action against a Member State in default in the United States 8
District Court for the District of Columbia or the federal district where the 9
Commission has its principal offices to enforce compliance with the 10
provisions of the Compact and its promulgated Rules. The relief sought may 11
include both injunctive relief and damages. In the event judicial 12
enforcement is necessary, the prevailing party shall be awarded all costs of 13
such litigation, including reasonable attorney’s fees. The remedies herein 14
shall not be the exclusive remedies of the Commission. The Commission 15
may pursue any other remedies available under federal or the defaulting 16
Member State’s law. 17
3. A Member State may initiate legal action against the Commission in the 18
U.S. District Court for the District of Columbia or the federal district where 19
the Commission has its principal offices to enforce compliance with the 20
provisions of the Compact and its promulgated Rules. The relief sought may 21
include both injunctive relief and damages. In the event judicial 22
enforcement is necessary, the prevailing party shall be awarded all costs of 23
such litigation, including reasonable attorney’s fees. 24
4. No person other than a Member State shall enforce this Compact against 25
the Commission. 26
ARTICLE 13. EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT 27 UNOFFICIAL COPY 23 RS BR 380
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A. The Compact shall come into effect on the date on which the Compact statute is 1
enacted into law in the seventh Member State. 2
1. On or after the effective date of the Compact, the Commission shall convene 3
and review the enactment of each of the Charter Member States to 4
determine if the statute enacted by each such Charter Member State is 5
materially different than the model Compact statute. 6
a. A Charter Member State whose enactment is found to be materially 7
different from the model Compact statute shall be entitled to the 8
default process set forth in Article 12. 9
b. If any Member State is later found to be in default, or is terminated or 10
withdraws from the Compact, the Commission shall remain in 11
existence and the Compact shall remain in effect even if the number 12
of Member States should be less than seven (7). 13
2. Member States enacting the Compact subsequent to the Charter Member 14
States shall be subject to the process set forth in Article 9.C.24 to determine 15
if their enactments are materially different from the model Compact statute 16
and whether they qualify for participation in the Compact. 17
3. All actions taken for the benefit of the Commission or in furtherance of the 18
purposes of the administration of the Compact prior to the effective date of 19
the Compact or the Commission coming into existence shall be considered 20
to be actions of the Commission unless specifically repudiated by the 21
Commission. 22
a. Any State that joins the Compact subsequent to the Commission’s 23
Rules and bylaws as they exist on the date on which the Compact 24
becomes law in that State. Any Rule that has been previously adopted 25
by the Commission shall have the full force and effect of law on the 26
day the Compact becomes law in that State. 27 UNOFFICIAL COPY 23 RS BR 380
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B. Any Member State may withdraw from this Compact by enacting a statute 1
repealing the same. 2
1. A Member State’s withdrawal shall not take effect until one hundred eighty 3
(180) days after enactment of the repealing statute. 4
2. Withdrawal shall not affect the continuing requirement of the withdrawing 5
State’s Licensing Authority to comply with the investigative and Adverse 6
Action reporting requirements of this Compact prior to the effective date of 7
withdrawal. 8
3. Upon the enactment of a statute withdrawing from this Compact, a State 9
shall immediately provide notice of such withdrawal to all Licensees within 10
that State. Notwithstanding any subsequent statutory enactment to the 11
contrary, such withdrawing State shall continue to recognize all licenses 12
granted pursuant to this Compact for a minimum of six (6) months after the 13
date of such notice of withdrawal. 14
C. Nothing contained in this Compact shall be construed to invalidate or prevent 15
any licensure agreement or other cooperative arrangement between a Member 16
State and a non-Member State that does not conflict with the provisions of this 17
Compact. 18
D. This Compact may be amended by the Member States. No amendment to this 19
Compact shall become effective and binding upon any Member State until it is 20
enacted into the laws of all Member States. 21
ARTICLE 14. CONSTRUCTION AND SEVERABILITY 22
A. This Compact and the Commission’s rulemaking authority shall be liberally 23
construed so as to effectuate the purposes, and the implementation and 24
