MD
Maryland House Bill HB383

Maryland 2024 Regular Session

Maryland House Bill HB383 Compare Versions

OldNewDifferences
1- WES MOORE, Governor Ch. 328
21
3-– 1 –
4-Chapter 328
5-(House Bill 383)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ *hb0383*
89
9-Cosmetology Licensure Compact
10+HOUSE BILL 383
11+C3 4lr1147
12+ CF SB 27
13+By: Delegates Smith and Shetty
14+Introduced and read first time: January 17, 2024
15+Assigned to: Economic Matters
16+Committee Report: Favorable
17+House action: Adopted
18+Read second time: February 13, 2024
1019
11-FOR the purpose of entering into the Cosmetology Licensure Compact; establishing criteria
12-for participating states; authorizing an individual practicing cosmetology to practice
13-in a party state under certain circumstances; establishing the Cosmetology
14-Licensure Compact Commission and its duties and powers; providing for the
15-amendment of and withdrawal from the Compact; and generally relating to the
16-Cosmetology Licensure Compact.
20+CHAPTER ______
1721
18-BY adding to
19- Article – Business Occupations and Professions
20-Section 5–6A–01 to be under the new subtitle “Subtitle 6A. Cosmetology Licensure
21-Compact”
22- Annotated Code of Maryland
23- (2018 Replacement Volume and 2023 Supplement)
22+AN ACT concerning 1
2423
25- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
26-That the Laws of Maryland read as follows:
24+Cosmetology Licensure Compact 2
2725
28-Article – Business Occupations and Professions
26+FOR the purpose of entering into the Cosmetology Licensure Compact; establishing criteria 3
27+for participating states; authorizing an individual practicing cosmetology to practice 4
28+in a party state under certain circumstances; establishing the Cosmetology 5
29+Licensure Compact Commission and its duties and powers; providing for the 6
30+amendment of and withdrawal from the Compact; and generally relating to the 7
31+Cosmetology Licensure Compact. 8
2932
30-SUBTITLE 6A. COSMETOLOGY LICENSURE COMPACT.
33+BY adding to 9
34+ Article – Business Occupations and Professions 10
35+Section 5–6A–01 to be under the new subtitle “Subtitle 6A. Cosmetology Licensure 11
36+Compact” 12
37+ Annotated Code of Maryland 13
38+ (2018 Replacement Volume and 2023 Supplement) 14
3139
32-5–6A–01.
40+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
41+That the Laws of Maryland read as follows: 16
3342
34- THE COSMETOLOGY LICENSURE COMPACT IS HEREBY ENACTED AN D
35-ENTERED INTO WITH AL L OTHER JURISDICTION S THAT LEGALLY JOIN IN THE
36-COMPACT IN THE FORM SUBSTANTIAL LY AS THE COMPACT APPEARS IN TH IS
37-SECTION AS FOLLOWS :
43+Article – Business Occupations and Professions 17
3844
39-ARTICLE 1. PURPOSE.
45+SUBTITLE 6A. COSMETOLOGY LICENSURE COMPACT. 18
4046
41- THE PURPOSE OF THIS COMPACT IS TO FACILIT ATE THE INTERSTATE
42-PRACTICE AND REGULAT ION OF COSMETOLOGY WITH THE GOAL OF IMPROVING
43-PUBLIC ACCESS TO , AND THE SAFETY OF , COSMETOLOGY SERVICES AND REDUCING
44-UNNECESSARY BURDENS RELATED TO COSMETOLOGY LICENSURE. THROUGH THIS
45-COMPACT, THE MEMBER STATES SEEK TO ESTABL ISH A REGULATORY FRA MEWORK
46-WHICH PROVIDES FOR A NEW MULTIST ATE LICENSING PROGRA M. THROUGH THIS
47-NEW LICENSING PROGRA M, THE MEMBER STATES SEEK TO PROVID E INCREASED Ch. 328 2024 LAWS OF MARYLAND
47+5–6A–01. 19
48+ 2 HOUSE BILL 383
4849
49-– 2 –
50-VALUE AND MOBILITY T O LICENSED COSMETOLOGISTS IN THE MEMBER STATES,
51-WHILE ENSURING THE P ROVISION OF SAFE , EFFECTIVE, AND RELIABLE SER VICES
52-TO THE PUBLIC.
5350
54- THIS COMPACT IS DESIGNED T O ACHIEVE THE FOLLOW ING OBJECTIVES AND
55-THE MEMBER STATES HEREBY RATIFY THE SAME INTENTIONS BY SUBSCRIBING
56-HERETO:
51+ THE COSMETOLOGY LICENSURE COMPACT IS HEREBY ENACTED AN D 1
52+ENTERED INTO WITH AL L OTHER JURISDICTION S THAT LEGALLY JOIN IN THE 2
53+COMPACT IN THE FORM S UBSTANTIALLY AS THE COMPACT APPEARS IN TH IS 3
54+SECTION AS FOLLOWS : 4
5755
58- A. PROVIDE OPPORTUNITIES FOR INTERSTATE PRACT ICE BY
59-COSMETOLOGISTS WHO MEET UNIFORM REQUIREMENTS FOR MUL TISTATE
60-LICENSURE;
56+ARTICLE 1. PURPOSE. 5
6157
62- B. ENHANCE THE ABILITIES OF MEMBER STATES TO PROTECT PUB LIC
63-HEALTH AND SAFETY AN D PREVENT FRAUD AND UNLICENSED ACTIVITY WITHIN THE
64-PROFESSION;
58+ THE PURPOSE OF THIS COMPACT IS TO FACILIT ATE THE INTERSTATE 6
59+PRACTICE AND REGULAT ION OF COSMETOLOGY WITH THE GOAL OF IMPROVING 7
60+PUBLIC ACCESS TO , AND THE SAFETY OF , COSMETOLOGY SERVICES AND REDUCING 8
61+UNNECESSARY BURDENS RELATED TO COSMETOLOGY LICENSURE. THROUGH THIS 9
62+COMPACT, THE MEMBER STATES SEEK TO ESTABL ISH A REGULATORY FRA MEWORK 10
63+WHICH PROVIDES FOR A NEW M ULTISTATE LICENSING PROGRAM. THROUGH THIS 11
64+NEW LICENSING PROGRA M, THE MEMBER STATES SEEK TO PROVID E INCREASED 12
65+VALUE AND MOBILITY T O LICENSED COSMETOLOGISTS IN THE MEMBER STATES, 13
66+WHILE ENSURING THE P ROVISION OF SAFE , EFFECTIVE, AND RELIABLE SERVICE S 14
67+TO THE PUBLIC. 15
6568
66- C. ENSURE AND ENCOURAGE COOPERATION BETWEEN MEMBER STATES
67-IN THE LICENSURE AND REGULATION OF THE PRACTICE OF COSMETOLOGY ;
69+ THIS COMPACT IS DESIGNED T O ACHIEVE THE FOLLOW ING OBJECTIVES AND 16
70+THE MEMBER STATES HEREBY RATIFY THE SAME INTENTIONS BY SUBSCRIBING 17
71+HERETO: 18
6872
69- D. SUPPORT RELOCATING MI LITARY MEMBERS AND T HEIR SPOUSES;
73+ A. PROVIDE OPPORTUNITIES FOR INTERSTATE PRACT ICE BY 19
74+COSMETOLOGISTS WHO MEET UNIFORM REQ UIREMENTS FOR MULTIS TATE 20
75+LICENSURE; 21
7076
71- E. FACILITATE THE EXCHAN GE OF INFORMATION BE TWEEN MEMBER
72-STATES RELATED TO THE LICEN SURE, INVESTIGATION , AND DISCIPLINE OF TH E
73-PRACTICE OF COSMETOLOGY ;
77+ B. ENHANCE THE ABILITIES OF MEMBER STATES TO PROTECT PUB LIC 22
78+HEALTH AND SAFETY AN D PREVENT FRAUD AND UNLICENSED ACTIVITY WITHIN THE 23
79+PROFESSION; 24
7480
75- F. PROVIDE FOR THE LICEN SURE AND MOBILITY OF THE WORKFORCE IN
76-THE PROFESSION WHILE ADDRESSING THE SHORTAGE OF WORKERS AND LESSENIN G
77-THE ASSOCIATED BURDE NS ON THE MEMBER STATES.
81+ C. ENSURE AND ENCOURAGE COOPERATION BETWEEN MEMBER STATES 25
82+IN THE LICENSURE AND REGULATION OF THE PRACTICE OF COSMETOLOGY ; 26
7883
79-ARTICLE 2. DEFINITIONS.
84+ D. SUPPORT RELOCATING MI LITARY MEMBERS AND T HEIR SPOUSES; 27
8085
81- AS USED IN THIS COMPACT, AND EXCEPT AS OTHERW ISE PROVIDED, THE
82-FOLLOWING DEFINITIONS SHALL GO VERN THE TERMS HEREI N:
86+ E. FACILITATE THE EXCHAN GE OF INFORMATION BE TWEEN MEMBER 28
87+STATES RELATED TO THE LICEN SURE, INVESTIGATION , AND DISCIPLINE OF TH E 29
88+PRACTICE OF COSMETOLOGY ; 30
8389
84- A. “ACTIVE MILITARY MEMBER” MEANS ANY INDIVIDUAL WITH
85-FULL–TIME DUTY STATUS IN THE ARMED FORCES OF THE UNITED STATES,
86-INCLUDING MEMBERS O F THE NATIONAL GUARD AND RESERVE.
90+ F. PROVIDE FOR THE LICEN SURE AND MOBILITY OF THE WORKFORCE IN 31
91+THE PROFESSION WHILE ADDRESSING THE SHORTAGE OF WORKERS AND LESSENIN G 32
92+THE ASSOCIATED BURDE NS ON THE MEMBER STATES. 33
93+ HOUSE BILL 383 3
8794
88- B. “ADVERSE ACTION” MEANS ANY ADMINISTRA TIVE, CIVIL, EQUITABLE,
89-OR CRIMINAL ACTION PERMITTED BY A MEMBER STATE’S LAWS WHICH IS IMPOSED
90-BY A STATE LICENSING AUTHORITY OR OTHER REGULATORY BODY AGAINST A
91-COSMETOLOGIST , INCLUDING ACTIONS AG AINST AN INDIVIDUAL ’S LICENSE OR WES MOORE, Governor Ch. 328
9295
93-– 3 –
94-AUTHORIZATION TO PRACTICE SUCH AS REVO CATION, SUSPENSION, PROBATION,
95-MONITORING OF THE LICENSEE, LIMITATION OF THE LICENSEE’S PRACTICE, OR ANY
96-OTHER ENCUMBRANCE ON A LICENSE AFFECTI NG AN INDIVIDUAL ’S ABILITY TO
97-PARTICIPATE IN THE COSMETOLOGY INDUSTRY, INCLUDING THE ISSUAN CE OF A
98-CEASE AND DESIST ORD ER.
96+ARTICLE 2. DEFINITIONS. 1
9997
100- C. “ALTERNATIVE PROGRAM” MEANS A NON–DISCIPLINARY MONITOR ING
101-OR PROSECUTORIAL DIV ERSION PROGRAM APPRO VED BY A MEMBER STATE’S
102-STATE LICENSING AUTHORITY.
98+ AS USED IN THIS COMPACT, AND EXCEPT AS OTHERW ISE PROVIDED, THE 2
99+FOLLOWING DEFINITIONS SHALL GO VERN THE TERMS HEREI N: 3
103100
104- D. “AUTHORIZATION TO PRACTICE” MEANS A LEGAL AUTHOR IZATION
105-ASSOCIATED WITH A MULTISTATE LICENSE PERMITTING TH E PRACTICE OF
106-COSMETOLOGY IN THAT REMOTE STATE, WHICH SHALL BE SUBJE CT TO THE
107-ENFORCEMENT JURISDIC TION OF THE STATE LICENSING AUTHORITY IN THAT
108-REMOTE STATE.
101+ A. “ACTIVE MILITARY MEMBER” MEANS ANY INDIVIDUAL WITH 4
102+FULL–TIME DUTY STATUS IN THE ARMED FORCES OF THE UNITED STATES, 5
103+INCLUDING MEMBERS OF THE NATIONAL GUARD AND RESERVE. 6
109104
110- E. “BACKGROUND CHECK” MEANS THE SUBMISSION OF INFORMATION
111-FOR AN APPLICANT FOR THE PURPOSE OF OBTAI NING THAT APPLICANT ’S CRIMINAL
112-HISTORY RECORD INFOR MATION, AS FURTHER DEFINED I N 28 C.F.R. § 20.3(D),
113-FROM THE FEDERAL BUREAU OF INVESTIGATION AND THE AG ENCY RESPONSIBLE
114-FOR RETAINING STATE CRIMINAL OR DIS CIPLINARY HISTORY IN THE APPLICANT ’S
115-HOME STATE.
105+ B. “ADVERSE ACTION” MEANS ANY ADMINISTRA TIVE, CIVIL, EQUITABLE, 7
106+OR CRIMINAL ACTION PERMITTED BY A MEMBER STATE’S LAWS WHICH IS IMPOSED 8
107+BY A STATE LICENSING AUTHORITY OR OTHER REGULATORY BODY AGAINST A 9
108+COSMETOLOGIST , INCLUDING ACTIONS AG AINST AN INDIVIDUAL ’S LICENSE OR 10
109+AUTHORIZATION TO PRACTICE SUCH AS REVO CATION, SUSPENSION, PROBATION, 11
110+MONITORING OF THE LICENSEE, LIMITATION OF THE LICENSEE’S PRACTICE, OR ANY 12
111+OTHER ENCUMBRANCE ON A LICENSE AFFECTI NG AN INDIVIDUAL ’S ABILITY TO 13
112+PARTICIPATE IN THE COSMETOLOGY INDUSTRY, INCLUDING THE ISSUAN CE OF A 14
113+CEASE AND DESIST ORD ER. 15
116114
117- F. “CHARTER MEMBER STATE” MEANS MEMBER STATES WHO HAVE
118-ENACTED LEGISLATION TO ADOPT THIS COMPACT WHE RE SUCH LEGISLATION
119-PREDATES THE EFFECTIVE DATE OF TH IS COMPACT AS DEFINED IN ARTICLE 13.
115+ C. “ALTERNATIVE PROGRAM” MEANS A NON–DISCIPLINARY MONITOR ING 16
116+OR PROSECUTORIA L DIVERSION PROGRAM APPROVED BY A MEMBER STATE’S 17
117+STATE LICENSING AUTHORITY. 18
120118
121- G. “COMMISSION” MEANS THE GOVERNMENT AGENCY WHOSE
122-MEMBERSHIP CONSISTS OF ALL STATES THAT HAVE ENAC TED THIS COMPACT,
123-WHICH IS KNOWN AS TH E COSMETOLOGY LICENSURE COMPACT COMMISSION, AS
124-DEFINED IN ARTICLE 9, AND WHICH SHALL OPER ATE AS AN INSTRUMENT ALITY OF
125-THE MEMBER STATES.
119+ D. “AUTHORIZATION TO PRACTICE” MEANS A LEGAL AUTHOR IZATION 19
120+ASSOCIATED WITH A MULTISTATE LICENSE PERMITTING TH E PRACTICE OF 20
121+COSMETOLOGY IN THAT REMOTE STATE, WHICH SHALL BE SUBJE CT TO THE 21
122+ENFORCEMENT JURISDIC TION OF THE STATE LICENSING AUTHORITY IN THAT 22
123+REMOTE STATE. 23
126124
127- H. “COSMETOLOGIST ” MEANS AN INDIVIDUAL LICENSED IN THEIR HOME
128-STATE TO PRACTICE COSMETOLOGY .
125+ E. “BACKGROUND CHECK” MEANS THE SUBMISSION OF INFORMATION 24
126+FOR AN APPLICANT FOR THE PURPOSE OF OBTAI NING THAT APPLICANT ’S CRIMINAL 25
127+HISTORY RECO RD INFORMATION , AS FURTHER DEFINED I N 28 C.F.R. § 20.3(D), 26
128+FROM THE FEDERAL BUREAU OF INVESTIGATION AND THE AGENCY RESPONSIBLE 27
129+FOR RETAINING STATE CRIMINAL OR DIS CIPLINARY HISTORY IN THE APPLICANT ’S 28
130+HOME STATE. 29
129131
130- I. “COSMETOLOGY ”, “COSMETOLOGY SERVICES”, AND THE “PRACTICE
131-OF COSMETOLOGY ” MEAN THE CARE AND SE RVICES PROVIDED BY A
132-COSMETOLOGIST AS SET FORTH IN THE MEMBER STATE’S STATUTES AND
133-REGULATIONS IN THE STATE WHERE THE SERVI CES ARE BEING PROVID ED.
132+ F. “CHARTER MEMBER STATE” MEANS MEMBER STATES WHO HAVE 30
133+ENACTED LEGISLATION TO ADOPT THIS COMPACT WHE RE SUCH LEGISLATION 31
134+PREDATES THE EFFECTI VE DATE OF THIS COMPACT AS DEFINED IN ARTICLE 13. 32
134135
135- J. “CURRENT SIGNIFICANT INVESTIGATIVE INFORMATION ” MEANS:
136- Ch. 328 2024 LAWS OF MARYLAND
136+ G. “COMMISSION” MEANS THE GOVERNMENT AGENCY WHOSE 33
137+MEMBERSHIP CONSISTS OF ALL STATES THAT HAVE ENAC TED THIS COMPACT, 34
138+WHICH IS KNOWN AS TH E COSMETOLOGY LICENSURE COMPACT COMMISSION, AS 35 4 HOUSE BILL 383
137139
138-– 4 –
139- 1. INVESTIGATIVE INFORMATION THAT A STATE LICENSING
140-AUTHORITY, AFTER AN INQUIRY OR INVESTIGATION THAT C OMPLIES WITH A
141-MEMBER STATE’S DUE PROCESS REQUIR EMENTS, HAS REASON TO BELIEV E IS NOT
142-GROUNDLESS AND , IF PROVED TRUE , WOULD INDICATE A VIO LATION OF THAT
143-STATE’S LAWS REGARDING FRA UD OR THE PRACTICE OF COSMETOLOGY ; OR
144140
145- 2. INVESTIGATIVE INFORMATION THAT INDI CATES THAT A
146-LICENSEE HAS ENGAGED IN FRAUD OR REPRESEN TS AN IMMEDIATE THRE AT TO
147-PUBLIC HEALTH AND SA FETY, REGARDLESS OF WHETHE R THE LICENSEE HAS BEEN
148-NOTIFIED AND HAD AN OPPORT UNITY TO RESPOND .
141+DEFINED IN ARTICLE 9, AND WHICH SHALL OPER ATE AS AN INSTRUMENT ALITY OF 1
142+THE MEMBER STATES. 2
149143
150- K. “DATA SYSTEM” MEANS A REPOSITORY O F INFORMATION ABOUT
151-LICENSEES, INCLUDING LICENSE STATUS , INVESTIGATIVE INFORMATION , AND
152-ADVERSE ACTIONS.
144+ H. “COSMETOLOGIST ” MEANS AN INDIVIDUAL LICENSED IN THEIR HOME 3
145+STATE TO PRACTICE COSMETOLOGY . 4
153146
154- L. “DISQUALIFYING EVENT” MEANS ANY EVENT WHIC H SHALL
155-DISQUALIFY AN INDIVI DUAL FROM HOLDING A MULTISTATE LICENSE UNDER THIS
156-COMPACT, WHICH THE COMMISSION MAY BY RULE OR ORDER SPECIFY .
147+ I. “COSMETOLOGY ”, “COSMETOLOGY SERVICES”, AND THE “PRACTICE 5
148+OF COSMETOLOGY ” MEAN THE CARE AND SE RVICES PROVIDED BY A 6
149+COSMETOLOGIST AS SET FORTH IN THE MEMBER STATE’S STATUTES AND 7
150+REGULATIONS IN THE STATE WHERE THE SERVI CES ARE BEING PROVIDE D. 8
157151
158- M. “ENCUMBERED LICENSE” MEANS A LICENSE IN W HICH AN ADVERSE
159-ACTION RESTRICTS THE PRACTICE OF COSMETOLOGY BY A LICENSEE, OR WHERE
160-SAID ADVERSE ACTION HAS BEEN REPOR TED TO THE COMMISSION.
152+ J. “CURRENT SIGNIFICANT INVESTIGATIVE INFORMATION ” MEANS: 9
161153
162- N. “ENCUMBRANCE ” MEANS A REVOCATION O R SUSPENSION OF , OR ANY
163-LIMITATION ON, THE FULL AND UNRESTR ICTED PRACTICE OF COSMETOLOGY BY A
164-STATE LICENSING AUTHORITY.
154+ 1. INVESTIGATIVE INFORMATION THAT A STATE LICENSING 10
155+AUTHORITY, AFTER AN INQUIRY OR INVESTIGATION THAT C OMPLIES WITH A 11
156+MEMBER STATE’S DUE PROCESS REQUIR EMENTS, HAS REASON TO BELIEV E IS NOT 12
157+GROUNDLESS AND , IF PROVED TRUE , WOULD INDICATE A VIO LATION OF THAT 13
158+STATE’S LAWS REGARDING FRA UD OR THE PRACTICE OF COSMETOLOGY ; OR 14
165159
166- O. “EXECUTIVE COMMITTEE” MEANS A GROUP OF DEL EGATES ELECTED
167-OR APPOINTED TO ACT ON BEHALF OF AND WIT HIN THE POWERS GRANT ED TO THEM
168-BY THE COMMISSION.
160+ 2. INVESTIGATIVE INFORMATION THAT INDI CATES THAT A 15
161+LICENSEE HAS ENGAGED IN FRAUD OR REPRESEN TS AN IMMEDIATE THRE AT TO 16
162+PUBLIC HEALTH AND SA FETY, REGARDLESS OF WHETHE R THE LICENSEE HAS BEEN 17
163+NOTIFIED AND HAD AN OPPORTUNITY TO RESPO ND. 18
169164
170- P. “HOME STATE” MEANS THE MEMBER STATE WHICH IS A LICENSEE’S
171-PRIMARY STATE OF RESIDENCE AN D WHERE TH AT LICENSEE HOLDS AN ACT IVE AND
172-UNENCUMBERED LICENSE TO PRACTICE COSMETOLOGY .
165+ K. “DATA SYSTEM” MEANS A REPOSITORY O F INFORMATION ABOUT 19
166+LICENSEES, INCLUDING LICENSE STATUS , INVESTIGATIVE INFORMATION , AND 20
167+ADVERSE ACTIONS. 21
173168
174- Q. “INVESTIGATIVE INFORMATION ” MEANS INFORMATION , RECORDS, OR
175-DOCUMENTS RECEIVED O R GENERATED BY A STATE LICENSING AUTHORITY
176-PURSUANT TO AN INVES TIGATION OR OTHER IN QUIRY.
169+ L. “DISQUALIFYING EVENT” MEANS ANY EVENT WHIC H SHALL 22
170+DISQUALIFY AN INDIVI DUAL FROM HOLDING A MULTISTATE LICENSE UNDER THIS 23
171+COMPACT, WHICH THE COMMISSION MAY BY RULE OR ORDER SPECI FY. 24
177172
178- R. “JURISPRUDENCE REQUIREMENT ” MEANS THE ASSESSMENT OF AN
179-INDIVIDUAL’S KNOWLEDGE OF THE L AWS AND RULES GOVERN ING THE PRACTICE OF
180-COSMETOLOGY IN A STATE. WES MOORE, Governor Ch. 328
173+ M. “ENCUMBERED LICENSE” MEANS A LICENSE IN W HICH AN ADVERSE 25
174+ACTION RESTRICTS THE PRACTICE OF COSMETOLOGY BY A LICENSEE, OR WHERE 26
175+SAID ADVERSE ACTION HAS BEEN REPOR TED TO THE COMMISSION. 27
181176
182-– 5 –
177+ N. “ENCUMBRANCE ” MEANS A REVOCATION O R SUSPENSION OF , OR ANY 28
178+LIMITATION ON, THE FULL AND UNRESTR ICTED PRACTICE OF COSMETOLOGY BY A 29
179+STATE LICENSING AUTHORITY. 30
183180
184- S. “LICENSEE” MEANS AN INDIVIDUAL WHO CURRENTLY HOLDS A LICENSE
185-FROM A MEMBER STATE TO PRACTICE AS A COSMETOLOGIST .
181+ O. “EXECUTIVE COMMITTEE” MEANS A GROUP OF DEL EGATES ELECTED 31
182+OR APPOINTED TO ACT ON BEHALF OF AND W ITHIN THE POWERS GRA NTED TO THEM 32
183+BY THE COMMISSION. 33 HOUSE BILL 383 5
186184
187- T. “MEMBER STATE” MEANS ANY STATE THAT HAS ADOPTE D THIS
188-COMPACT.
189185
190- U. “MULTISTATE LICENSE” MEANS A LICENSE ISSU ED BY AND SUBJECT TO
191-THE ENFORCEMENT JURI SDICTION OF THE STATE LICENSING AUTHORITY IN A
192-LICENSEE’S HOME STATE, WHICH AUTHORIZES THE PRACTICE OF COSMETOLOGY
193-IN MEMBER STATES AND INCLUDES AUTHORIZATIONS TO PRACTICE
194-COSMETOLOGY IN ALL REMOTE STATES PURSUANT TO THIS COMPACT.
195186
196- V. “REMOTE STATE” MEANS ANY MEMBER STATE, OTHER THAN THE
197-LICENSEE’S HOME STATE.
187+ P. “HOME STATE” MEANS THE MEMBER STATE WHICH IS A LICENSEE’S 1
188+PRIMARY STATE OF RESIDENCE AN D WHERE THAT LICENSEE HOLDS AN ACT IVE AND 2
189+UNENCUMBERED LICENSE TO PRACTICE COSMETOLOGY . 3
198190
199- W. “RULE” MEANS ANY RULE OR RE GULATION PROMULGATED BY THE
200-COMMISSION UNDER THIS COMPACT THAT HAS THE FORCE OF LAW .
191+ Q. “INVESTIGATIVE INFORMATION ” MEANS INFORMATION , RECORDS, OR 4
192+DOCUMENTS RECEIVED O R GENERATED BY A STATE LICENSING AUTHORITY 5
193+PURSUANT TO AN INVES TIGATION OR OTHER IN QUIRY. 6
201194
202- X. “SINGLE–STATE LICENSE” MEANS A COSMETOLOGY LICENSE I SSUED
203-BY A MEMBER STATE THAT AUTHORIZES THE PRACTICE OF COSMETOLOGY ONLY
204-WITHIN THE ISSUING STATE AND DOES NOT IN CLUDE ANY AUTHORIZAT ION OUTSIDE
205-OF THE ISSUING STATE.
195+ R. “JURISPRUDENCE REQUIREMENT ” MEANS THE ASSESSMENT OF AN 7
196+INDIVIDUAL’S KNOWLEDGE OF THE L AWS AND RUL ES GOVERNING THE PRACTICE OF 8
197+COSMETOLOGY IN A STATE. 9
206198
207- Y. “STATE” MEANS A STATE, TERRITORY, OR POSSESSION OF THE UNITED
208-STATES AND THE DISTRICT OF COLUMBIA.
199+ S. “LICENSEE” MEANS AN INDIVIDUAL WHO CURRENTLY HOLDS A LICENSE 10
200+FROM A MEMBER STATE TO PRACTICE AS A COSMETOLOGIST . 11
209201
210- Z. “STATE LICENSING AUTHORITY” MEANS A MEMBER STATE’S
211-REGULATORY BODY RESP ONSIBLE FOR ISSUING COSMETOLOGY LICENSES OR
212-OTHERWISE OVERSEEING THE PRACTICE OF COSMETOLOGY IN THAT STATE.
202+ T. “MEMBER STATE” MEANS ANY STATE THAT HAS ADOPTE D THIS 12
203+COMPACT. 13
213204
214-ARTICLE 3. MEMBER STATE REQUIREMENTS .
205+ U. “MULTISTATE LICENSE” MEANS A LICENSE ISSU ED BY AND SUBJECT TO 14
206+THE ENFORCEMENT JURI SDICTION OF THE STATE LICENSING AUTHORITY IN A 15
207+LICENSEE’S HOME STATE, WHICH AUTHORIZES THE PRACTICE OF COSMETOLOGY 16
208+IN MEMBER STATES AND INCLUDES AUTHORIZATIONS TO PRACTICE 17
209+COSMETOLOGY IN ALL REMOTE STATES PURSUANT TO THIS COMPACT. 18
215210
216- A. TO BE ELIGIBLE TO JOI N THIS COMPACT, AND TO MAINTA IN
217-ELIGIBILITY AS A MEMBER STATE, A STATE MUST:
211+ V. “REMOTE STATE” MEANS ANY MEMBER STATE, OTHER THAN THE 19
212+LICENSEE’S HOME STATE. 20
218213
219- 1. LICENSE AND REGULATE COSMETOLOGY ;
214+ W. “RULE” MEANS ANY RULE OR RE GULATION PROMULGATED BY THE 21
215+COMMISSION UNDER THIS COMPACT THAT HAS THE FORCE OF LAW . 22
220216
221- 2. HAVE A MECHANISM OR E NTITY IN PLACE TO RE CEIVE AND
222-INVESTIGATE COMPLAIN TS ABOUT LICENSEES PRACTICING IN THAT STATE;
217+ X. “SINGLE–STATE LICENSE” MEANS A COSMETOLOGY LICENSE I SSUED 23
218+BY A MEMBER STATE THAT AUTHORIZES THE PRACTICE OF COSMETOLOGY ONLY 24
219+WITHIN THE ISSUING STATE AND DOES NOT IN CLUDE ANY AUTHORIZAT ION OUTSIDE 25
220+OF THE ISSUING STATE. 26
223221
224- 3. REQUIRE THAT LICENSEES WITHIN THE STATE PASS A
225-COSMETOLOGY COMPETENC Y EXAMINATION PRIOR TO BEING LICENSED TO Ch. 328 2024 LAWS OF MARYLAND
222+ Y. “STATE” MEANS A STATE, TERRITORY, OR POSSESSION OF THE UNITED 27
223+STATES AND THE DISTRICT OF COLUMBIA. 28
226224
227-– 6 –
228-PROVIDE COSMETOLOGY SERVICES TO THE PUBLI C IN THAT STATE;
225+ Z. “STATE LICENSING AUTHORITY” MEANS A MEMBER STATE’S 29
226+REGULATORY BODY RESP ONSIBLE FOR ISSUING COSMETOLOGY LICENSES OR 30
227+OTHERWISE OVERSEEING THE PRACTICE OF COSMETOLOGY IN THAT STATE. 31
228+ 6 HOUSE BILL 383
229229
230- 4. REQUIRE THAT LICENSEES SATISFY EDU CATIONAL OR TRAINING
231-REQUIREMENTS IN COSMETOLOGY PRIOR TO BEING LICENSED TO PR OVIDE
232-COSMETOLOGY SERVICES TO THE PUBLI C IN THAT STATE;
233230
234- 5. IMPLEMENT PROCEDURES FOR CONSIDERING ONE OR MORE OF
235-THE FOLLOWING CATEGO RIES OF INFORMATION FROM APPLICANTS FOR
236-LICENSURE: CRIMINAL HISTORY ; DISCIPLINARY HISTORY ; OR BACKGROUND
237-CHECK. SUCH PROCEDURES MAY INCLUDE THE SUBM ISSION OF INFORMATIO N BY
238-APPLICANTS FOR THE P URPOSE OF OBTAINING AN APPLICANT ’S BACKGROUND
239-CHECK AS DEFINED HEREIN ;
231+ARTICLE 3. MEMBER STATE REQUIREMENTS . 1
240232
241- 6. PARTICIPATE IN THE DATA SYSTEM, INCLUDING THROUGH TH E
242-USE OF UNIQUE IDENTI FYING NUMBERS ;
233+ A. TO BE ELIGIBLE TO JOI N THIS COMPACT, AND TO MAINTAIN 2
234+ELIGIBILITY AS A MEMBER STATE, A STATE MUST: 3
243235
244- 7. SHARE INFORMATIO N RELATED TO ADVERSE ACTIONS WITH THE
245-COMMISSION AND OTHER MEMBER STATES, BOTH THROUGH THE DATA SYSTEM
246-AND OTHERWISE ;
236+ 1. LICENSE AND REGULATE COSMETOLOGY ; 4
247237
248- 8. NOTIFY THE COMMISSION AND OTHER MEMBER STATES, IN
249-COMPLIANCE WITH THE TERMS OF THE COMPACT AND RULES OF THE COMMISSION,
250-OF THE EXISTENCE OF INVESTIGATIVE INFORMATION OR CURRENT SIGNIFICANT
251-INVESTIGATIVE INFORMATION IN THE STATE’S POSSESSION REGARDI NG A
252-LICENSEE PRACTICING I N THAT STATE;
238+ 2. HAVE A MECHANISM OR E NTITY IN PLACE TO RE CEIVE AND 5
239+INVESTIGATE COMPLAIN TS ABOUT LICENSEES PRACTICING IN THAT STATE; 6
253240
254- 9. COMPLY WITH SUCH RULES AS MAY BE ENACTED BY TH E
255-COMMISSION TO ADMINIS TER THE COMPACT; AND
241+ 3. REQUIRE THAT LICENSEES WITHIN THE STATE PASS A 7
242+COSMETOLOGY COMPETENC Y EXAMINATION PRIOR TO BEING LICENSED TO 8
243+PROVIDE COSMETOLOGY SERVICES TO THE PUBLIC IN THAT STATE; 9
256244
257- 10. ACCEPT LICENSEES FROM OTHER MEMBER STATES AS
258-ESTABLISHED HEREIN.
245+ 4. REQUIRE THAT LICENSEES SATISFY EDU CATIONAL OR TRAINING 10
246+REQUIREMENTS IN COSMETOLOGY PRIOR TO BEING LICENSED TO PR OVIDE 11
247+COSMETOLOGY SERVICES TO THE PUBLI C IN THAT STATE; 12
259248
260- B. MEMBER STATES MAY CHARGE A F EE FOR GRANTING A LI CENSE TO
261-PRACTICE COSMETOLOGY .
249+ 5. IMPLEMENT PROCEDURES FOR CONSIDERING ONE OR MORE OF 13
250+THE FOLLOWING CATEGO RIES OF INFORMATION FROM APPLICANTS FOR 14
251+LICENSURE: CRIMINAL HISTORY ; DISCIPLINARY HISTORY ; OR BACKGROUND 15
252+CHECK. SUCH PROCEDURES MAY INCLUDE THE SUBM ISSION OF INFORMATIO N BY 16
253+APPLICANTS FOR THE P URPOSE OF OBTAINING AN APPLICANT ’S BACKGROUND 17
254+CHECK AS DEFINED HEREIN ; 18
262255
263- C. INDIVIDUALS NOT RESID ING IN A MEMBER STATE SHALL CONTINUE TO
264-BE ABLE TO APPLY FOR A MEMBER STATE’S SINGLE–STATE LICENSE AS PROVIDED
265-UNDER THE LAWS OF EA CH MEMBER STATE. HOWEVER, THE SINGLE–STATE
266-LICENSE GRANTED TO TH ESE INDIVIDUALS MAY NOT BE RECOGNIZED AS GRA NTING
267-A MULTISTATE LICENSE TO PROVIDE SE RVICES IN ANY OTH ER MEMBER STATE.
256+ 6. PARTICIPATE IN THE DATA SYSTEM, INCLUDING THROUGH TH E 19
257+USE OF UNIQUE IDENTI FYING NUMBERS ; 20
268258
269- D. NOTHING IN THIS COMPACT SHALL AFFECT THE REQUIREMENTS WES MOORE, Governor Ch. 328
259+ 7. SHARE INFORMATION REL ATED TO ADVERSE ACTIONS WITH THE 21
260+COMMISSION AND OTHER MEMBER STATES, BOTH THROUGH THE DATA SYSTEM 22
261+AND OTHERWISE ; 23
270262
271-– 7 –
272-ESTABLISHED BY A MEMBER STATE FOR THE ISSUANC E OF A SINGLE–STATE
273-LICENSE.
263+ 8. NOTIFY THE COMMISSION AND OTHER MEMBER STATES, IN 24
264+COMPLIANCE WITH THE TERMS OF THE COMPACT AND RULES OF THE COMMISSION, 25
265+OF THE EXISTENCE OF INVESTIGATIVE INFORMATION OR CURRENT SIGNIFICANT 26
266+INVESTIGATIVE INFORMATION IN THE STATE’S POSSESSION REGARDI NG A 27
267+LICENSEE PRACTICING I N THAT STATE; 28
274268
275- E. A MULTISTATE LICENSE ISSUED TO A LICENSEE BY A HOME STATE TO
276-A RESIDENT OF THAT STATE SHALL BE RECOGN IZED BY EACH MEMBER STATE AS
277-AUTHORIZING A LICENSEE TO PRACTICE COSMETOLOGY IN EACH MEMBER STATE.
269+ 9. COMPLY WITH SUCH RULES AS MAY BE ENACTED BY TH E 29
270+COMMISSION TO ADMINIS TER THE COMPACT; AND 30
278271
279- F. AT NO POINT SHALL THE COMMISSION HAVE THE P OWER TO DEFINE
280-THE EDUCATIONAL OR P ROFESSIONAL REQUIREM ENTS FOR A LICENSE T O
281-PRACTICE COSMETOLOGY . THE MEMBER STATES SHALL RETAIN S OLE
282-JURISDICTION OVER TH E PROVISION OF THESE REQUIREMENTS .
272+ 10. ACCEPT LICENSEES FROM OTHER MEMBER STATES AS 31
273+ESTABLISHED HEREIN. 32 HOUSE BILL 383 7
283274
284-ARTICLE 4. MULTISTATE LICENSE.
285275
286- A. TO BE ELIGIBLE TO APP LY TO THEIR HOME STATE’S STATE LICENSING
287-AUTHORITY FOR AN INIT IAL MULTISTATE LICENSE UNDER THIS COMPACT, A
288-LICENSEE MUST HOLD AN ACTIVE AND UNENCUMBE RED SINGLE–STATE LICENSE
289-TO PRACTICE COSMETOLOGY IN THEIR HOME STATE.
290276
291- B. UPON THE RECEIPT OF AN AP PLICATION FOR A MULTISTATE LICENSE,
292-ACCORDING TO THE RULES OF THE COMMISSION, A MEMBER STATE’S STATE
293-LICENSING AUTHORITY SHALL ASCER TAIN WHETHER THE APP LICANT MEETS THE
294-REQUIREMENTS FOR A MULTISTATE LICENSE UNDER THIS COMPACT.
277+ B. MEMBER STATES MAY CHARGE A FEE FOR GRANTING A LICENSE T O 1
278+PRACTICE COSMETOLOGY . 2
295279
296- C. IF AN APPLICANT MEETS THE REQUIREMENTS FOR A MULTISTATE
297-LICENSE UNDER THIS COMPACT AND ANY APPLI CABLE RULES OF THE
298-COMMISSION, THE STATE LICENSING AUTHORITY IN RECEIPT OF THE APPLICATION
299-SHALL, WITHIN A REASONABLE TIME, GRANT A MULTISTATE LICENSE TO THAT
300-APPLICANT, AND INFORM ALL MEMBER STATES OF THE GRANT O F SAID
301-MULTISTATE LICENSE.
280+ C. INDIVIDUALS NOT RESID ING IN A MEMBER STATE SHALL CONTINUE TO 3
281+BE ABLE TO APPLY FOR A MEMBER STATE’S SINGLE–STATE LICENSE AS PROVIDED 4
282+UNDER THE LAWS OF EA CH MEMBER STATE. HOWEVER, THE SINGLE–STATE 5
283+LICENSE GRANTED TO TH ESE INDIVIDUALS MAY NOT BE RECOGNIZED AS GRA NTING 6
284+A MULTISTATE LICENSE TO PROVIDE SE RVICES IN ANY OTHER MEMBER STATE. 7
302285
303- D. A MULTISTATE LICENSE TO PRACTICE COSMETOLOGY ISSUED BY A
304-MEMBER STATE’S STATE LICENSING AUTHORITY SHALL BE RE COGNIZED BY EACH
305-MEMBER STATE AS AUTHORIZING THE PRACTICE THEREOF AS THOUGH TH AT
306-LICENSEE HELD A SINGLE–STATE LICENSE TO DO SO IN EACH MEMBER STATE,
307-SUBJECT TO THE RESTR ICTIONS HEREIN.
286+ D. NOTHING IN THIS COMPACT SHALL AFFECT THE REQUIREMENTS 8
287+ESTABLISHED BY A MEMBER STATE FOR THE ISSUANC E OF A SINGLE–STATE 9
288+LICENSE. 10
308289
309- E. A MULTISTATE LICENSE GRANTED PURSUANT TO THIS COMPACT MAY
310-BE EFFECTIVE FOR A D EFINITE PERIOD OF TI ME, CONCURRENT WITH THE
311-LICENSURE RENEWAL PE RIOD IN THE HOME STATE.