administration of the Compact. Provisions of the Compact expressly authorizing 25
or requiring the promulgation of Rules shall not be construed to limit the 26
Commission’s rulemaking authority solely for those purposes. 27 UNOFFICIAL COPY 23 RS BR 380
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B. The provisions of this Compact shall be severable and if any phrase, clause, 1
sentence or provision of this Compact is held by a court of competent jurisdiction 2
to be contrary to the constitution of any Member State, a State seeking 3
participation in the Compact, or of the United States, or the applicability thereof 4
to any government, agency, person or circumstance is held to be unconstitutional 5
by a court of competent jurisdiction, the validity of the remainder of this Compact 6
and the applicability thereof to any other government, agency, person or 7
circumstance shall not be affected thereby. 8
C. Notwithstanding Article 14.B., the Commission may deny a State’s participation 9
in the Compact or, in accordance with the requirements of Article 12, terminate a 10
Member State’s participation in the Compact, if it determines that a 11
constitutional requirement of a Member State is a material departure from the 12
Compact. Otherwise, if this Compact shall be held to be contrary to the 13
constitution of any Member State, the Compact shall remain in full force and 14
effect as to the remaining Member States and in full force and effect as to the 15
Member State affected as to all severable matters. 16
ARTICLE 15. CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE 17
LAWS 18
A. Nothing herein shall prevent or inhibit the enforcement of any other law of a 19
Member State that is not inconsistent with the Compact. 20
B. Any laws, statutes, regulations, or other legal requirements in a Member State in 21
conflict with the Compact are superseded to the extent of the conflict. 22
C. All permissible agreements between the Commission and the Member States are 23
binding in accordance with their terms. 24
ARTICLE 16. APPLICABILITY OF KENTUCKY STATE GOVERNMEN T 25
In order to clarify the effect of certain provisions of this Compact and to ensure that 26
the rights and responsibilities of the various branches of government are maintained, 27 UNOFFICIAL COPY 23 RS BR 380
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the following shall be in effect in this state: 1
A. By entering into this Compact, this State authorizes the State Licensing Authority 2
as defined in Article 2.S. of this Compact and as created by KRS Chapter 317A to 3
implement the provisions of this Compact. 4
B. Notwithstanding any provision of this Compact to the contrary: 5
1. When a rule is adopted pursuant to Article 11 of this Compact, the State 6
Licensing Authority of this State as defined by Article 2.Z. of this Compact 7
shall have sixty (60) days to review the rule for the purpose of filing the rule 8
as an emergency administrative regulation pursuant to KRS 13A.190 and 9
for filing the rule as an accompanying ordinary administrative regulation, 10
following the requirements of KRS Chapter 13A. Failure by the State 11
Licensing Authority of this State as defined by Article 2.Z. of this Compact 12
to promulgate a rule adopted by the Cosmetology Licensure Compact 13
Commission as an administrative regulation pursuant to KRS Chapter 13A 14
shall result in withdrawal as set forth in Article 13 of this Compact. Nothing 15
in these provisions shall negate the applicability of a Commission rule or 16
Article 11 of this Compact to this state. 17
2. If the proposed administrative regulation is found deficient and the 18
deficiency is not resolved pursuant to KRS 13A.330 or 13A.335, the 19
provisions of Article 12 of this Compact shall apply. If the deficiency is 20
resolved in a manner determined by the Commission to be inconsistent with 21
this Compact or its rules, or if the procedures under Article 12 of this 22
Compact fail to resolve an issue, the withdrawal provisions of Article 13 of 23
this Compact shall apply. 24
3. If a court of competent jurisdiction determines that the Cosmetology 25
Licensure Compact Commission created by Article 9 of this Compact 26
exercises its Rulemaking authority in a manner that is beyond the scope of 27 UNOFFICIAL COPY 23 RS BR 380
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the purposes of this Compact, or the powers granted under this Compact, 1
then such an action by the Commission shall be invalid and have no force 2
or effect. 3
C. Article 9.G. of this Compact pertaining to the financing of the Commission shall 4
not be interpreted to obligate the general fund of this State. Any funds used to 5
finance this Compact shall be from money collected pursuant to KRS 317A.080. 6
D. This Compact shall apply only to those licensed Cosmetologists who practice or 7
work under a Compact privilege. 8