290+ E. A MULTISTATE LICENSE ISSUED TO A LICENSEE BY A HOME STATE TO 11
291+A RESIDENT OF THAT STATE SHALL BE RECOGN IZED BY EACH MEMBER STATE AS 12
292+AUTHORIZING A LICENSEE TO PRACTICE COSMETOLOGY IN EACH MEMBER STATE. 13
312293
313- F. TO MAINTAIN A MULTISTATE LICENSE UNDER T HIS COMPACT, A
314-LICENSEE SHALL: Ch. 328 2024 LAWS OF MARYLAND
294+ F. AT NO POINT SHALL THE COMMISSION HAVE THE P OWER TO DEFINE 14
295+THE EDUCATIONAL OR P ROFESSIONAL REQUIREM ENTS FOR A LICENSE T O 15
296+PRACTICE COSMETOLOGY . THE MEMBER STATES SHALL RETAIN S OLE 16
297+JURISDICTION OVER TH E PROVISION OF THESE REQUIREMENTS . 17
315298
316-– 8 –
299+ARTICLE 4. MULTISTATE LICENSE. 18
317300
318- 1. AGREE TO ABIDE BY THE RULES OF THE STATE LICENSING
319-AUTHORITY, AND THE STATE SCOPE OF PRACTI CE LAWS GOVERNING TH E PRACTICE
320-OF COSMETOLOGY , OF ANY MEMBER STATE IN WHICH THE LICENSEE PROVIDES
321-SERVICES;
301+ A. TO BE ELIGIBLE TO APP LY TO THEIR HOME STATE’S STATE LICENSING 19
302+AUTHORITY FOR AN INIT IAL MULTISTATE LICENSE UNDER THIS COMPACT, A 20
303+LICENSEE MUST HOLD AN ACTIVE AND UNENCUMBE RED SINGLE–STATE LICENSE 21
304+TO PRACTICE COSMETOLOGY IN THEIR HOME STATE. 22
322305
323- 2. PAY ALL REQUIRED FEES RELATED TO THE APPLI CATION AND
324-PROCESS AND ANY OTHE R FEES WHICH THE COMMISSION MAY BY RULE REQUIRE;
325-AND
306+ B. UPON THE RECEIPT OF AN AP PLICATION FOR A MULTISTATE LICENSE, 23
307+ACCORDING TO THE RULES OF THE COMMISSION, A MEMBER STATE’S STATE 24
308+LICENSING AUTHORITY SHALL ASCER TAIN WHETHER THE APP LICANT MEETS THE 25
309+REQUIREMENTS FOR A MULTISTATE LICENSE UNDER T HIS COMPACT. 26
326310
327- 3. COMPLY WITH ANY AND A LL OTHER REQUIREMENT S REGARDING
328-MULTISTATE LICENSES WHICH THE COMMISSION MAY BY RULE PROVIDE.
311+ C. IF AN APPLICANT MEETS THE REQUIREMENTS FOR A MULTISTATE 27
312+LICENSE UNDER THIS COMPACT AND ANY APPLI CABLE RULES OF THE 28
313+COMMISSION, THE STATE LICENSING AUTHORITY IN RECEIPT OF THE APPLICATION 29
314+SHALL, WITHIN A REASONABLE TIME, GRANT A MULTISTATE LICENSE TO THAT 30
315+APPLICANT, AND INFORM ALL MEMBER STATES OF THE GRANT O F SAID 31
316+MULTISTATE LICENSE. 32
329317
330- G. A LICENSEE PRACTICING I N A MEMBER STATE IS SUBJECT TO A LL
331-SCOPE OF PRACTICE LA WS GOVERNING COSMETOLOGY SERVICES IN THAT STATE.
318+ D. A MULTISTATE LICENSE TO PRACTICE COSMETOLOGY ISSUED BY A 33 8 HOUSE BILL 383
332319
333- H. THE PRACTICE OF COSMETOLOGY UNDER A MULTISTATE LICENSE
334-GRANTED PURSUANT TO THIS COMPACT SHALL SUBJECT THE LICENSEE TO THE
335-JURISDICTION OF THE STATE LICENSING AUTHORITY, THE COURTS, AND THE LAWS
336-OF THE MEMBER STATE IN WHICH THE COSMETOLOGY SERVICES ARE PROVIDED .
337320
338-ARTICLE 5. REISSUANCE OF A MULTISTATE LICENSE BY A NEW HOME STATE.
321+MEMBER STATE’S STATE LICENSING AUTHORITY SHALL BE RE COGNIZED BY EACH 1
322+MEMBER STATE AS AUTHORIZING THE PRACTICE THEREOF AS THOUGH TH AT 2
323+LICENSEE HELD A SINGLE–STATE LICENSE TO DO SO IN EACH MEMBER STATE, 3
324+SUBJECT TO THE RESTR ICTIONS HEREIN. 4
339325
340- A. A LICENSEE MAY HOLD A MULTISTATE LICENSE, ISSUED BY THEIR
341-HOME STATE, IN ONLY ONE MEMBER STATE AT ANY GIVEN TI ME.
326+ E. A MULTISTATE LICENSE GRANTED PURSUANT TO THIS COMPACT MAY 5
327+BE EFFECTIVE FOR A D EFINITE PERIOD OF TI ME, CONCURRENT WITH THE 6
328+LICENSURE RENEWAL PE RIOD IN THE HOME STATE. 7
342329
343- B. IF A LICENSEE CHANGES THEI R HOME STATE BY MOVING BETWE EN
344-TWO MEMBER STATES:
330+ F. TO MAINTAIN A MULTISTATE LICENSE UNDER THIS COMPACT, A 8
331+LICENSEE SHALL: 9
345332
346- 1. THE LICENSEE SHALL IMMEDIATELY APPLY FO R THE
347-REISSUANCE OF THEIR MULTISTATE LICENSE IN THEIR NEW HOME STATE. THE
348-LICENSEE SHALL PAY ALL APPLICABLE F EES AND NOTIFY THE P RIOR HOME STATE
349-IN ACCORDANCE WITH T HE RULES OF THE COMMISSION.
333+ 1. AGREE TO ABIDE BY THE RULES OF THE STATE LICENSING 10
334+AUTHORITY, AND THE STATE SCOPE OF PRACTI CE LAWS GOVERNING TH E PRACTICE 11
335+OF COSMETOLOGY , OF ANY MEMBER STATE IN WHICH THE LICENSEE PROVIDES 12
336+SERVICES; 13
350337
351- 2. UPON RECEIPT OF AN APPLIC ATION TO REISSUE A MULTISTATE
352-LICENSE, THE NEW HOME STATE SHALL VERIFY THAT THE MULTISTATE LICENSE
353-IS ACTIVE, UNENCUMBERED , AND ELIGIBLE FOR REI SSUANCE UNDER THE TE RMS OF
354-THE COMPACT AND THE RULES OF THE COMMISSION. THE MULTISTATE LICENSE
355-ISSUED BY THE PRIOR HOME STATE WILL BE DEACTIV ATED AND ALL MEMBER
356-STATES NOTIFIED IN AC CORDANCE WITH THE AP PLICABLE RULES ADOPTED BY THE
357-COMMISSION.
358- WES MOORE, Governor Ch. 328
338+ 2. PAY ALL REQUIRED FEES RELATED TO THE APPLI CATION AND 14
339+PROCESS AND ANY OTHE R FEES WHICH THE COMMISSION MAY BY RULE REQUIRE; 15
340+AND 16
359341
360-– 9 –
361- 3. IF REQUIRED FOR INITI AL LICENSURE , THE NEW HOME STATE
362-MAY REQUIRE A BACKGROUND CHECK AS SPECIFIED IN THE LAWS OF THAT STATE
363-OR THE COMPLIANCE WI TH ANY JURISPRUDENCE REQUIREMENTS OF THE NE W
364-HOME STATE.
342+ 3. COMPLY WITH ANY AND A LL OTHER REQUIREMENT S REGARDING 17
343+MULTISTATE LICENSES WHICH THE COMMISSION MAY BY RULE PROVIDE. 18
365344
366- 4. NOTWITHSTANDING ANY O THER PROVISION OF TH IS COMPACT, IF
367-A LICENSEE DOES NOT MEE T THE REQUIREMENTS SET FORTH IN THIS COMPACT
368-FOR THE REISSUANCE O F A MULTISTATE LICENSE BY THE NEW HOME STATE, THEN
369-THE LICENSEE SHALL BE SUB JECT TO THE NEW HOME STATE REQUIREMENTS FO R
370-THE ISSUANCE OF A SINGLE–STATE LICENSE IN THAT STATE.
345+ G. A LICENSEE PRACTICING I N A MEMBER STATE IS SUBJECT TO A LL 19
346+SCOPE OF PRACTICE LA WS GOVERNING COSMETOLOGY SERVICES IN THAT STATE. 20
371347
372- C. IF A LICENSEE CHANGES THEI R PRIMARY STATE OF RESIDENCE BY
373-MOVING FROM A MEMBER STATE TO A NON –MEMBER STATE, OR FROM A
374-NON–MEMBER STATE TO A MEMBER STATE, THEN THE LICENSEE SHALL BE
375-SUBJECT TO THE STATE REQUIREMENTS FO R THE ISSUANCE OF A SINGLE–STATE
376-LICENSE IN THE NEW HOME STATE.
348+ H. THE PRACTICE OF COSMETOLOGY UNDER A MULTISTATE LICENSE 21
349+GRANTED PURSUANT TO THIS COMPACT SHALL SUBJECT THE LICENSEE TO THE 22
350+JURISDICTION OF THE STATE LICENSING AUTHORITY, THE COURTS, AND THE LAWS 23
351+OF THE MEMBER STATE IN WHICH THE COSMETOLOGY SERVICES ARE PROVIDED . 24
377352
378- D. NOTHING IN THIS COMPACT SHALL INTERFE RE WITH A LICENSEE’S
379-ABILITY TO HOLD A SINGLE–STATE LICENSE IN MULTIPLE STATES; HOWEVER F OR
380-THE PURPOSES OF THIS COMPACT, A LICENSEE SHALL HAVE O NLY ONE HOME
381-STATE AND ONLY ONE MULTISTATE LICENSE.
353+ARTICLE 5. REISSUANCE OF A MULTISTATE LICENSE BY A NEW HOME STATE. 25
382354
383- E. NOTHING IN THIS COMPACT MAY INTERFERE WITH THE R EQUIREMENTS
384-ESTABLISHED BY A MEMBER STATE FOR THE ISSUANC E OF A SINGLE–STATE
385-LICENSE.
355+ A. A LICENSEE MAY HOLD A MULTISTATE LICENSE, ISSUED BY THEIR 26
356+HOME STATE, IN ONLY ONE MEMBER STATE AT ANY GIVEN TI ME. 27
386357
387-ARTICLE 6. AUTHORITY OF THE COMPACT COMMISSION AND MEMBER STATE
388-LICENSING AUTHORITIES.
358+ B. IF A LICENSEE CHANGES THEI R HOME STATE BY MOVING BETWE EN 28
359+TWO MEMBER STATES: 29
389360
390- A. NOTHING IN THIS COMPACT, NOR ANY RULE OR REGULATION OF THE
391-COMMISSION, MAY BE CONSTRUED TO LIMI T, RESTRICT, OR IN ANY WAY REDUCE
392-THE ABILITY OF A MEMBER STATE TO ENACT AND EN FORCE LAWS, REGULATIONS ,
393-OR OTHER RULES RELAT ED TO THE PRACTICE OF COSMETOLOGY IN THAT STATE,
394-IF THOSE LAWS, REGULATIONS , OR OTHER RULES ARE N OT INCONSISTEN T WITH THE
395-PROVISIONS OF THIS COMPACT.
361+ 1. THE LICENSEE SHALL IMMEDIATELY APPLY FO R THE 30
362+REISSUANCE OF THEIR MULTISTATE LICENSE IN THEIR NEW HOME STATE. THE 31
363+LICENSEE SHALL PAY ALL APPLICABLE F EES AND NOTIFY THE P RIOR HOME STATE 32 HOUSE BILL 383 9
396364
397- B. INSOFAR AS PRACTICAL , A MEMBER STATE’S STATE LICENSING
398-AUTHORITY SHALL COOPE RATE WITH THE COMMISSION AND WITH E ACH ENTITY
399-EXERCISING INDEPENDE NT REGULATORY AUTHOR ITY OVER THE PRACTICE OF
400-COSMETOLOGY ACCORDING TO THE PROVISIONS OF TH IS COMPACT.
401365
402- C. DISCIPLINE SHALL BE T HE SOLE RESPONSIBILI TY OF THE STATE IN
403-WHICH COSMETOLOGY SERVICES ARE PROVIDED . ACCORDINGLY , EACH MEMBER Ch. 328 2024 LAWS OF MARYLAND
366+IN ACCORDANCE WITH T HE RULES OF THE COMMISSION. 1
404367
405-– 10 –
406-STATE’S STATE LICENSING AUTHORITY SHALL BE RE SPONSIBLE FOR RECEIV ING
407-COMPLAINTS ABOUT IND IVIDUALS PRACTICING COSMETOLOGY IN THAT STATE AND
408-FOR COMMUNICATING AL L RELEVANT INVESTIGATIVE INFORMATION ABOUT ANY
409-SUCH ADVERSE ACTION TO THE OTHER MEMBER STATES THROUGH THE DATA
410-SYSTEM IN ADDITION TO ANY OTHER METHODS THE COMMISSION MAY BY RULE
411-REQUIRE.
368+ 2. UPON RECEIPT OF AN APPLIC ATION TO REISSUE A MULTISTATE 2
369+LICENSE, THE NEW HOME STATE SHALL VERIFY THAT THE MULTISTATE LICENSE 3
370+IS ACTIVE, UNENCUMBERED , AND ELIGIBLE FOR REI SSUANCE UNDER THE TE RMS OF 4
371+THE COMPACT AND THE RULES OF THE COMMISSION. THE MULTISTATE LICENSE 5
372+ISSUED BY THE PRIOR HOME STATE WILL BE DEACTIV ATED AND ALL MEMBER 6
373+STATES NOTIFIED IN AC CORDANCE WITH THE AP PLICABLE RULES ADOPTED BY THE 7
374+COMMISSION. 8
412375
413-ARTICLE 7. ADVERSE ACTIONS.
376+ 3. IF REQUIRED FOR INITI AL LICENSURE , THE NEW HOME STATE 9
377+MAY REQUIRE A BACKGROUND CHECK AS SPECIFIED IN THE LAWS OF THAT STATE 10
378+OR THE COMPLIANCE WI TH ANY JURISPRUDENCE REQUIREMENTS OF THE N EW 11
379+HOME STATE. 12
414380
415- A. A LICENSEE’S HOME STATE SHALL HAVE EXCL USIVE POWER TO IMPOS E
416-AN ADVERSE ACTION AGAINST A LICENSEE’S MULTISTATE LICENSE ISSUED BY THE
417-HOME STATE.
381+ 4. NOTWITHSTANDING ANY O THER PROVISION OF TH IS COMPACT, IF 13
382+A LICENSEE DOES NOT MEE T THE REQUIREMENTS SET FORTH IN THIS COMPACT 14
383+FOR THE REISSUANCE O F A MULTISTATE LICENSE BY THE NEW HOME STATE, THEN 15
384+THE LICENSEE SHALL BE SUB JECT TO THE NEW HOME STATE REQUIREMENTS FO R 16
385+THE ISSUANCE OF A SINGLE–STATE LICENSE IN THAT STATE. 17
418386
419- B. A HOME STATE MAY TAKE ADVERSE ACTION ON A MULTISTATE
420-LICENSE BASED ON THE INVESTIGATIVE INFORMATION , CURRENT SIGNIFICANT
421-INVESTIGATIVE INFORMATION , OR ADVERSE ACTION OF A REMOTE STATE.
387+ C. IF A LICENSEE CHANGES THEI R PRIMARY STATE OF RESIDENCE BY 18
388+MOVING FROM A MEMBER STATE TO A NON –MEMBER STATE, OR FROM A 19
389+NON–MEMBER STATE TO A MEMBER STATE, THEN THE LICENSEE SHALL BE 20
390+SUBJECT TO THE STATE REQUIREMENTS FO R THE ISSUANCE OF A SINGLE–STATE 21
391+LICENSE IN THE NEW HOME STATE. 22
422392
423- C. IN ADDITION TO THE PO WERS CONFERRED BY STATE LAW, EACH
424-REMOTE STATE’S STATE LICENSING AUTHORITY SHALL HAVE THE POWER TO :
393+ D. NOTHING IN THIS COMPACT SHALL INTERFE RE WITH A LICENSEE’S 23
394+ABILITY TO HOLD A SINGLE–STATE LICENSE IN MULTIPLE STATES; HOWEVER F OR 24
395+THE PURPOSES OF THIS COMPACT, A LICENSEE SHALL HAVE O NLY ONE HOME 25
396+STATE AND ONLY ONE MULTISTATE LICENSE. 26
425397
426- 1. TAKE ADVERSE ACTION AGAINST A LICENSEE’S AUTHORIZATION
427-TO PRACTICE COSMETOLOGY THROUGH T HE MULTISTATE LICENSE IN THAT
428-MEMBER STATE, PROVIDED THAT :
398+ E. NOTHING IN THIS COMPACT MAY INTERFERE WITH THE R EQUIREMENTS 27
399+ESTABLISHED BY A MEMBER STATE FOR THE ISSUANC E OF A SINGLE–STATE 28
400+LICENSE. 29
429401
430- A. ONLY THE LICENSEE’S HOME STATE SHALL HAVE THE
431-POWER TO TAKE ADVERSE ACTION AGAINST THE MULTISTATE LICENSE ISSUED BY
432-THE HOME STATE; AND
402+ARTICLE 6. AUTHORITY OF THE COMPACT COMMISSION AND MEMBER STATE 30
403+LICENSING AUTHORITIES. 31
433404
434- B. FOR THE PURPOSES OF T AKING ADVERSE ACTION, THE
435-HOME STATE’S STATE LICENSING AUTHORITY SHALL GIVE THE SAME PRIORITY
436-AND EFFECT TO REPORT ED CONDUCT RE CEIVED FROM A REMOTE STATE AS IT
437-WOULD IF THE CONDUCT HAD OCCURRED WITHIN THE HOME STATE. IN SO DOING,
438-THE HOME STATE SHALL APPLY ITS OWN STATE LAWS TO DETERMI NE THE
439-APPROPRIATE ACTION .
405+ A. NOTHING IN THIS COMPACT, NOR ANY RULE OR REGULATION OF THE 32
406+COMMISSION, MAY BE CONSTRUED TO LIMI T, RESTRICT, OR IN ANY WAY REDUCE 33
407+THE ABILITY OF A MEMBER STATE TO ENACT AND EN FORCE LAWS, REGULATIONS , 34
408+OR OTHER RULES RELAT ED TO THE PRACTICE OF COSMETOLOGY IN THAT STATE, 35 10 HOUSE BILL 383
440409
441- 2. ISSUE CEASE AND DESIS T ORDERS OR IMPOSE A N ENCUMBRANCE
442-ON A LICENSEE’S AUTHORIZATION TO PRACTICE WITHIN THAT MEMBER STATE.
443410
444- 3. COMPLETE ANY PENDING INVESTIGATIONS OF A LICENSEE WHO
445-CHANGES THEIR PRIMAR Y STATE OF RESIDENCE DU RING THE COURSE OF S UCH AN
446-INVESTIGATION . THE STATE LICENSING AUTHORITY MAY REPORT THE RESULTS OF
447-AN INVESTIGATION TO THE COMMISSION THROUGH TH E DATA SYSTEM AS WES MOORE, Governor Ch. 328
411+IF THOSE LAWS, REGULATIONS , OR OTHER RULES ARE N OT INCONSISTEN T WITH THE 1
412+PROVISIONS OF THIS COMPACT. 2
448413
449-– 11 –
450-DESCRIBED HEREIN .
414+ B. INSOFAR AS PRACTICAL , A MEMBER STATE’S STATE LICENSING 3
415+AUTHORITY SHALL COOPE RATE WITH THE COMMISSION AND WITH E ACH ENTITY 4
416+EXERCISING INDEPENDE NT REGULATORY AUTHOR ITY OVER THE PRACTICE OF 5
417+COSMETOLOGY ACCORDING TO THE PROVISIONS OF TH IS COMPACT. 6
451418
452- 4. ISSUE SUBPOENAS FOR B OTH HEARINGS AND INV ESTIGATIONS
453-THAT REQUIRE THE ATT ENDANCE AND TESTIMON Y OF WITNESSES, AS WELL AS THE
454-PRODUCTION OF EVIDEN CE. SUBPOENAS ISSUE D BY A STATE LICENSING
455-AUTHORITY IN A MEMBER STATE FOR THE ATTENDA NCE AND TESTIMONY OF
456-WITNESSES OR THE PRO DUCTION OF EVIDENCE FROM ANOTHER MEMBER STATE
457-SHALL BE ENFORCED IN THE LATTER STATE BY ANY COURT OF COMPETENT
458-JURISDICTION, ACCORDING TO THE PRA CTICE AND PROCEDURE OF THAT COURT
459-APPLICABLE TO SUBPOE NAS ISSUED IN PROCEE DINGS BEFORE IT . THE ISSUING
460-STATE LICENSING AUTHORITY SHALL PAY A NY WITNESS FEES , TRAVEL EXPENSES ,
461-MILEAGE, AND OTHER FEES REQUIRED BY T HE SERVICE STATUTES OF THE STATE IN
462-WHICH THE WITNESSES OR EVIDENCE ARE LOCA TED.
419+ C. DISCIPLINE SHALL BE T HE SOLE RESPONSIBILI TY OF THE STATE IN 7
420+WHICH COSMETOLOGY SERVICES ARE PROVIDED . ACCORDINGLY , EACH MEMBER 8
421+STATE’S STATE LICENSING AUTHORITY SHALL BE RE SPONSIBLE FOR RECEIV ING 9
422+COMPLAINTS ABOUT IND IVIDUALS PRACTICING COSMETOLOGY IN THAT STATE AND 10
423+FOR COMMUNICATING AL L RELEVANT INVESTIGATIVE INFORMATION ABOUT ANY 11
424+SUCH ADVERSE ACTION TO THE OTHER MEMBER STATES THROUGH THE DATA 12
425+SYSTEM IN ADDITION TO ANY OTHER METHODS THE COMMISSION MAY BY RULE 13
426+REQUIRE. 14
463427
464- 5. IF OTHERWISE PERMITTED BY STATE LAW, RECOVER FROM THE
465-AFFECTED LICENSEE THE COSTS OF INVESTIGATIONS AND D ISPOSITION OF CASES
466-RESULTING FROM ANY ADVERSE ACTION TAKEN AGAINST THAT LICENSEE.
428+ARTICLE 7. ADVERSE ACTIONS. 15
467429
468- 6. TAKE ADVERSE ACTION AGAINST THE LICENSEE’S
469-AUTHORIZATION TO PRACTICE IN THAT STATE BASED ON THE FA CTUAL FINDINGS
470-OF ANOTHER REMOTE STATE.
430+ A. A LICENSEE’S HOME STATE SHALL HAVE EXCL USIVE POWER TO IMPOS E 16
431+AN ADVERSE ACTION AGAINST A LICENSEE’S MULTISTATE LICENSE ISSUED BY THE 17
432+HOME STATE. 18
471433
472- D. A LICENSEE’S HOME STATE SHALL COMPLETE ANY PENDING
473-INVESTIGATION OF A COSMETOLOGIST WHO CHA NGES THEIR PRIMARY STATE OF
474-RESIDENCE DURING THE COURSE OF THE INVEST IGATION. THE HOME STATE SHALL
475-ALSO HAVE THE AUTHOR ITY TO TAKE APPROPRI ATE ACTION AND SHALL PROMPTLY
476-REPORT THE CONCLUSIO NS OF THE INVESTIGAT IONS TO THE DATA SYSTEM.
434+ B. A HOME STATE MAY TAKE ADVERSE ACTION ON A MULTISTATE 19
435+LICENSE BASED ON THE INVESTIGATIVE INFORMATION , CURRENT SIGNIFICANT 20
436+INVESTIGATIVE INFORMATION , OR ADVERSE ACTION OF A REMOTE STATE. 21
477437
478- E. IF AN ADVERSE ACTION IS TAKEN BY TH E HOME STATE AGAINST A
479-LICENSEE’S MULTISTATE LICENSE, THE LICENSEE’S AUTHORIZATION TO
480-PRACTICE IN ALL OTHER MEMBER STATES SHALL BE DEACT IVATED UNT IL ALL
481-ENCUMBRANCES HAVE BEE N REMOVED FROM THE HOME STATE LICENSE. ALL
482-HOME STATE DISCIPLINARY OR DERS THAT IMPOSE AN ADVERSE ACTION AGAINST
483-A LICENSEE’S MULTISTATE LICENSE SHALL INCLUDE A STATEMENT THAT THE
484-COSMETOLOGIST ’S AUTHORIZATION TO PRACTICE IS DEACTIVAT ED IN ALL
485-MEMBER STATES DURING THE PEN DENCY OF THE ORDER .
438+ C. IN ADDITION TO THE PO WERS CONFERRED BY STATE LAW, EACH 22
439+REMOTE STATE’S STATE LICENSING AUTHORITY SHALL HAVE THE POWER TO : 23
486440
487- F. NOTHING IN THIS COMPACT SHALL OVERRID E A MEMBER STATE’S
488-AUTHORITY TO ACCEPT A LICENSEE’S PARTICIPATION IN A N ALTERNATIVE
489-PROGRAM IN LIEU OF ADVERSE ACTION. A LICENSEE’S MULTISTATE LICENSE
490-SHALL BE SUSPENDED F OR THE DURATION OF T HE LICENSEE’S PARTICIPATION IN
491-ANY ALTERNATIVE PROGRAM.
492- Ch. 328 2024 LAWS OF MARYLAND
441+ 1. TAKE ADVERSE ACTION AGAINST A LICENSEE’S AUTHORIZATION 24
442+TO PRACTICE COSMETOLOGY THROUGH T HE MULTISTATE LICENSE IN THAT 25
443+MEMBER STATE, PROVIDED THAT : 26
493444
494-– 12 –
495- G. JOINT INVESTIGATIONS .
445+ A. ONLY THE LICENSEE’S HOME STATE SHALL HAVE THE 27
446+POWER TO TAKE ADVERSE ACTION AGAINST THE MULTISTATE LICENSE ISSUED BY 28
447+THE HOME STATE; AND 29
496448
497- 1. IN ADDITION TO THE AU THORITY GRANTED TO A MEMBER STATE
498-BY ITS RESPECTIVE SC OPE OF PRACTICE LAWS OR OTHER APPLI CABLE STATE LAW,
499-A MEMBER STATE MAY PARTICIPATE WITH OTHER MEMBER STATES IN JOINT
500-INVESTIGATIONS OF LICENSEES.
449+ B. FOR THE PURPOSES OF T AKING ADVERSE ACTION, THE 30
450+HOME STATE’S STATE LICENSING AUTHORITY SHALL GIVE THE SAME PRIORITY 31
451+AND EFFECT TO REPORT ED CONDUCT RE CEIVED FROM A REMOTE STATE AS IT 32
452+WOULD IF THE CONDUCT HAD OCCURRED WITHIN THE HOME STATE. IN SO DOING, 33
453+THE HOME STATE SHALL APPLY ITS OWN STATE LAWS TO DETERMI NE THE 34 HOUSE BILL 383 11
501454
502- 2. MEMBER STATES SHALL SHARE AN Y INVESTIGATIVE, LITIGATION,
503-OR COMPLIANCE MATERI ALS IN FURTHERANCE O F ANY JOINT OR INDIV IDUAL
504-INVESTIGATION INITIATED UNDER THE COMPACT.
505455
506-ARTICLE 8. ACTIVE MILITARY MEMBERS AND THEIR SPOUSES.
456+APPROPRIATE ACTION . 1
507457
508- ACTIVE MILITARY MEMBERS, OR THEIR SPOUSES , SHALL DESIGNATE A HOME
509-STATE WHERE THE INDIV IDUAL HAS A CURRENT LICENSE TO PRACTICE
510-COSMETOLOGY IN GOOD S TANDING. THE INDIVIDUA L MAY RETAIN THEIR HOME
511-STATE DESIGNATION DUR ING ANY PERIOD OF SE RVICE WHEN THAT INDI VIDUAL OR
512-THEIR SPOUSE IS ON A CTIVE DUTY ASSIGNMEN T.
458+ 2. ISSUE CEASE AND DESIS T ORDERS OR IMPOSE A N ENCUMBRANCE 2
459+ON A LICENSEE’S AUTHORIZATION TO PRACTICE WITHIN THAT MEMBER STATE. 3
513460
514-ARTICLE 9. ESTABLISHMENT AND OPERATION OF THE COSMETOLOGY LICENSURE
515-COMPACT COMMISSION.
461+ 3. COMPLETE ANY PENDING INVESTIGATIONS OF A LICENSEE WHO 4
462+CHANGES THEIR PRIMAR Y STATE OF RESIDENCE DU RING THE COURSE OF S UCH AN 5
463+INVESTIGATION . THE STATE LICENSING AUTHORITY MAY REPORT THE RESULTS OF 6
464+AN INVESTIGATION TO THE COMMISSION THROUGH TH E DATA SYSTEM AS 7
465+DESCRIBED HEREIN . 8
516466
517- A. THE COMPACT MEMBER STATES HEREBY CREATE AND ESTABLISH A
518-JOINT GOVERNMENT AGE NCY WHOSE MEMBERSHIP CONSISTS OF ALL MEMBER
519-STATES THAT HAVE ENAC TED THE COMPACT KNOWN AS THE COSMETOLOGY
520-LICENSURE COMPACT COMMISSION. THE COMMISSION IS AN INSTRUMENTALIT Y
521-OF THE COMPACT MEMBER STATES ACTING JOINTLY AND NOT AN
522-INSTRUMENTALITY OF A NY ONE STATE. THE COMMISSION SHALL COME INTO
523-EXISTENCE ON OR AFTE R THE EFFECTIVE DATE OF THE COMPACT AS SET FORTH IN
524-ARTICLE 13.
467+ 4. ISSUE SUBPOENAS FOR B OTH HEARINGS AND INV ESTIGATIONS 9
468+THAT REQUIRE THE ATT ENDANCE AND TESTIMON Y OF WITNESSES, AS WELL AS THE 10
469+PRODUCTION OF EVIDEN CE. SUBPOENAS ISSUE D BY A STATE LICENSING 11
470+AUTHORITY IN A MEMBER STATE FOR THE ATTENDA NCE AND TESTIMONY OF 12
471+WITNESSES OR THE PRO DUCTION OF EVIDENCE FROM ANOTHER MEMBER STATE 13
472+SHALL BE ENFORCED IN THE LATTER STATE BY ANY COURT OF COMPETENT 14
473+JURISDICTION, ACCORDING TO THE PRA CTICE AND PROCEDURE OF THAT COURT 15
474+APPLICABLE TO SUBPOE NAS ISSUED IN PROCEE DINGS BEFORE IT . THE ISSUING 16
475+STATE LICENSING AUTHORITY SHALL PAY A NY WITNESS FEES , TRAVEL EXPENSES , 17
476+MILEAGE, AND OTHER FEES REQUIRED BY T HE SERVICE STATUTES OF THE STATE IN 18
477+WHICH THE WITNESSES OR EVIDENCE ARE LOCA TED. 19
525478
526- B. MEMBERSHIP, VOTING, AND MEETINGS.
479+ 5. IF OTHERWISE PERMITTED BY STATE LAW, RECOVER FROM THE 20
480+AFFECTED LICENSEE THE COSTS OF INVESTIGATIONS AND D ISPOSITION OF CASES 21
481+RESULTING FROM ANY ADVERSE ACTION TAKEN AGAINST THAT LICENSEE. 22
527482
528- 1. EACH MEMBER STATE SHALL HAVE AND BE LIMITED TO ONE
529-DELEGATE SELECTED BY THAT MEMBER STATE’S STATE LICENSING AUTHORITY.
483+ 6. TAKE ADVERSE ACTION AGAINST THE LICENSEE’S 23
484+AUTHORIZATION TO PRACTICE IN THAT STATE BASED ON THE FA CTUAL FINDINGS 24
485+OF ANOTHER REMOTE STATE. 25
530486
531- 2. THE DELEGATE SHALL BE AN ADMINISTRATOR OF THE STATE
532-LICENSING AUTHORITY OF THE MEMBER STATE OR THEIR DESIGN EE.
487+ D. A LICENSEE’S HOME STATE SHALL COMPLETE ANY PENDING 26
488+INVESTIGATION OF A COSMETOLOGIST WHO CHA NGES THEIR PRIMARY STATE OF 27
489+RESIDENCE DURING THE COURSE OF THE INVEST IGATION. THE HOME STATE SHALL 28
490+ALSO HAVE THE AUTHOR ITY TO TAKE APPROPRI ATE ACTION AND SHALL PROMPTLY 29
491+REPORT THE CONCLUSIO NS OF THE INVESTIGAT IONS TO THE DATA SYSTEM. 30
533492
534- 3. THE COMMISSION SHALL BY RULE OR BYLAW ESTABLI SH A TERM
535-OF OFFICE FOR DELEGA TES AND MAY BY RULE OR BYLAW ESTABLI SH TERM LIMITS.
536- WES MOORE, Governor Ch. 328
493+ E. IF AN ADVERSE ACTION IS TAKEN BY TH E HOME STATE AGAINST A 31
494+LICENSEE’S MULTISTATE LICENSE, THE LICENSEE’S AUTHORIZATION TO 32
495+PRACTICE IN ALL OTHER MEMBER STATES SHALL BE DEACT IVATED UNT IL ALL 33
496+ENCUMBRANCES HAVE BEE N REMOVED FROM THE HOME STATE LICENSE. ALL 34
497+HOME STATE DISCIPLINARY OR DERS THAT IMPOSE AN ADVERSE ACTION AGAINST 35
498+A LICENSEE’S MULTISTATE LICENSE SHALL INCLUDE A STATEMENT THAT THE 36 12 HOUSE BILL 383
537499
538-– 13 –
539- 4. THE COMMISSION MAY RECOMM END REMOVAL OR SUSPE NSION
540-OF ANY DELEGATE FROM OFFICE.
541500
542- 5. A MEMBER STATE’S STATE LICENSING AUTHORITY SHALL FILL
543-ANY VACANCY OF ITS DELEGATE OCCURRING ON THE COMMISSION WITHIN 60 DAYS
544-OF THE VACANCY .
501+COSMETOLOGIST ’S AUTHORIZATION TO PRACTICE IS DEACTIVAT ED IN ALL 1
502+MEMBER STATES DURING THE PEN DENCY OF THE ORDER . 2
545503
546- 6. EACH DELEGATE SHALL B E ENTITLED TO ONE VO TE ON ALL
547-MATTERS THAT ARE VOT ED ON BY THE COMMISSION.
504+ F. NOTHING IN THIS COMPACT SHALL OVERRID E A MEMBER STATE’S 3
505+AUTHORITY TO ACCEPT A LICENSEE’S PARTICIPATION IN A N ALTERNATIVE 4
506+PROGRAM IN LIEU OF ADVERSE ACTION. A LICENSEE’S MULTISTATE LICENSE 5
507+SHALL BE SUSPENDED F OR THE DURATION OF T HE LICENSEE’S PARTICIPATION IN 6
508+ANY ALTERNATIVE PROGRAM. 7
548509
549- 7. THE COMMISSION SHALL MEET AT LEAST ONCE DURING EACH
550-CALENDAR YEAR . ADDITIONAL MEETINGS M AY BE HELD AS SET FO RTH IN THE
551-BYLAWS. THE COMMISSION MAY MEET B Y TELECOMMUNICATION , VIDEO
552-CONFERENCE , OR OTHER SIMILAR ELE CTRONIC MEANS .
510+ G. JOINT INVESTIGATIONS . 8
553511
554- C. THE COMMISSION SHALL HAVE THE FOLLOWING POWERS :
512+ 1. IN ADDITION TO THE AU THORITY GRANTED TO A MEMBER STATE 9
513+BY ITS RESPECTIVE SC OPE OF PRACTICE LAWS OR OTHER APPLI CABLE STATE LAW, 10
514+A MEMBER STATE MAY PARTICIPATE WITH OTHER MEMBER STATES IN JOINT 11
515+INVESTIGATIONS OF LICENSEES. 12
555516
556- 1. ESTABLISH THE FISCAL YEAR OF THE COMMISSION;
517+ 2. MEMBER STATES SHALL SHARE AN Y INVESTIGATIVE, LITIGATION, 13
518+OR COMPLIANCE MATERI ALS IN FURTHERANCE O F ANY JOINT OR INDIV IDUAL 14
519+INVESTIGATION INITIATED UNDER THE COMPACT. 15
557520
558- 2. ESTABLISH A CODE OF C ONDUCT AND CONFLICT OF INTEREST
559-POLICIES;
521+ARTICLE 8. ACTIVE MILITARY MEMBERS AND THEIR SPOUSES. 16
560522
561- 3. ADOPT RULES AND BYLAWS ;
523+ ACTIVE MILITARY MEMBERS, OR THEIR SPOUSES , SHALL DESIGNATE A HOME 17
524+STATE WHERE THE INDIV IDUAL HAS A CURRENT LICENSE TO PRACTICE 18
525+COSMETOLOGY IN GOOD S TANDING. THE INDIVIDUA L MAY RETAIN THEIR HOME 19
526+STATE DESIGNATION DUR ING ANY PERIOD OF SE RVICE WHEN THAT INDI VIDUAL OR 20
527+THEIR SPOUSE IS ON A CTIVE DUTY ASSIGNMEN T. 21
562528
563- 4. MAINTAIN ITS FINANCIA L RECORDS IN ACCORDA NCE WITH THE
564-BYLAWS;
529+ARTICLE 9. ESTABLISHMENT AND OPERATION OF THE COSMETOLOGY LICENSURE 22
530+COMPACT COMMISSION. 23
565531
566- 5. MEET AND TAKE SUCH AC TIONS AS ARE CONSIST ENT WITH THE
567-PROVISIONS OF TH IS COMPACT, THE COMMISSION’S RULES, AND THE BYLAWS ;
532+ A. THE COMPACT MEMBER STATES HEREBY CREATE AND ESTABLISH A 24
533+JOINT GOVERNMENT AGE NCY WHOSE MEMBERSHIP CONSISTS OF ALL MEMBER 25
534+STATES THAT HAVE ENAC TED THE COMPACT KNOWN AS THE COSMETOLOGY 26
535+LICENSURE COMPACT COMMISSION. THE COMMISSION IS AN INSTRUMENTALIT Y 27
536+OF THE COMPACT MEMBER STATES ACTING JOINTLY AND NOT AN 28
537+INSTRUMENTALITY OF A NY ONE STATE. THE COMMISSION SHALL COME INTO 29
538+EXISTENCE ON OR AFTE R THE EFFECTIVE DATE OF THE COMPACT AS SET FORTH IN 30
539+ARTICLE 13. 31
568540
569- 6. INITIATE AND CONCLUDE LEGAL PROCEEDINGS OR ACTIONS IN
570-THE NAME OF THE COMMISSION, PROVIDED THAT THE ST ANDING OF ANY STATE
571-LICENSING AUTHORITY TO SUE OR B E SUED UNDER APPLICA BLE LAW MAY NOT BE
572-AFFECTED;
541+ B. MEMBERSHIP, VOTING, AND MEETINGS. 32
573542
574- 7. MAINTAIN AND CERTIFY RECORDS AND INFORMAT ION PROVIDED
575-TO A MEMBER STATE AS THE AUTHENTI CATED BUSINESS RECOR DS OF THE
576-COMMISSION AND DESIGNATE AN AGE NT TO DO SO ON THE COMMISSION’S BEHALF;
543+ 1. EACH MEMBER STATE SHALL HAVE AND BE LIMITED TO ONE 33 HOUSE BILL 383 13
577544
578- 8. PURCHASE AND MAINTAIN INSURANCE AND BONDS ;
579545
580- 9. BORROW, ACCEPT, OR CONTRACT FOR SERV ICES OF PERSONNEL ,
581-INCLUDING EMPLOYEES OF A MEMBER STATE; Ch. 328 2024 LAWS OF MARYLAND
546+DELEGATE SELECTED BY THAT MEMBER STATE’S STATE LICENSING AUTHORITY. 1
582547
583-– 14 –
548+ 2. THE DELEGATE SHALL BE AN ADMINISTRATOR OF THE STATE 2
549+LICENSING AUTHORITY OF THE MEMBER STATE OR THEIR DESIGN EE. 3
584550
585- 10. CONDUCT AN ANNUAL FIN ANCIAL REVIEW ;
551+ 3. THE COMMISSION SHALL BY RULE OR BYLAW ESTABLI SH A TERM 4
552+OF OFFICE FOR DELEGA TES AND MAY BY RULE OR BYLAW ESTABLI SH TERM LIMITS. 5
586553
587- 11. HIRE EMPLOYEES , ELECT OR APPOINT OFF ICERS, FIX
588-COMPENSATION , DEFINE DUTIES , GRANT SUCH INDIVIDUALS APPROPRI ATE
589-AUTHORITY TO CARRY OUT THE PURPOSES OF THE COMPACT, AND ESTABLISH THE
590-COMMISSION’S PERSONNEL POLICIES AND PROGRAMS RELATIN G TO CONFLICTS OF
591-INTEREST, QUALIFICATIONS OF PE RSONNEL, AND OTHER RELATED PE RSONNEL
592-MATTERS;
554+ 4. THE COMMISSION MAY RECOMM END REMOVAL OR SUSPE NSION 6
555+OF ANY DELEGATE FROM OFFICE. 7
593556
594- 12. AS SET FORTH IN THE COMMISSION RULES, CHARGE A FEE TO A
595-LICENSEE FOR THE GRAN T OF A MULTISTATE LICENSE AND THEREAFTE R, AS MAY
596-BE ESTABLISHED BY COMMISSION RULE, CHARGE THE LICENSEE A MULTISTATE
597-LICENSE RENEWAL FEE F OR EACH RENEWAL PERI OD. NOTHING HEREIN MAY BE
598-CONSTRUED TO PREVENT A HOME STATE FROM CHARGING A LICENSEE A FEE FOR
599-A MULTISTATE LICENSE OR RENEWALS O F A MULTISTATE LICENSE, OR A FEE FOR
600-THE JURISPRUDENCE REQUIREMENT IF THE MEMBER STATE IMPOSES SUCH A
601-REQUIREMENT FOR THE GRANT OF A MULTISTATE LICENSE;
557+ 5. A MEMBER STATE’S STATE LICENSING AUTHORITY SHALL FILL 8
558+ANY VACANCY OF ITS DELEGATE OCCURRING ON THE COMMISSION WITHIN 60 DAYS 9
559+OF THE VACANCY . 10
602560
603- 13. ASSESS AND COLLECT FE ES;
561+ 6. EACH DELEGATE SHALL B E ENTITLED TO ONE VO TE ON ALL 11
562+MATTERS THAT ARE VOT ED ON BY THE COMMISSION. 12
604563
605- 14. ACCEPT ANY AND ALL AP PROPRIATE GIFTS , DONATIONS, GRANTS
606-OF MONEY, OTHER SOURCES OF REV ENUE, EQUIPMENT, SUPPLIES, MATERIALS, AND
607-SERVICES, AND RECEIVE, UTILIZE, AND DISPOSE OF THE S AME; PROVIDED THAT AT
608-ALL TIMES THE COMMISSION SHALL AVOI D ANY APPEARANCE OF IMPROP RIETY OR
609-CONFLICT OF INTEREST ;
564+ 7. THE COMMISSION SHALL MEET AT LEAST ONCE DURING EACH 13
565+CALENDAR YEAR . ADDITIONAL MEETINGS M AY BE HELD AS SET FO RTH IN THE 14
566+BYLAWS. THE COMMISSION MAY MEET B Y TELECOMMUNICATION , VIDEO 15
567+CONFERENCE , OR OTHER SIMILAR ELE CTRONIC MEANS . 16
610568
611- 15. LEASE, PURCHASE, RETAIN, OWN, HOLD, IMPROVE, OR USE ANY
612-PROPERTY, REAL, PERSONAL, OR MIXED, OR ANY UNDIVIDED INT EREST THEREIN ;
569+ C. THE COMMISSION SHALL HAVE THE FOLLOWING POWERS : 17
613570
614- 16. SELL, CONVEY, MORTGAGE , PLEDGE, LEASE, EXCHANGE,
615-ABANDON, OR OTHERWISE DISPOSE OF A NY PROPERTY, REAL, PERSONAL, OR MIXED;
571+ 1. ESTABLISH THE FISCAL YEAR OF THE COMMISSION; 18
616572
617- 17. ESTABLISH A BUDGET AN D MAKE EXPENDITURES ;
573+ 2. ESTABLISH A CODE OF C ONDUCT AND CONFLICT OF INTEREST 19
574+POLICIES; 20
618575
619- 18. BORROW MONEY ;
576+ 3. ADOPT RULES AND BYLAWS ; 21
620577
621- 19. APPOINT COMMITTEES , INCLUDING STANDING C OMMITTEES,
622-COMPOSED OF MEMBERS , STATE REGULATORS , STATE LEGISLATORS OR THEIR
623-REPRESENTATIVES , AND CONSUMER REPRESE NTATIVES, AND SUCH OTHER
624-INTERESTED PERSONS AS MAY BE DESIGNATED IN THIS COMPACT AND THE BYLAW S;
625- WES MOORE, Governor Ch. 328
578+ 4. MAINTAIN ITS FINANCIA L RECORDS IN ACCORDA NCE WITH THE 22
579+BYLAWS; 23
626580
627-– 15 –
628- 20. PROVIDE AND RECEIVE I NFORMATION FROM AND COOPERATE
629-WITH LAW ENFORCEMENT AGENCIES;
581+ 5. MEET AND TAKE SUCH AC TIONS AS ARE CONSIST ENT WITH THE 24
582+PROVISIONS OF TH IS COMPACT, THE COMMISSION’S RULES, AND THE BYLAWS ; 25
630583
631- 21. ELECT A CHAIR, VICE CHAIR, SECRETARY AND TREASURER AND
632-SUCH OTHER OFFICERS OF TH E COMMISSION AS PROVIDE D IN THE COMMISSION’S
633-BYLAWS;
584+ 6. INITIATE AND CONCLUDE LEGAL PROCEEDINGS OR ACTIONS IN 26
585+THE NAME OF THE COMMISSION, PROVIDED THAT THE ST ANDING OF ANY STATE 27
586+LICENSING AUTHORITY TO SUE OR B E SUED UNDER APPLICA BLE LAW MAY NOT BE 28
587+AFFECTED; 29
588+ 14 HOUSE BILL 383
634589
635- 22. ESTABLISH AND ELECT A N EXECUTIVE COMMITTEE, INCLUDING
636-A CHAIR AND A VICE CHAIR;
637590
638- 23. ADOPT AND PROVIDE TO THE MEMBER STATES AN ANNUAL
639-REPORT;
591+ 7. MAINTAIN AND CERTIFY RECORDS AND INFORMAT ION PROVIDED 1
592+TO A MEMBER STATE AS THE AUTHENTI CATED BUSINESS RECOR DS OF THE 2
593+COMMISSION AND DESIGNATE AN AGE NT TO DO SO ON THE COMMISSION’S BEHALF; 3
640594
641- 24. DETERMINE WHETHER A STATE’S ADOPTED LANGUAGE I S
642-MATERIALLY DIFFERENT FROM THE MODEL COMPACT LANGUAGE SUCH THAT THE
643-STATE WOULD NOT QUALI FY FOR PARTICIPATION IN THE COMPACT; AND
595+ 8. PURCHASE AND MAINTAIN INSURANCE AND BONDS ; 4
644596
645- 25. PERFORM SUCH OTHER FUNCTIONS AS M AY BE NECESSARY OR
646-APPROPRIATE TO ACHIE VE THE PURPOSES OF T HIS COMPACT.
597+ 9. BORROW, ACCEPT, OR CONTRACT FOR SERV ICES OF PERSONNEL , 5
598+INCLUDING EMPLOYEES OF A MEMBER STATE; 6
647599
648- D. THE EXECUTIVE COMMITTEE.
600+ 10. CONDUCT AN ANNUAL FIN ANCIAL REVIEW ; 7
649601
650- 1. THE EXECUTIVE COMMITTEE SHALL HAVE THE POWER TO ACT ON
651-BEHALF OF THE COMMISSION ACCORDING TO THE TERMS OF THIS COMPACT. THE
652-POWERS, DUTIES, AND RESPONSIBILITIES OF THE EXECUTIVE COMMITTEE SHALL
653-INCLUDE:
602+ 11. HIRE EMPLOYEES , ELECT OR APPOINT OFF ICERS, FIX 8
603+COMPENSATION , DEFINE DUTIES , GRANT SUCH INDIVIDUALS APPROPRI ATE 9
604+AUTHORITY TO CARRY OUT THE PURPOSES OF THE COMPACT, AND ESTABLISH THE 10
605+COMMISSION’S PERSONNEL POLICIES AND PROGRAMS RELATIN G TO CONFLICTS OF 11
606+INTEREST, QUALIFICATIONS OF PE RSONNEL, AND OTHER RELATED PE RSONNEL 12
607+MATTERS; 13
654608
655- A. OVERSEEING THE DAY –TO–DAY ACTIVITIES OF TH E
656-ADMINISTRATION OF TH E COMPACT INCLUDING COM PLIANCE WITH THE
657-PROVISIONS OF THE COMPACT, THE COMMISSION’S RULES AND BYLAWS , AND SUCH
658-OTHER DUTIES AS DEEM ED NECESSARY ;
609+ 12. AS SET FORTH IN THE COMMISSION RULES, CHARGE A FEE TO A 14
610+LICENSEE FOR THE GRAN T OF A MULTISTATE LICENSE AND THEREAFTE R, AS MAY 15
611+BE ESTABLISHED BY COMMISSION RULE, CHARGE THE LICENSEE A MULTISTATE 16
612+LICENSE RENEWAL FEE F OR EACH RENEWAL PERI OD. NOTHING HEREIN MAY BE 17
613+CONSTRUED TO PREVENT A HOME STATE FROM CHARGING A LICENSEE A FEE FOR 18
614+A MULTISTATE LICENSE OR RENEWALS O F A MULTISTATE LICENSE, OR A FEE FOR 19
615+THE JURISPRUDENCE REQUIREMENT IF THE MEMBER STATE IMPOSES SUCH A 20
616+REQUIREMENT FOR THE GRANT OF A MULTISTATE LICENSE; 21
659617
660- B. RECOMMENDING TO THE COMMISSION CHANGES TO THE
661-RULES OR BYLAWS , CHANGES TO THIS COMPACT LEGISLATION , FEES CHARGED TO
662-COMPACT MEMBER STATES, FEES CHARGED TO LICENSEES, AND OTHER FEES ;
618+ 13. ASSESS AND COLLECT FEES; 22
663619
664- C. ENSURING COMPACT ADMI NISTRATION SERVICES ARE
665-APPROPRIATELY PROVID ED, INCLUDING BY CONTRAC T;
620+ 14. ACCEPT ANY AND ALL AP PROPRIATE GIFTS , DONATIONS, GRANTS 23
621+OF MONEY, OTHER SOURCES OF REV ENUE, EQUIPMENT, SUPPLIES, MATERIALS, AND 24
622+SERVICES, AND RECEIVE, UTILIZE, AND DISPOSE OF THE S AME; PROVIDED THAT AT 25
623+ALL TIMES THE COMMISSION SHALL AVOI D ANY APPEARANCE OF IMPROP RIETY OR 26
624+CONFLICT OF INTEREST ; 27
666625
667- D. PREPARING AND RECOMME NDING THE BUDGET ;
626+ 15. LEASE, PURCHASE, RETAIN, OWN, HOLD, IMPROVE, OR USE ANY 28
627+PROPERTY, REAL, PERSONAL, OR MIXED, OR ANY UNDIVIDED INT EREST THEREIN ; 29
668628
669- E. MAINTAINING FINANCIAL RECORDS ON BEHALF OF THE
670-COMMISSION; Ch. 328 2024 LAWS OF MARYLAND
629+ 16. SELL, CONVEY, MORTGAGE , PLEDGE, LEASE, EXCHANGE, 30
630+ABANDON, OR OTHERWISE DISPOSE OF A NY PROPERTY, REAL, PERSONAL, OR MIXED; 31
671631
672-– 16 –
632+ 17. ESTABLISH A BUDGET AN D MAKE EXPENDITURES ; 32
633+ HOUSE BILL 383 15
673634
674- F. MONITORING COMPACT COMPLIANCE OF MEMBER STATES
675-AND PROVIDING COMPLI ANCE REPORTS TO THE COMMISSION;
676635
677- G. ESTABLISHING ADDITION AL COMMITTEES AS NEC ESSARY;
636+ 18. BORROW MONEY ; 1
678637
679- H. EXERCISING THE POWERS AND DUTIES OF THE
680-COMMISSION DURING THE INTERIM BETWEEN COMMISSION MEETINGS , EXCEPT
681-FOR ADOPTING OR AMEN DING RULES, ADOPTING OR AMENDING BYLAWS, AND
682-EXERCISING ANY OTHER POWERS AND DUTIES EX PRESSLY RESERVED TO THE
683-COMMISSION BY RULE OR BYLAW ; AND
638+ 19. APPOINT COMMITTEES , INCLUDING STANDING C OMMITTEES, 2
639+COMPOSED OF MEMBERS , STATE REGULATORS , STATE LEGISLATORS OR THEIR 3
640+REPRESENTATIVES , AND CONSUMER REPRESE NTATIVES, AND SUCH OTHER 4
641+INTERESTED PERSONS AS MAY BE DESIGNATED IN THIS COMPACT AND THE BYLAW S; 5
684642
685- I. OTHER DUTIES AS PROVI DED IN THE RULES OR BYLAWS OF
686-THE COMMISSION.
643+ 20. PROVIDE AND RECEIVE I NFORMATION FROM AND COOPERATE 6
644+WITH LAW ENFORCEMENT AGENCIES; 7
687645
688- 2. THE EXECUTIVE COMMITTEE SHALL BE CO MPOSED OF UP TO
689-SEVEN VOTING MEMBERS .
646+ 21. ELECT A CHAIR, VICE CHAIR, SECRETARY AND TREASURER AND 8
647+SUCH OTHER OFFICERS OF TH E COMMISSION AS PROVIDE D IN THE COMMISSION’S 9
648+BYLAWS; 10
690649
691- A. THE CHAIR AND VICE CHAIR OF THE COMMISSION AND ANY
692-OTHER MEMBERS OF THE COMMISSION WHO SERVE ON THE EXECUTIVE
693-COMMITTEE SHALL BE VO TING MEMBERS OF THE EXECUTIVE COMMITTEE; AND
650+ 22. ESTABLISH AND ELECT A N EXECUTIVE COMMITTEE, INCLUDING 11
651+A CHAIR AND A VICE CHAIR; 12
694652
695- B. OTHER THAN THE CHAIR, VICE CHAIR, SECRETARY AND
696-TREASURER, THE COMMISSION SHALL ELEC T THREE VOTING MEMBE RS FROM THE
697-CURRENT MEMBERSHIP O F THE COMMISSION.
653+ 23. ADOPT AND PROVIDE TO THE MEMBER STATES AN ANNUAL 13
654+REPORT; 14
698655
699- C. THE COMMISSION MAY ELECT EX OFFICIO, NONVOTING
700-MEMBERS FROM A RECOG NIZED NATIONAL COSMETOLOGY PROFESSIO NAL
701-ASSOCIATION AS APPROVED BY THE COMMISSION. THE COMMISSION’S BYLAWS
702-SHALL IDENTIFY QUALI FYING ORGANIZATIONS AND THE MANNER OF AP POINTMENT
703-IF THE NUMBER OF ORG ANIZATIONS SEEKING T O APPOINT AN EX OFFI CIO MEMBER
704-EXCEEDS THE NUMBER O F MEMBERS SPECIFIED IN THIS ARTICLE.
656+ 24. DETERMINE WHETHER A STATE’S ADOPTED LANGUAGE I S 15
657+MATERIALLY DIFFERENT FROM THE MODEL COMPACT LANGUAGE SUCH THAT THE 16
658+STATE WOULD NOT QUALI FY FOR PARTICIPATION IN THE COMPACT; AND 17
705659
706- 3. THE COMMISSION MAY REMOVE ANY MEMBER OF THE EXECUTIVE
707-COMMITTEE AS PROVIDED IN THE COMMISSION’S BYLAWS.
660+ 25. PERFORM SUCH OTHER FUNCTIONS AS M AY BE NECESSARY OR 18
661+APPROPRIATE TO ACHIE VE THE PURPOSES OF T HIS COMPACT. 19
708662
709- 4. THE EXECUTIVE COMMITTEE SHALL MEET AT LEAST ANNUALLY .
663+ D. THE EXECUTIVE COMMITTEE. 20
710664
711- A. ANNUAL EXECUTIVE COMMITTEE MEETINGS , AS WELL AS
712-ANY EXECUTIVE COMMITTEE MEETING AT WHICH IT DOES NOT TA KE OR INTEND TO
713-TAKE FORMAL ACTION O N A MATTER FOR WHICH A COMMISSION VOTE WOULD
714-OTHERWISE BE REQUIRE D, SHALL BE OPEN TO THE PUBLIC, EXCEPT THAT THE WES MOORE, Governor Ch. 328
665+ 1. THE EXECUTIVE COMMITTEE SHALL HAVE THE POWER TO ACT ON 21
666+BEHALF OF THE COMMISSION ACCORDING TO THE TERMS OF THIS COMPACT. THE 22
667+POWERS, DUTIES, AND RESPONSIBILITIES OF THE EXECUTIVE COMMITTEE SHALL 23
668+INCLUDE: 24
715669
716-– 17 –
717-EXECUTIVE COMMITTEE MAY MEET IN A CLOSED, NON–PUBLIC SESSION OF A
718-PUBLIC MEETING WHEN DEALING WITH ANY OF THE MATTERS COVERED UNDER
719-ARTICLE 9.F.4.
670+ A. OVERSEEING THE DAY –TO–DAY ACTIVITIES OF TH E 25
671+ADMINISTRATION OF TH E COMPACT INCLUDING COM PLIANCE WITH THE 26
672+PROVISIONS OF THE COMPACT, THE COMMISSION’S RULES AND BYLAWS , AND SUCH 27
673+OTHER DUTIES AS DEEM ED NECESSARY ; 28
720674
721- B. THE EXECUTIVE COMMITTEE SHALL GIVE 5 BUSINESS DAYS
722-ADVANCE NOTICE OF IT S PUBLIC MEETINGS , POSTED ON ITS WEBSIT E AND AS
723-DETERMINED TO PROVID E NOTICE TO PERSONS WITH AN I NTEREST IN THE PUBLI C
724-MATTERS THE EXECUTIVE COMMITTEE INTENDS TO ADDRESS AT THOSE MEE TINGS.
675+ B. RECOMMENDING TO THE COMMISSION CHANGES TO THE 29
676+RULES OR BYLAWS , CHANGES TO THIS COMPACT LEGISLATION , FEES CHARGED TO 30
677+COMPACT MEMBER STATES, FEES CHARGED TO LICENSEES, AND OTHER FEES ; 31
678+ 16 HOUSE BILL 383
725679
726- 5. THE EXECUTIVE COMMITTEE MAY HOLD AN EMERGENCY
727-MEETING WHEN ACTING FOR THE COMMISSION TO :
728680
729- A. MEET AN IMMINENT THRE AT TO PUBLIC HEALTH , SAFETY,
730-OR WELFARE;
681+ C. ENSURING COMPACT ADMINISTRATIO N SERVICES ARE 1
682+APPROPRIATELY PROVID ED, INCLUDING BY CONTRAC T; 2
731683
732- B. PREVENT A LOSS OF COMMISSION OR MEMBER STATE
733-FUNDS; OR
684+ D. PREPARING AND RECOMME NDING THE BUDGET; 3
734685
735- C. PROTECT PUBLIC HEALTH AND SAFETY.
686+ E. MAINTAINING FINANCIAL RECORDS ON BEHALF OF THE 4
687+COMMISSION; 5
736688
737- E. THE COMMISSION SHALL ADOP T AND PROVIDE TO THE MEMBER
738-STATES AN ANNUAL REPO RT.
689+ F. MONITORING COMPACT COMPLIANCE OF MEMBER STATES 6
690+AND PROVIDING COMPLI ANCE REPORTS TO THE COMMISSION; 7
739691
740- F. MEETINGS OF THE COMMISSION.
692+ G. ESTABLISHING ADDITION AL COMMITTEES AS NEC ESSARY; 8
741693
742- 1. ALL MEETINGS OF THE COMMISSION THAT ARE N OT CLOSED
743-PURSUANT TO ARTICLE 9.F.4. SHALL BE OPEN TO THE PUBLIC. NOTICE OF PUBLIC
744-MEETINGS SHALL BE PO STED ON THE COMMISSION’S WEBSITE AT LEAST 30 DAYS
745-PRIOR TO THE PUBLIC MEETING .
694+ H. EXERCISING THE POWERS AND DUTIES OF THE 9
695+COMMISSION DURING THE INTERIM BETWEEN COMMISSION MEETINGS , EXCEPT 10
696+FOR ADOPTING OR AMEN DING RULES, ADOPTING OR AMENDING BYLAWS, AND 11
697+EXERCISING ANY OTHER POWERS AND DUTIES EX PRESSLY RESERVED TO THE 12
698+COMMISSION BY RULE OR BYLAW; AND 13
746699
747- 2. NOTWITHSTANDING ARTICLE 9.F.1., THE COMMISSION MAY
748-CONVENE AN EMERGENCY PUBLIC MEETING BY PR OVIDING AT LEAST 24 HOURS
749-PRIOR NOTICE ON THE COMMISSION’S WEBSITE, AND ANY OTHER MEANS AS
750-PROVIDED IN THE COMMISSION’S RULES, FOR ANY OF THE REASO NS IT MAY
751-DISPENSE WITH NOTICE OF PROPOSE D RULEMAKING UNDER ARTICLE 11.L. THE
752-COMMISSION’S LEGAL COUNSEL SHAL L CERTIFY THAT ONE O F THE REASONS
753-JUSTIFYING AN EMERGE NCY PUBLIC MEETING H AS BEEN MET.
700+ I. OTHER DUTIES AS PROVI DED IN THE RULES OR BYLAWS OF 14
701+THE COMMISSION. 15
754702
755- 3. NOTICE OF ALL COMMISSION MEETINGS S HALL PROVIDE THE
756-TIME, DATE, AND LOCATION OF THE MEETING, AND IF THE MEETING I S TO BE HELD
757-OR ACCESSIBLE VIA TE LECOMMUNICATION , VIDEO CONFERENCE , OR OTHER
758-ELECTRONIC MEANS , THE NOTICE SHALL INC LUDE THE MECHANISM F OR ACCESS TO
759-THE MEETIN G. Ch. 328 2024 LAWS OF MARYLAND
703+ 2. THE EXECUTIVE COMMITTEE SHALL BE CO MPOSED OF UP TO 16
704+SEVEN VOTING MEMBERS . 17
760705
761-– 18 –
706+ A. THE CHAIR AND VICE CHAIR OF THE COMMISSION AND ANY 18
707+OTHER MEMBERS OF THE COMMISSION WHO SERVE ON THE EXECUTIVE 19
708+COMMITTEE SHALL BE VO TING MEMBERS OF THE EXECUTIVE COMMITTEE; AND 20
762709
763- 4. THE COMMISSION MAY CONVEN E IN A CLOSED , NON–PUBLIC
764-MEETING FOR THE COMMISSION TO DISCUSS :
710+ B. OTHER THAN THE CHAIR, VICE CHAIR, SECRETARY AND 21
711+TREASURER, THE COMMISSION SHALL ELEC T THREE VOTING MEMBE RS FROM THE 22
712+CURRENT MEMBERSHIP O F THE COMMISSION. 23
765713
766- A. NON–COMPLIANCE OF A MEMBER STATE WITH ITS
767-OBLIGATIONS UNDER TH E COMPACT;
714+ C. THE COMMISSION MAY ELECT EX OFFICIO, NONVOTING 24
715+MEMBERS FROM A RECOG NIZED NATIONAL COSMETOLOGY PROFESSIO NAL 25
716+ASSOCIATION AS APPRO VED BY THE COMMISSION. THE COMMISSION’S BYLAWS 26
717+SHALL IDENTIFY QUALI FYING ORGANIZATIONS AND THE MANNER OF AP POINTMENT 27
718+IF THE NUMBER OF ORGANIZATI ONS SEEKING TO APPOI NT AN EX OFFICIO MEM BER 28
719+EXCEEDS THE NUMBER O F MEMBERS SPECIFIED IN THIS ARTICLE. 29
768720
769- B. THE EMPLOYMENT , COMPENSATION , DISCIPLINE OR OTHER
770-MATTERS, PRACTICES OR PROCEDURES RELATE D TO SPECIFIC EMPLOY EES OR
771-OTHER MATTERS RELATE D TO THE COMMISSION’S INTERNAL PERSONNEL
772-PRACTICES AND PROCED URES;
721+ 3. THE COMMISSION MAY REMOVE ANY MEMBER OF THE EXECUTIVE 30
722+COMMITTEE AS PROVIDED IN THE COMMISSION’S BYLAWS. 31
723+ HOUSE BILL 383 17
773724
774- C. CURRENT OR THREATENED DISCIPLINE OF A LICENSEE BY
775-THE COMMISSION OR BY A MEMBER STATE’S LICENSING AUTHORITY;
776725
777- D. CURRENT, THREATENED , OR REASONABLY ANTICI PATED
778-LITIGATION;
726+ 4. THE EXECUTIVE COMMITTEE SHALL MEET AT LEAST ANNUALLY . 1
779727
780- E. NEGOTIATION OF CONTRA CTS FOR THE PURCHASE , LEASE,
781-OR SALE OF GOODS , SERVICES, OR REAL ESTATE ;
728+ A. ANNUAL EXECUTIVE COMMITTEE MEETINGS , AS WELL AS 2
729+ANY EXECUTIVE COMMITTEE MEETING AT WHICH IT DOES NOT TA KE OR INTEND TO 3
730+TAKE FORMAL ACTION O N A MATTER FOR WHICH A COMMISSION VOTE WOULD 4
731+OTHERWISE BE REQUIRE D, SHALL BE OPEN TO THE PUB LIC, EXCEPT THAT THE 5
732+EXECUTIVE COMMITTEE MAY MEET IN A CLOSED, NON–PUBLIC SESSION OF A 6
733+PUBLIC MEETING WHEN DEALING WITH ANY OF THE MATTERS COVERED UNDER 7
734+ARTICLE 9.F.4. 8
782735
783- F. ACCUSING ANY PERSON O F A CRIME OR FORMALL Y
784-CENSURING ANY PERSON ;
736+ B. THE EXECUTIVE COMMITTEE SHALL GIVE 5 BUSINESS DAYS 9
737+ADVANCE NOTICE OF IT S PUBLIC MEETINGS , POSTED ON ITS WEBSIT E AND AS 10
738+DETERMINED TO PROVID E NOTICE TO PERSONS WITH AN INTEREST IN THE PUBLIC 11
739+MATTERS THE EXECUTIVE COMMITTEE INTENDS TO ADDRESS AT THOSE MEE TINGS. 12
785740
786- G. TRADE SECRE TS OR COMMERCIAL OR FINANCIAL
787-INFORMATION THAT IS PRIVILEGED OR CONFID ENTIAL;
741+ 5. THE EXECUTIVE COMMITTEE M AY HOLD AN EMERGENCY 13
742+MEETING WHEN ACTING FOR THE COMMISSION TO : 14
788743
789- H. INFORMATION OF A PERS ONAL NATURE WHERE
790-DISCLOSURE WOULD CON STITUTE A CLEARLY UN WARRANTED INVASION O F
791-PERSONAL PRIVACY ;
744+ A. MEET AN IMMINENT THRE AT TO PUBLIC HEALTH , SAFETY, 15
745+OR WELFARE; 16
792746
793- I. INVESTIGATIVE RECORDS COMPILED FOR LAW
794-ENFORCEMENT PURPOSES ;
747+ B. PREVENT A LOSS OF COMMISSION OR MEMBER STATE 17
748+FUNDS; OR 18
795749
796- J. INFORMATION RELATED T O ANY INVESTIGATIVE REPORTS
797-PREPARED BY OR ON BE HALF OF OR FOR USE O F THE COMMISSION OR OTHER
798-COMMITTEE CHARGED WI TH RESPONSIBILITY OF INVESTIGATION OR
799-DETERMINATION O F COMPLIANCE ISSUES PURSUANT TO THE COMPACT;
750+ C. PROTECT PUBLIC HEALTH AND SAFETY. 19
800751
801- K. LEGAL ADVICE;
752+ E. THE COMMISSION SHALL ADOP T AND PROVIDE TO THE MEMBER 20
753+STATES AN ANNUAL REPO RT. 21
802754
803- L. MATTERS SPECIFICALLY EXEMPTED FROM DISCLO SURE TO WES MOORE, Governor Ch. 328
755+ F. MEETINGS OF THE COMMISSION. 22
804756
805-– 19 –
806-THE PUBLIC BY FEDERA L OR MEMBER STATE LAW; OR
757+ 1. ALL MEETINGS OF THE COMMISSION THAT ARE N OT CLOSED 23
758+PURSUANT TO ARTICLE 9.F.4. SHALL BE OPEN TO THE PUBLIC. NOTICE OF PUBLIC 24
759+MEETINGS SHALL BE PO STED ON THE COMMISSION’S WEBSITE AT LEAST 30 DAYS 25
760+PRIOR TO THE PUBLIC MEETING . 26
807761
808- M. OTHER MATTERS AS PROM ULGATED BY THE COMMISSION
809-BY RULE.
762+ 2. NOTWITHSTANDING ARTICLE 9.F.1., THE COMMISSION MAY 27
763+CONVENE AN EMERGENCY PUBLIC MEETING BY PR OVIDING AT LEAST 24 HOURS 28
764+PRIOR NOTICE ON THE COMMISSION’S WEBSITE, AND ANY OTHER MEANS AS 29
765+PROVIDED IN THE COMMISSION’S RULES, FOR ANY OF THE REASO NS IT MAY 30
766+DISPENSE WITH NOTICE OF PROPOSED RULEMAKI NG UNDER ARTICLE 11.L. THE 31
767+COMMISSION’S LEGAL COUNSEL SHAL L CERTIFY THAT ONE O F THE REASONS 32
768+JUSTIFYING AN EMERGENCY PUBLIC MEE TING HAS BEEN MET . 33 18 HOUSE BILL 383
810769
811- 5. IF A MEETING , OR PORTION OF A MEET ING, IS CLOSED, THE
812-PRESIDING OFFICER SH ALL STATE THAT THE M EETING WILL BE CLOSE D AND
813-REFERENCE EACH RELEV ANT EXEMPTING PROVIS ION, AND SUCH REFERENCE
814-SHALL BE RECORDED IN THE MINUTES.
815770
816- 6. THE COMMISSION SHALL KEEP MINUTES THAT FULLY AND
817-CLEARLY DESCRIBE ALL MATTERS DISCUSSED IN A MEETING AND SHALL PROVIDE A
818-FULL AND ACCURATE SU MMARY OF ACTIONS TAK EN, AND THE REASON S THEREFOR,
819-INCLUDING A DESCRIPT ION OF THE VIEWS EXP RESSED. ALL DOCUMENTS
820-CONSIDERED IN CONNEC TION WITH AN A CTION SHALL BE IDENT IFIED IN SUCH
821-MINUTES. ALL MINUTES AND DOCUM ENTS OF A CLOSED MEE TING SHALL REMAIN
822-UNDER SEAL , SUBJECT TO RELEASE O NLY BY A MAJORITY VO TE OF THE
823-COMMISSION OR ORDER O F A COURT OF COMPETE NT JURISDICTION .
824771
825- G. FINANCING OF THE COMMISSION.
772+ 3. NOTICE OF ALL COMMISSION MEETINGS S HALL PROVIDE THE 1
773+TIME, DATE, AND LOCATION OF THE MEETING, AND IF THE MEETING I S TO BE HELD 2
774+OR ACCESSIBLE VIA TE LECOMMUNICATION , VIDEO CONFERENCE , OR OTHER 3
775+ELECTRONIC MEANS , THE NOTICE SHALL INC LUDE THE MECHANISM F OR ACCESS TO 4
776+THE MEETIN G. 5
826777
827- 1. THE COMMISSION SHALL PAY , OR PROVIDE FOR THE P AYMENT
828-OF, THE REASONABLE EXPEN SES OF ITS ESTABLISH MENT, ORGANIZATION , AND
829-ONGOING ACTIVITIES .
778+ 4. THE COMMISSION MAY CONVEN E IN A CLOSED , NON–PUBLIC 6
779+MEETING FOR THE COMMISSION TO DISCUSS : 7
830780
831- 2. THE COMMISSION MAY ACCEPT ANY AND ALL APPROPRI ATE
832-SOURCES OF REVENUE , DONATIONS, AND GRANTS OF MONEY , EQUIPMENT,
833-SUPPLIES, MATERIALS, AND SERVICES.
781+ A. NON–COMPLIANCE OF A MEMBER STATE WITH ITS 8
782+OBLIGATIONS UNDER TH E COMPACT; 9
834783
835- 3. THE COMMISSION MAY LEVY O N AND COLLECT AN ANN UAL
836-ASSESSMENT FROM EACH MEMBER STATE AND IMPOSE FEES ON LICENSEES OF
837-MEMBER STATES TO WHOM IT GRA NTS A MULTISTATE LICENSE TO COVER THE
838-COST OF THE OPERATIO NS AND ACTIVITIES OF THE COMMISSION AND ITS ST AFF,
839-WHICH MUST BE IN A T OTAL AMOUNT SUFFICIE NT TO COVER ITS ANNU AL BUDGET
840-AS APPROVED EACH YEA R FOR WHICH REVENUE IS NOT PROVIDED BY O THER
841-SOURCES. THE AGGREGATE ANNUAL ASSESSMENT AMOUNT FO R MEMBER STATES
842-SHALL BE ALLOCATED B ASED UPON A FORMULA THAT THE COMMISSION SHALL
843-PROMULGATE BY RULE.
784+ B. THE EMPLOYMENT , COMPENSATION , DISCIPLINE OR OTHER 10
785+MATTERS, PRACTICES OR PROCEDU RES RELATED TO SPECI FIC EMPLOYEES OR 11
786+OTHER MATTERS RELATE D TO THE COMMISSION’S INTERNAL PERSONNEL 12
787+PRACTICES AND PROCED URES; 13
844788
845- 4. THE COMMISSION MAY NOT INCUR OBLIGATIONS OF ANY KIND
846-PRIOR TO SECURING THE ADEQUATE FUNDS TO MEET THE SAME ; NOR SHALL THE
847-COMMISSION PLEDGE THE CREDIT OF ANY MEMBER STATES, EXCEPT BY AND WITH
848-THE AUTHORITY OF THE MEMBER STATE. Ch. 328 2024 LAWS OF MARYLAND
789+ C. CURRENT OR THREATENED DISCIPLINE OF A LICENSEE BY 14
790+THE COMMISSION OR BY A MEMBER STATE’S LICENSING AUTHORITY; 15
849791
850-– 20 –
792+ D. CURRENT, THREATENED , OR REASONABLY ANTICI PATED 16
793+LITIGATION; 17
851794
852- 5. THE COMMISSION SHALL KEEP ACCURATE ACCOUNTS OF ALL
853-RECEIPTS AND DISBURS EMENTS. THE RECEIPTS AND DISBURSE MENTS OF THE
854-COMMISSION SHALL BE S UBJECT TO THE FINANC IAL REVIEW AND ACCOU NTING
855-PROCEDURES ESTABLISH ED UNDER ITS BYLAWS . ALL RECEIPTS AND
856-DISBURSEMENTS OF FUN DS HANDLED BY THE COMMISSION SHALL BE S UBJECT TO
857-AN ANNUAL FINANCIAL REVIEW BY A CERTIFIED OR LICEN SED PUBLIC ACCOUNTAN T
858-AND THE REPORT OF TH E FINANCIAL REVIEW S HALL BE INCLUDED IN AND BECOME
859-PART OF THE ANNUAL R EPORT OF THE COMMISSION.
795+ E. NEGOTIATION OF CONTRA CTS FOR THE PURCHASE , LEASE, 18
796+OR SALE OF GOODS , SERVICES, OR REAL ESTATE ; 19
860797
861- H. QUALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION .
798+ F. ACCUSING ANY PERSON O F A CRIME OR FORMALL Y 20
799+CENSURING ANY PERSON ; 21
862800
863- 1. THE MEMBERS , OFFICERS, EXECUTIVE DIRECTOR , EMPLOYEES
864-AND REPRESENTATIVES OF THE COMMISSION SHALL BE I MMUNE FROM SUIT AND
865-LIABILITY, BOTH PERSONALLY AND IN THEIR OFFICIAL CA PACITY, FOR ANY CLAIM
866-FOR DAMAGE TO OR LOS S OF PROPERTY OR PER SONAL INJURY OR OTHE R CIVIL
867-LIABILITY CAUSED BY OR ARISING OUT OF AN Y ACTUAL OR ALLEGED ACT, ERROR,
868-OR OMISSION THAT OCC URRED, OR THAT THE PERSON A GAINST WHOM THE CLAI M
869-IS MADE HAD A REASON ABLE BASIS FOR BELIE VING OCCURRED WITHIN THE SCOPE
870-OF COMMISSION EMPLOYMENT , DUTIES OR RE SPONSIBILITIES; PROVIDED THAT
871-NOTHING IN THIS PARA GRAPH MAY BE CONSTRUED TO PROT ECT ANY SUCH PERSON
872-FROM SUIT OR LIABILI TY FOR ANY DAMAGE , LOSS, INJURY, OR LIABILITY CAUSED BY
873-THE INTENTIONAL OR W ILLFUL OR WANTON MIS CONDUCT OF THAT PERS ON. THE
874-PROCUREMENT OF INSURANCE OF ANY TYPE BY THE COMMISSION MAY NOT IN ANY
875-WAY COMPROMISE OR LI MIT THE IMMUNITY GRA NTED HEREUNDER .
801+ G. TRADE SECRETS OR COMM ERCIAL OR FINANCIAL 22
802+INFORMATION THAT IS PRIVILEGED OR CONFID ENTIAL; 23
876803
877- 2. THE COMMISSION SHALL DEFE ND ANY MEMBER , OFFICER,
878-EXECUTIVE DIRECTOR , EMPLOYEE, AND REPRESENTATIVE O F THE COMMISSION IN
879-ANY CIVIL ACTION SEE KING TO IMPOSE LIABI LITY ARISING OUT OF ANY ACTUAL OR
880-ALLEGED ACT , ERROR, OR OMISSION THAT OCC URRED WITHIN THE SCO PE OF
881-COMMISSION EMPLOYMENT , DUTIES, OR RESPONSIBILITIES , OR AS DETERMINED BY
882-THE COMMISSION THAT THE P ERSON AGAINST WHOM THE CLA IM IS MADE HAD A
883-REASONABLE BASIS FOR BELIEVING OCCURRED W ITHIN THE SCOPE OF
884-COMMISSION EMPLOYMENT , DUTIES, OR RESPONSIBILITIES ; PROVIDED THAT
885-NOTHING HEREIN MAY BE CONSTRUED TO PROH IBIT THAT PERSON FRO M
886-RETAINING THEIR OWN COUNSEL AT T HEIR OWN EXPENSE ; AND PROVIDED FURTHER
887-THAT THE ACTUAL OR A LLEGED ACT, ERROR, OR OMISSION DID NOT RESULT FROM
888-THAT PERSON ’S INTENTIONAL OR WIL LFUL OR WANTON MISCO NDUCT.
804+ H. INFORMATION OF A PERS ONAL NATURE WHERE 24
805+DISCLOSURE WOULD CON STITUTE A CLEARLY UN WARRANTE D INVASION OF 25
806+PERSONAL PRIVACY ; 26
889807
890- 3. THE COMMISSION SHALL INDE MNIFY AND HOLD HARML ESS ANY
891-MEMBER, OFFICER, EXECUTIVE D IRECTOR, EMPLOYEE, AND REPRESENTATIVE O F
892-THE COMMISSION FOR THE AM OUNT OF ANY SETTLEME NT OR JUDGMENT OBTAI NED WES MOORE, Governor Ch. 328
808+ I. INVESTIGATIVE RECORDS COMPILED FOR LAW 27
809+ENFORCEMENT PURPOSES ; 28
893810
894-– 21 –
895-AGAINST THAT PERSON ARISING OUT OF ANY A CTUAL OR ALLEGED ACT , ERROR, OR
896-OMISSION THAT OCCURR ED WITHIN THE SCOPE OF COMMISSION EMPLOYMENT ,
897-DUTIES, OR RESPONSIBILITIES , OR THAT SUCH PERSON HAD A REASONA BLE BASIS
898-FOR BELIEVING OCCURR ED WITHIN THE SCOPE OF COMMISSION EMPLOYMENT ,
899-DUTIES, OR RESPONSIBILITIES ; PROVIDED THAT THE AC TUAL OR ALLEGED ACT ,
900-ERROR, OR OMISSION DID NOT RESULT FROM THE INTE NTIONAL OR WILLFUL OR
901-WANTON MISCONDUCT OF THAT PERSON .
811+ J. INFORMATION RELATED T O ANY INVESTIGATIVE REPORTS 29
812+PREPARED BY OR ON BE HALF OF OR FOR USE O F THE COMMISSION OR OTHER 30
813+COMMITTEE CHARGED WI TH RESPONSIB ILITY OF INVESTIGATI ON OR 31 HOUSE BILL 383 19
902814
903- 4. NOTHING HEREIN SHALL BE CONSTRUED AS A LI MITATION ON
904-THE LIABILITY OF ANY LICENSEE FOR PROFESSI ONAL MALPRACTICE OR
905-MISCONDUCT , WHICH SHALL BE GOVER NED SOLELY BY ANY OT HER APPLICABLE
906-STATE LAWS.
907815
908- 5. NOTHING IN THIS COMPACT SHALL BE INTE RPRETED TO WAIVE
909-OR OTHERWISE ABROGAT E A MEMBER STATE’S STATE ACTION IMMUNITY OR STATE
910-ACTION AFFIRMATIVE D EFENSE WITH RESPECT TO ANTITRUST CLAIMS UNDER THE
911-FEDERAL SHERMAN ACT, FEDERAL CLAYTON ACT, OR ANY OTHER STATE OR
912-FEDERAL ANTITRUST OR ANTICOMPETITIVE LAW OR REGULATION .
816+DETERMINATION OF COM PLIANCE ISSUES PURSU ANT TO THE COMPACT; 1
913817
914- 6. NOTHING IN THIS COMPACT SHALL BE CONS TRUED TO BE A
915-WAIVER OF SOVEREIGN IMMUNITY BY THE MEMBER STATES OR BY THE
916-COMMISSION.
818+ K. LEGAL ADVICE; 2
917819
918-ARTICLE 10. DATA SYSTEM.
820+ L. MATTERS SPECIFICALLY EXEMPTED FROM DISCLO SURE TO 3
821+THE PUBLIC BY FEDERA L OR MEMBER STATE LAW; OR 4
919822
920- A. THE COMMISSION SHALL PROV IDE FOR THE DEVELOPM ENT,
921-MAINTENANCE , OPERATION, AND UTILIZATION OF A COORDINATED DATABASE AND
922-REPORTING SYSTEM .
823+ M. OTHER MATTERS AS PROM ULGATED BY THE COMMISSION 5
824+BY RULE. 6
923825
924- B. THE COMMISSION SHALL ASSI GN EACH APPLICANT FO R A MULTISTATE
925-LICENSE A UNIQUE IDEN TIFIER, AS DETERMINED BY THE RULES OF THE
926-COMMISSION.
826+ 5. IF A MEETING , OR PORTION OF A MEET ING, IS CLOSED, THE 7
827+PRESIDING OFFICER SH ALL STATE THAT THE M EETING WILL BE CLOSE D AND 8
828+REFERENCE EACH RELEV ANT EXEMPTING PROVIS ION, AND SUCH REFERENCE 9
829+SHALL BE RECORDED IN THE MINUTES. 10
927830
928- C. NOTWITHSTANDING ANY O THER PROVISION OF STATE LAW TO THE
929-CONTRARY, A MEMBER STATE SHALL SUBMIT A UNIFORM DATA SET TO THE DATA
930-SYSTEM ON ALL INDIVID UALS TO WHOM THIS COMPACT IS APPLICABLE AS
931-REQUIRED BY THE RULES OF THE COMMISSION, INCLUDING:
831+ 6. THE COMMISSION SHALL KEEP MINUTES THAT FULLY A ND 11
832+CLEARLY DESCRIBE ALL MATTERS DISCUSSED IN A MEETING AND SHALL PROVIDE A 12
833+FULL AND ACCURATE SU MMARY OF ACTIONS TAK EN, AND THE REASON S THEREFOR, 13
834+INCLUDING A DESCRIPT ION OF THE VIEWS EXP RESSED. ALL DOCUMENTS 14
835+CONSIDERED IN CONNECTION WIT H AN ACTION SHALL BE IDENTIFIED IN SUCH 15
836+MINUTES. ALL MINUTES AND DOCUM ENTS OF A CLOSED MEE TING SHALL REMAIN 16
837+UNDER SEAL , SUBJECT TO RELEASE O NLY BY A MAJORITY VO TE OF THE 17
838+COMMISSION OR ORDER O F A COURT OF COMPETE NT JURISDICTION . 18
932839
933- 1. IDENTIFYING INFORMATI ON;
840+ G. FINANCING OF THE COMMISSION. 19
934841
935- 2. LICENSURE DATA ;
842+ 1. THE COMMISSION SHALL PAY , OR PROVIDE FOR THE P AYMENT 20
843+OF, THE REASONABLE EXPEN SES OF ITS ESTABLISH MENT, ORGANIZATION , AND 21
844+ONGOING ACTIVITIES . 22
936845
937- 3. ADVERSE ACTIONS AGAINST A LIC ENSE AND RELATED THERETO; Ch. 328 2024 LAWS OF MARYLAND
846+ 2. THE COMMISSION MAY ACCEPT ANY AND ALL APPROPRI ATE 23
847+SOURCES OF REVENUE , DONATIONS, AND GRANTS OF MONEY , EQUIPMENT, 24
848+SUPPLIES, MATERIALS, AND SERVICES. 25
938849
939-– 22 –
850+ 3. THE COMMISSION MAY LEVY O N AND COLLECT AN ANN UAL 26
851+ASSESSMENT FROM EACH MEMBER STATE AND IMPOSE FEES ON LICENSEES OF 27
852+MEMBER STATES TO WHOM IT GRA NTS A MULTISTATE LICENSE TO COVER THE 28
853+COST OF THE OPERATIO NS AND ACTIVITIES OF THE COMMISSION AND ITS ST AFF, 29
854+WHICH MUST BE IN A T OTAL AMOUNT SUFFICIE NT TO COVER ITS ANNU AL BUDGET 30
855+AS APPROVED EACH YEA R FOR WHICH REVENUE IS NOT PROVIDED BY O THER 31
856+SOURCES. THE AGGREGATE ANNUAL ASSESSMENT AMOUNT FO R MEMBER STATES 32
857+SHALL BE ALLOCATED B ASED UPON A FORMULA THAT THE COMMISSION SHALL 33
858+PROMULGATE BY RULE. 34 20 HOUSE BILL 383
940859
941- 4. NON–CONFIDENTIAL INFORMA TION RELATED TO ALTERNATIVE
942-PROGRAM PARTICIPATION , THE BEGINNING AND EN DING DATES OF SUCH
943-PARTICIPATION , AND OTHER INFORMATIO N RELATED TO SUCH PARTICIPATION ;
944860
945- 5. ANY DENIAL OF APPLICA TION FOR LICENSURE A ND THE REASON
946-FOR THE DENIAL (EXCLUDING THE REPORT ING OF ANY CRIMINAL HISTORY RECORD
947-INFORMATION WHERE PR OHIBITED BY LAW );
948861
949- 6. THE EXISTENCE OF INVESTIGATIVE INFORMATION ;
862+ 4. THE COMMISSION MAY NOT INCUR OBLIGATIONS OF ANY KIND 1
863+PRIOR TO SECURING THE ADEQUATE FUNDS TO MEET THE SAME ; NOR SHALL THE 2
864+COMMISSION PLEDGE THE CREDIT OF ANY MEMBER STATES, EXCEPT BY AND WITH 3
865+THE AUTHORITY OF THE MEMBER STATE. 4
950866
951- 7. THE EXISTENCE OF CURRENT SIGNIFICANT INVESTIGATIVE
952-INFORMATION ; AND
867+ 5. THE COMMISSION SHALL KEEP ACCURATE ACCOUNTS OF ALL 5
868+RECEIPTS AND DISBURS EMENTS. THE RECEIPTS AND DISBURSE MENTS OF THE 6
869+COMMISSION SHALL BE S UBJECT TO THE FINANC IAL REVIEW AND ACCOU NTING 7
870+PROCEDURES ESTABLISH ED UNDER ITS BYLAWS . ALL RECEIPTS AND 8
871+DISBURSEMENTS OF FUN DS HANDLED BY THE COMMISSION SHALL BE S UBJECT TO 9
872+AN ANNUAL FINANCIAL REVIEW BY A CERTIFIED OR LICEN SED PUBLIC ACCOUNTAN T 10
873+AND THE REPORT OF TH E FINANCIAL REVIEW S HALL BE INCLUDED IN AND BECOME 11
874+PART OF THE ANNUAL R EPORT OF THE COMMISSION. 12
953875
954- 8. OTHER INFORMATION THA T MAY FACILITATE THE
955-ADMINISTRATION OF TH IS COMPACT OR THE PROTEC TION OF THE PUBLIC , AS
956-DETERMINED BY THE RULES OF THE COMMISSION.
876+ H. QUALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION . 13
957877
958- D. THE RECORDS AND INFOR MATION PROVIDED TO A MEMBER STATE
959-PURSUANT TO THIS COMPACT OR THROUGH TH E DATA SYSTEM, WHEN CERTIFIED
960-BY THE COMMISSION OR AN AGEN T THEREOF, SHALL CONSTITUTE THE
961-AUTHENTICATED BUSINE SS RECORDS OF THE COMMISSION, AND SHALL BE
962-ENTITLED TO ANY ASSO CIATED HEARSAY EXCEP TION IN ANY RELEVANT JUDICIAL,
963-QUASI–JUDICIAL OR ADMINIST RATIVE PROCEEDINGS I N A MEMBER STATE.
878+ 1. THE MEMBERS , OFFICERS, EXECUTIVE DIR ECTOR, EMPLOYEES 14
879+AND REPRESENTATIVES OF THE COMMISSION SHALL BE I MMUNE FROM SUIT AND 15
880+LIABILITY, BOTH PERSONALLY AND IN THEIR OFFICIAL CA PACITY, FOR ANY CLAIM 16
881+FOR DAMAGE TO OR LOS S OF PROPERTY OR PER SONAL INJURY OR OTHE R CIVIL 17
882+LIABILITY CAUSED BY OR ARISING OUT OF ANY ACTUAL OR ALLEGED ACT , ERROR, 18
883+OR OMISSION THAT OCC URRED, OR THAT THE PERSON A GAINST WHOM THE CLAI M 19
884+IS MADE HAD A REASON ABLE BASIS FOR BELIE VING OCCURRED WITHIN THE SCOPE 20
885+OF COMMISSION EMPLOYMENT , DUTIES OR RESPONSIBI LITIES; PROVIDED THAT 21
886+NOTHING IN THIS PARAGRAPH MAY BE CONSTRUED TO PROT ECT ANY SUCH PERSON 22
887+FROM SUIT OR LIABILI TY FOR ANY DAMAGE , LOSS, INJURY, OR LIABILITY CAUSED BY 23
888+THE INTENTIONAL OR W ILLFUL OR WANTON MIS CONDUCT OF THAT PERS ON. THE 24
889+PROCUREMENT OF INSUR ANCE OF ANY TYPE BY THE COMMISSION MAY NOT IN ANY 25
890+WAY COMPROMISE OR LI MIT THE IMMUNITY GRA NTED HEREUNDER . 26
964891
965- E. THE EXISTENCE OF CURRENT SIGNIFICANT INVESTIGATIVE
966-INFORMATION AND THE E XISTENCE OF INVESTIGATIVE INFORMATI ON PERTAINING
967-TO A LICENSEE IN ANY MEMBER STATE WILL ONLY BE AV AILABLE TO OTHER
968-MEMBER STATES.
892+ 2. THE COMMISSION SHALL DEFE ND ANY MEMBER , OFFICER, 27
893+EXECUTIVE DIRECTOR , EMPLOYEE, AND REPRESENTATIVE O F THE COMMISSION IN 28
894+ANY CIVIL ACTION SEE KING TO IMPOSE LIABI LITY ARISING OUT OF ANY ACTUAL OR 29
895+ALLEGED ACT , ERROR, OR OMISSION THAT OCC URRED WITHIN THE SCO PE OF 30
896+COMMISSION EMPLOYMENT , DUTIES, OR RESPONSIBILITIES , OR AS DETERMINED BY 31
897+THE COMMISSION THAT THE P ERSON AGAINST WHOM THE CLA IM IS MADE HAD A 32
898+REASONABLE BASIS FOR BELIEVING OCCURRED W ITHIN THE SCOPE OF 33
899+COMMISSION EMPLOYMENT , DUTIES, OR RESPONSIBILITIES ; PROVIDED THAT 34
900+NOTHING HEREIN MAY BE CONSTRUED TO PROH IBIT THAT PERSON FRO M 35
901+RETAINING THEIR OWN COUNSEL AT T HEIR OWN EXPENSE ; AND PROVIDED FURTHER 36
902+THAT THE ACTUAL OR A LLEGED ACT, ERROR, OR OMISSION DID NOT RESULT FROM 37
903+THAT PERSON ’S INTENTIONAL OR WIL LFUL OR WANTON MISCO NDUCT. 38 HOUSE BILL 383 21
969904
970- F. IT IS THE RESPONSIBIL ITY OF THE MEMBER STATES TO MONITOR THE
971-DATABASE TO DETERMIN E WHETHER ADVERSE ACTION HAS BEEN TAKEN AGAINST
972-SUCH A LICENSEE OR LICENSE A PPLICANT. ADVERSE ACTION INFORMATION
973-PERTAINING TO A LICENSEE OR LICENSE A PPLICANT IN ANY MEMBER STATE WILL
974-BE AVAILABLE TO ANY OTHER MEMBER STATE.
975905
976- G. MEMBER STATES CONTRIBUTING I NFORMATION TO THE DATA SYSTEM
977-MAY DESIGNATE INFORM ATION THAT MAY NOT B E SHARED WITH THE PU BLIC
978-WITHOUT THE EXPRESS PERMISSION OF THE CO NTRIBUTING STATE.
979906
980- H. ANY INFORMATION SUBMITTED TO THE DATA SYSTEM THAT IS
981-SUBSEQUENTLY EXPUNGE D PURSUANT TO FEDERAL LAW OR THE L AWS OF THE WES MOORE, Governor Ch. 328
907+ 3. THE COMMISSION SHALL INDE MNIFY AND HOLD HARML ESS ANY 1
908+MEMBER, OFFICER, EXECUTIVE D IRECTOR, EMPLOYEE, AND REPRESENTATIVE O F 2
909+THE COMMISSION FOR THE AM OUNT OF ANY SETTLEME NT OR JUDGMENT OBTAI NED 3
910+AGAINST THAT PERSON ARISING OUT OF ANY A CTUAL OR ALLEGED ACT , ERROR, OR 4
911+OMISSION THAT OCCURR ED WITHIN THE SCOPE OF COMMISSION EMPLOYMENT , 5
912+DUTIES, OR RESPONSIBILITIES , OR THAT SUCH PERSON HAD A REASONA BLE BASIS 6
913+FOR BELIEVING OCCURR ED WITHIN THE SCOPE OF COMMISSION EMPLOYMENT , 7
914+DUTIES, OR RESPONSIBILITIES ; PROVIDED THAT THE AC TUAL OR ALLEGED ACT , 8
915+ERROR, OR OMISSION DID NOT RESULT FROM THE INTE NTIONAL OR WILLFUL OR 9
916+WANTON MISCONDUCT OF THAT PERSON . 10
982917
983-– 23 –
984-MEMBER STATE CONTRIBUTING TH E INFORMATION SHALL BE REMOVED FROM THE
985-DATA SYSTEM.
918+ 4. NOTHING HEREIN SHALL BE CONSTRUED AS A LI MITATION ON 11
919+THE LIABILITY OF ANY LICENSEE FOR PROFESSI ONAL MALPRACTICE OR 12
920+MISCONDUCT , WHICH SHALL BE GOVER NED SOLELY BY ANY OT HER APPLICABLE 13
921+STATE LAWS. 14
986922
987-ARTICLE 11. RULEMAKING .
923+ 5. NOTHING IN THIS COMPACT SHALL BE INTE RPRETED TO WAIVE 15
924+OR OTHERWISE ABROGAT E A MEMBER STATE’S STATE ACTION IMMUNITY OR STATE 16
925+ACTION AFFIRMATIVE D EFENSE WITH RESPECT TO ANTITRUST CLAIMS UNDER THE 17
926+FEDERAL SHERMAN ACT, FEDERAL CLAYTON ACT, OR ANY OTHER STATE OR 18
927+FEDERAL ANTITRUST OR ANTICOMPETITIVE LAW OR REGULATION . 19
988928
989- A. THE COMMISSION SHALL PROM ULGATE REASONABLE RULES IN ORDER
990-TO EFFECTIVELY AND E FFICIENTLY IMPLEMENT AND ADMINISTER THE P URPOSES
991-AND PROVISIONS OF TH E COMPACT. A RULE SHALL BE INVALID AND HAVE NO
992-FORCE OR EFFECT ONLY IF A COURT OF COMPET ENT JURISDICTION HOL DS THAT
993-THE RULE IS INVALID BECAU SE THE COMMISSION EXERCISED ITS RULEMAKING
994-AUTHORITY IN A MANNE R THAT IS BEYOND THE SCOPE AND PURPOSES O F THE
995-COMPACT, THE POWERS GRANTED UNDER TH E COMPACT, OR BASED UPON
996-ANOTHER APPLICABLE S TANDARD OF REVIEW .
929+ 6. NOTHING IN THIS COMPACT SHALL BE CONS TRUED TO BE A 20
930+WAIVER OF SOVEREIGN IMMUNITY BY THE MEMBER STATES OR BY THE 21
931+COMMISSION. 22
997932
998- B. THE RULES OF THE COMMISSION SHALL HAVE THE FORCE OF LAW IN
999-EACH MEMBER STATE, PROVIDED HOWEVER THA T WHERE THE RULES OF THE
1000-COMMISSION CONFLICT W ITH THE LAWS OF THE MEMBER STATE THAT ESTABLISH
1001-THE MEMBER STATE’S SCOPE OF PRACTICE LAWS GOVERNING THE PRACTICE OF
1002-COSMETOLOGY AS HELD B Y A COURT OF COMPETE NT JURISDICTION , THE RULES OF
1003-THE COMMISSION SHALL BE I NEFFECTIVE IN THAT STATE TO THE EXTENT O F THE
1004-CONFLICT.
933+ARTICLE 10. DATA SYSTEM. 23
1005934
1006- C. THE COMMISSION SHALL EXER CISE ITS RULEMAKING POWERS
1007-PURSUANT TO THE CRITERIA SET FOR TH IN THIS ARTICLE AND THE RULES
1008-ADOPTED THEREUNDER . RULES SHALL BECOME BI NDING AS OF THE DATE
1009-SPECIFIED BY THE COMMISSION FOR EACH RULE.
935+ A. THE COMMISSION SHALL PROV IDE FOR THE DEVELOPM ENT, 24
936+MAINTENANCE , OPERATION, AND UTILIZATION OF A COORDINATED DATABASE AND 25
937+REPORTING SYSTEM . 26
1010938
1011- D. IF A MAJORITY OF THE LEGISLATURES OF THE MEMBER STATES
1012-REJECTS A RULE OR PORTION OF A RULE, BY ENACTMENT OF A ST ATUTE OR
1013-RESOLUTION IN THE SA ME MANNER USED TO AD OPT THE COMPACT WITHIN 4 YEARS
1014-OF THE DATE OF ADOPT ION OF THE RULE, THEN THE RULE MAY NOT HAVE FURTHER
1015-FORCE AND EFFECT IN ANY MEMBER STATE OR TO ANY STATE APPLYING TO
1016-PARTICIPATE IN THE COMPACT.
939+ B. THE COMMISSION SHALL ASSI GN EACH APPLICANT FO R A MULTISTATE 27
940+LICENSE A UNIQUE IDEN TIFIER, AS DETERMINED BY THE RULES OF THE 28
941+COMMISSION. 29
1017942
1018- E. RULES SHALL BE ADOPTE D AT A REGULAR OR SP ECIAL MEETING OF THE
1019-COMMISSION.
943+ C. NOTWITHSTANDING ANY O THER PROVISION OF STATE LAW TO THE 30
944+CONTRARY, A MEMBER STATE SHALL SUBMIT A UNIFORM DATA SET TO THE DATA 31
945+SYSTEM ON ALL INDIVID UALS TO WHOM THIS COMPACT IS APPLICABLE AS 32
946+REQUIRED BY THE RULES OF THE COMMISSION, INCLUDING: 33
1020947
1021- F. PRIOR TO THE ADOPTION OF A PROPOS ED RULE, THE COMMISSION
1022-SHALL HOLD A PUBLIC HEARING AND ALLOW PERSONS TO PROVIDE ORAL AND
1023-WRITTEN COMMENTS , DATA, FACTS, OPINIONS, AND ARGUMENTS .
948+ 1. IDENTIFYING INFORMATI ON; 34 22 HOUSE BILL 383
1024949
1025- G. PRIOR TO THE ADOPTION OF A PROPOS ED RULE BY THE COMMISSION,
1026-AND AT LEAST 30 DAYS IN ADVANCE OF T HE MEETING AT WHICH THE COMMISSION Ch. 328 2024 LAWS OF MARYLAND
1027950
1028-– 24 –
1029-WILL HOLD A PUBLIC H EARING ON THE PROPOS ED RULE, THE COMMISSION SHALL
1030-PROVIDE A NOTICE OF PROPOSED RULEMAKING :
1031951
1032- 1. ON THE WEBSITE OF THE COMMISSION OR OTHER P UBLICLY
1033-ACCESSIBLE PLATFORM ;
952+ 2. LICENSURE DATA ; 1
1034953
1035- 2. TO PERSONS WHO HAVE R EQUESTED NOTICE OF T HE
1036-COMMISSION’S NOTICES OF PROPOSE D RULEMAKING ; AND
954+ 3. ADVERSE ACTIONS AGAINST A LIC ENSE AND RELATED THERETO; 2
1037955
1038- 3. IN ANY SUCH WAY THE COMMISSION MAY BY RULE SPECIFY.
956+ 4. NON–CONFIDENTIAL INFORMA TION RELATED TO ALTERNATIVE 3
957+PROGRAM PARTICIPATION , THE BEGINNING AND EN DING DATES OF SUCH 4
958+PARTICIPATION , AND OTHER INFORMATIO N RELATED TO SUCH PARTICIPATION ; 5
1039959
1040- H. THE NOTICE OF PROPOSE D RULEMAKING SHALL I NCLUDE:
960+ 5. ANY DENIAL OF APPLICA TION FOR LICENSURE A ND THE REASON 6
961+FOR THE DENIAL (EXCLUDING THE REPORT ING OF ANY CRIMINAL HISTORY RECORD 7
962+INFORMATION WHERE PR OHIBITED BY LAW ); 8
1041963
1042- 1. THE TIME, DATE, AND LOCATION OF THE PUBLIC HEARING AT
1043-WHICH THE COMMISSION WILL HEAR PUBLIC COMMENTS ON T HE PROPOSED RULE
1044-AND, IF DIFFERENT, THE TIME, DATE, AND LOCATION OF THE MEETING WHERE THE
1045-COMMISSION WILL CONSI DER AND VOTE ON THE PROPOSED RULE;
964+ 6. THE EXISTENCE OF INVESTIGATIVE INFORMATION ; 9
1046965
1047- 2. IF THE HEARING IS HEL D VIA TELECOMMUNICAT ION, VIDEO
1048-CONFERENCE , OR OTHER ELECTRONIC MEANS, THE COMMISSION SHALL INCL UDE
1049-THE MECHANISM FOR AC CESS TO THE HEARING IN THE NOTICE OF PRO POSED
1050-RULEMAKING ;
966+ 7. THE EXISTENCE OF CURRENT SIGNIFICANT INVESTIGATIVE 10
967+INFORMATION ; AND 11
1051968
1052- 3. THE TEXT OF THE PROPO SED RULE AND THE REASON THEREFOR;
969+ 8. OTHER INFORMATION THA T MAY FACILITATE THE 12
970+ADMINISTRATION OF TH IS COMPACT OR THE PROTEC TION OF THE PUBLIC , AS 13
971+DETERMINED BY THE RULES OF THE COMMISSION. 14
1053972
1054- 4. A REQUEST FOR COMMENTS ON THE PROPOSED RULE FROM ANY
1055-INTERESTED PERSON ; AND
973+ D. THE RECORDS AND INFOR MATION PROVIDED TO A MEMBER STATE 15
974+PURSUANT TO THIS COMPACT OR THROUGH TH E DATA SYSTEM, WHEN CERTIFIED 16
975+BY THE COMMISSION OR AN AGEN T THEREOF, SHALL CONSTITUTE THE 17
976+AUTHENTICATED BUSINE SS RECORDS OF THE COMMISSION, AND SHALL BE 18
977+ENTITLED TO ANY ASSO CIATED HEARSAY EXCEP TION IN ANY RELEVANT JUDICIAL, 19
978+QUASI–JUDICIAL OR ADMINIST RATIVE PROCEEDINGS I N A MEMBER STATE. 20
1056979
1057- 5. THE MANNER IN WHICH I NTERESTED PERSONS MAY SUBMIT
1058-WRITTEN COMMENTS .
980+ E. THE EXISTENCE OF CURRENT SIGNIFICANT INVESTIGATIVE 21
981+INFORMATION AND THE E XISTENCE OF INVESTIGATIVE INFORMATI ON PERTAINING 22
982+TO A LICENSEE IN ANY MEMBER STATE WILL ONLY BE AV AILABLE TO OTHER 23
983+MEMBER STATES. 24
1059984
1060- I. ALL HEARINGS SHALL BE RECORDED . A COPY OF THE RECORDIN G AND
1061-ALL WRITTEN COMMENTS AND DOCUMENTS RECEIV ED BY THE COMMISSION IN
1062-RESPONSE TO THE PROP OSED RULE SHALL BE AVAILAB LE TO THE PUBLIC.
985+ F. IT IS THE RESPONSIBIL ITY OF THE MEMBER STATES TO MONITOR THE 25
986+DATABASE TO DETERMIN E WHETHER ADVERSE ACTION HAS BEEN TAKEN AGAINST 26
987+SUCH A LICENSEE OR LICENSE A PPLICANT. ADVERSE ACTION INFORMATION 27
988+PERTAINING TO A LICENSEE OR LICENSE A PPLICANT IN ANY MEMBER STATE WILL 28
989+BE AVAILABLE TO ANY OTHER MEMBER STATE. 29
1063990
1064- J. NOTHING IN THIS ARTICLE MAY BE CONSTRUED AS REQU IRING A
1065-SEPARATE HEARING ON EACH RULE. RULES MAY BE GROUPED FOR THE
1066-CONVENIENCE OF THE COMMISSION AT HEARING S REQUIRED BY THIS ARTICLE.
991+ G. MEMBER STATES CONTRIBUTING I NFORMATION TO THE DATA SYSTEM 30
992+MAY DESIGNATE INFORM ATION THAT MAY NOT B E SHARED WITH THE PU BLIC 31
993+WITHOUT THE EXPRESS PERMISSION OF THE CO NTRIBUTING STATE. 32 HOUSE BILL 383 23
1067994
1068- K. THE COMMISSION SHALL , BY MAJORITY VOTE OF ALL MEMBERS , TAKE
1069-FINAL ACTION ON THE PROPOSED RULE BASED ON THE RUL EMAKING RECORD AND
1070-THE FULL TEXT OF THE RULE. WES MOORE, Governor Ch. 328
1071995
1072-– 25 –
1073996
1074- 1. THE COMMISSION MAY ADOPT CHANGES TO THE PROPO SED RULE
1075-PROVIDED THE CHANGES DO NOT ENLARGE THE O RIGINAL PURPOSE OF T HE
1076-PROPOSED RULE.
997+ H. ANY INFORMATION SUBMITTED TO THE DATA SYSTEM THAT IS 1
998+SUBSEQUENTLY EXPUNGE D PURSUANT TO FEDERAL LAW OR THE L AWS OF THE 2
999+MEMBER STATE CONTRIBUTING TH E INFORMATION SHALL BE REMOVED FROM THE 3
1000+DATA SYSTEM. 4
10771001
1078- 2. THE COMMISSION SHALL PROVI DE AN EXPLANATION OF THE
1079-REASONS FOR SUBSTANT IVE CHANGES MADE TO THE PROPOSED RULE AS WELL AS
1080-REASONS FOR SUBSTANT IVE CHANGES NOT MADE THAT WERE RECOMMENDE D BY
1081-COMMENTERS .
1002+ARTICLE 11. RULEMAKING . 5
10821003
1083- 3. THE COMMISSION SHALL DETE RMINE A REASONABLE E FFECTIVE
1084-DATE FOR THE RULE. EXCEPT FOR AN EMERGEN CY AS PROVIDED IN ARTICLE 11.L.,
1085-THE EFFECTIVE DATE O F THE RULE SHALL BE NO SOON ER THAN 45 DAYS AFTER THE
1086-COMMISSION ISSUING TH E NOTICE THAT IT ADO PTED OR AMENDED THE RULE.
1004+ A. THE COMMISSION SHALL PROM ULGATE REASONABLE RULES IN ORDER 6
1005+TO EFFECTIVELY AND E FFICIENTLY IMPLEMENT AND ADMINISTER THE P URPOSES 7
1006+AND PROVISIONS OF TH E COMPACT. A RULE SHALL BE INVALID AND HAVE NO 8
1007+FORCE OR EFFECT ONLY IF A COURT OF COMPET ENT JURISDICTION HOL DS THAT 9
1008+THE RULE IS INVALID BECAU SE THE COMMISSION EXERCISED ITS RULEMAKING 10
1009+AUTHORITY IN A MANNE R THAT IS BEYOND THE SCOPE AND PURPOSES O F THE 11
1010+COMPACT, THE POWERS GRANTED UNDER TH E COMPACT, OR BASED UPON 12
1011+ANOTHER APPLICABLE S TANDARD OF REVIEW . 13
10871012
1088- L. UPON A DETERMINATION THAT AN EMERGENCY EX ISTS, THE
1089-COMMISSION MAY CONSID ER AND ADOPT AN EMER GENCY RULE WITHIN 5 DAYS,
1090-WITH OPPORTUNITY TO COMMENT, PROVIDED THAT THE US UAL RULEMAKING
1091-PROCEDURES PROVIDED IN THE COMPACT AND IN THIS ARTICLE SHALL B E
1092-RETROACTIVELY APPLIE D TO THE RULE AS SOON AS REASO NABLY POSSIBLE , IN NO
1093-EVENT LATER THAN 90 DAYS AFTER THE EFFEC TIVE DATE OF THE RULE. FOR THE
1094-PURPOSES OF THIS PRO VISION, AN EMERGENCY RULE IS ONE THAT MUST BE
1095-ADOPTED IMMEDIATELY TO:
1013+ B. THE RULES OF THE COMMISSION SHALL HAVE THE FORCE OF LAW IN 14
1014+EACH MEMBER STATE, PROVIDED HOWEVER THA T WHERE THE RULES OF THE 15
1015+COMMISSION CONFLICT W ITH THE LAWS OF THE MEMBER STATE THAT ESTABLISH 16
1016+THE MEMBER STATE’S SCOPE OF PRACTICE LAWS GOVERNING THE PRACTICE OF 17
1017+COSMETOLOGY AS HELD BY A COURT OF COMPETENT J URISDICTION, THE RULES OF 18
1018+THE COMMISSION SHALL BE I NEFFECTIVE IN THAT STATE TO THE EXTENT O F THE 19
1019+CONFLICT. 20
10961020
1097- 1. MEET AN IMMINEN T THREAT TO PUBLIC H EALTH, SAFETY, OR
1098-WELFARE;
1021+ C. THE COMMISSION SHALL EXER CISE ITS RULEMAKING POWERS 21
1022+PURSUANT TO THE CRITERIA SET FOR TH IN THIS ARTICLE AND THE RULES 22
1023+ADOPTED THEREUNDER . RULES SHALL BECOME BI NDING AS OF THE DATE 23
1024+SPECIFIED BY THE COMMISSION FOR EACH RULE. 24
10991025
1100- 2. PREVENT A LOSS OF COMMISSION OR MEMBER STATE FUNDS;
1026+ D. IF A MAJORITY OF THE LEGISLATURES OF THE MEMBER STATES 25
1027+REJECTS A RULE OR PORTION OF A RULE, BY ENACTMENT OF A ST ATUTE OR 26
1028+RESOLUTIO N IN THE SAME MANNER USED TO ADOPT THE COMPACT WITHIN 4 YEARS 27
1029+OF THE DATE OF ADOPT ION OF THE RULE, THEN THE RULE MAY NOT HAVE FURTHER 28
1030+FORCE AND EFFECT IN ANY MEMBER STATE OR TO ANY STATE APPLYING TO 29
1031+PARTICIPATE IN THE COMPACT. 30
11011032
1102- 3. MEET A DEADLINE FOR T HE PROMULGATION OF A RULE THAT IS
1103-ESTABLISHED BY FEDER AL LAW OR RULE ; OR
1033+ E. RULES SHALL BE ADOPTE D AT A REGULAR OR SPEC IAL MEETING OF THE 31
1034+COMMISSION. 32
11041035
1105- 4. PROTECT PUBLIC HEALTH AND SAFETY.
1036+ F. PRIOR TO THE ADOPTION OF A PROPOS ED RULE, THE COMMISSION 33
1037+SHALL HOLD A PUBLIC HEARING AND ALLOW PERSONS TO PROVIDE ORAL AND 34
1038+WRITTEN COMMENTS , DATA, FACTS, OPINIONS, AND ARGUMENTS . 35 24 HOUSE BILL 383
11061039
1107- M. THE COMMISSION OR AN AUTH ORIZED COMMITTEE OF THE
1108-COMMISSION MAY DIRECT REVISIONS TO A PREVI OUSLY ADOPTED RULE FOR
1109-PURPOSES OF CORRECTI NG TYPOGRAPHICAL ERR ORS, ERRORS IN FORMAT ,
1110-ERRORS IN CONSISTENC Y, OR GRAMMATICAL ERROR S. PUBLIC NOTICE OF ANY
1111-REVISIONS SHALL BE POSTED ON THE WEB SITE OF THE COMMISSION. THE REVISION
1112-SHALL BE SUBJECT TO CHALLENGE BY ANY PERSON FOR A PERIOD OF 30 DAYS
1113-AFTER POSTING . THE REVISION MAY BE C HALLENGED ONLY ON GR OUNDS THAT THE
1114-REVISION RESULTS IN A MATERIAL CHANGE TO A RULE. A CHALLENGE SHALL BE
1115-MADE IN WRITING AND DELIVERED TO THE COMMISSION PRIOR TO THE END OF THE Ch. 328 2024 LAWS OF MARYLAND
11161040
1117-– 26 –
1118-NOTICE PERIOD . IF NO CHALLENGE IS MA DE, THE REVISION WILL TA KE EFFECT
1119-WITHOUT FURTHER ACTI ON. IF THE REVISION IS CH ALLENGED, THE REVISION MAY
1120-NOT TAKE EFFECT WITHOUT THE APPROVAL OF THE COMMISSION.
11211041
1122- N. NO MEMBER STATE’S RULEMAKING REQUIRE MENTS MAY APPLY UNDER
1123-THIS COMPACT.
1042+ G. PRIOR TO THE ADOPTION OF A PROPOS ED RULE BY THE COMMISSION, 1
1043+AND AT LEAST 30 DAYS IN ADVANCE OF T HE MEETING AT WHICH THE COMMISSION 2
1044+WILL HOLD A PUBLIC H EARING ON THE PROPOS ED RULE, THE COMMISSION SHALL 3
1045+PROVIDE A NOTICE OF PROPOSED RULEMAKING : 4
11241046
1125-ARTICLE 12. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT .
1047+ 1. ON THE WEBSITE OF TH E COMMISSION OR OTHER P UBLICLY 5
1048+ACCESSIBLE PLATFORM ; 6
11261049
1127- A. OVERSIGHT.
1050+ 2. TO PERSONS WHO HAVE R EQUESTED NOTICE OF T HE 7
1051+COMMISSION’S NOTICES OF PROPOSE D RULEMAKING ; AND 8
11281052
1129- 1. THE EXECUTIVE AND JUD ICIAL BRANCHES OF STATE
1130-GOVERNMENT IN EACH MEMBER STATE SHALL ENFORCE T HIS COMPACT AND TAKE
1131-ALL ACTIONS NECESSAR Y AND APPROPRIATE TO IMPLEMENT THE COMPACT.
1053+ 3. IN ANY SUCH WAY THE COMMISSION MAY BY RULE SPECIFY. 9
11321054
1133- 2. VENUE IS PROPER AND J UDICIAL PROCEEDINGS BY OR AGAINST
1134-THE COMMISSION SHALL BE B ROUGHT SOLELY AND EX CLUSIVELY IN A COURT OF
1135-COMPETENT JURISDICTI ON WHERE THE PRINCIP AL OFFICE OF THE COMMISSION IS
1136-LOCATED. THE COMMISSION MAY WAIVE VENUE AND JURISDICTI ONAL DEFENSES
1137-TO THE EXTENT IT ADO PTS OR CONSENTS TO P ARTICIPATE IN ALTERN ATIVE
1138-DISPUTE RESOLUTION P ROCEEDINGS . NOTHING HEREIN SHALL AFFECT OR LIMI T
1139-THE SELECTION OR PRO PRIETY OF VENUE IN A NY ACTION AGAINST A LICENSEE FOR
1140-PROFESSIONAL MALPRAC TICE, MISCONDUCT OR ANY SU CH SIMILAR MATTER .
1055+ H. THE NOTICE OF PROPOSE D RULEMAKING SHALL INCLUDE: 10
11411056
1142- 3. THE COMMISSION SHALL BE E NTITLED TO RECEIVE S ERVICE OF
1143-PROCESS IN ANY PROCE EDING R EGARDING THE ENFORCE MENT OR
1144-INTERPRETATION OF TH E COMPACT AND SHALL HAV E STANDING TO INTERV ENE IN
1145-SUCH A PROCEEDING FO R ALL PURPOSES . FAILURE TO PROVIDE TH E COMMISSION
1146-SERVICE OF PROCESS S HALL RENDER A JUDGME NT OR ORDER VOID AS TO THE
1147-COMMISSION, THIS COMPACT, OR PROMULGATED RULES.
1057+ 1. THE TIME, DATE, AND LOCATION OF THE PUBLIC HEARING AT 11
1058+WHICH THE COMMISSION WILL HEAR PUBLIC COMMENTS ON T HE PROPOSED RULE 12
1059+AND, IF DIFFERENT, THE TIME, DATE, AND LOCATION OF THE MEETING WHERE THE 13
1060+COMMISSION WILL CONSI DER AND VOTE ON THE PROPOSED RULE; 14
11481061
1149- B. DEFAULT, TECHNICAL ASSISTANCE, AND TERMINATION.
1062+ 2. IF THE HEARING IS HEL D VIA TELECOMMUNICAT ION, VIDEO 15
1063+CONFERENCE , OR OTHER ELECTRONIC MEANS, THE COMMISSION SHALL INCL UDE 16
1064+THE MECHANISM FOR AC CESS TO THE HEARING IN THE NOTICE OF PRO POSED 17
1065+RULEMAKI NG; 18
11501066
1151- 1. IF THE COMMISSION DETERMINES THAT A MEMBER STATE HAS
1152-DEFAULTED IN THE PER FORMANCE OF ITS OBLI GATIONS OR RESPONSIB ILITIES
1153-UNDER THIS COMPACT OR THE PROMUL GATED RULES, THE COMMISSION SHALL
1154-PROVIDE WRITTEN NOTI CE TO THE DEFAULTING STATE. THE NOTICE OF DEFAULT
1155-SHALL DESCRIBE THE D EFAULT, THE PROPOSED MEANS O F CURING THE DEFAULT ,
1156-AND ANY OTHER ACTION THAT THE COMMISSION MAY TAKE , AND SHALL OFFER
1157-TRAINING AND SPECIFI C TECHNICAL ASSISTANCE REGARDING THE DEFAULT .
1067+ 3. THE TEXT OF THE PROPO SED RULE AND THE REASON THEREFOR; 19
11581068
1159- 2. THE COMMISSION SHALL PROV IDE A COPY OF THE NO TICE OF WES MOORE, Governor Ch. 328
1069+ 4. A REQUEST FOR COMMENTS ON THE PROPOSED RULE FROM ANY 20
1070+INTERESTED PERSON ; AND 21
11601071
1161-– 27 –
1162-DEFAULT TO THE OTHER MEMBER STATES.
1072+ 5. THE MANNER IN WHICH I NTERESTED PERSONS MAY SUBMIT 22
1073+WRITTEN COMMENTS . 23
11631074
1164- 3. IF A STATE IN DEFAULT FAIL S TO CURE THE DEFAUL T, THE
1165-DEFAULTING STATE MAY BE TERMINAT ED FROM THE COMPACT AFTER AN
1166-AFFIRMATIVE VOTE OF A MAJO RITY OF THE DELEGATE S OF THE MEMBER STATES,
1167-AND ALL RIGHTS , PRIVILEGES AND BENEF ITS CONFERRED ON THA T STATE BY THIS
1168-COMPACT MAY BE TERMIN ATED ON THE EFFECTIV E DATE OF TERMINATIO N. A CURE
1169-OF THE DEFAULT DOES NOT RELIEVE THE OFFE NDING STATE OF OBLIGATIONS OR
1170-LIABILITIES INCURRED DURING THE PERIOD OF DEFAULT.
1075+ I. ALL HEARINGS SHALL BE RECORDE D. A COPY OF THE RECORDIN G AND 24
1076+ALL WRITTEN COMMENTS AND DOCUMENTS RECEIV ED BY THE COMMISSION IN 25
1077+RESPONSE TO THE PROP OSED RULE SHALL BE AVAILAB LE TO THE PUBLIC. 26
11711078
1172- 4. TERMINATION OF MEMBER SHIP IN THE COMPACT SHALL BE
1173-IMPOSED ONLY AFTER A LL OTHER MEANS OF SE CURING COMPLIANCE HA VE BEEN
1174-EXHAUSTED. NOTICE OF INTENT TO S USPEND OR TERMINATE SHALL BE GIVEN BY
1175-THE COMMISSION TO THE GOV ERNOR, THE MAJORITY AND MIN ORITY LEADERS OF
1176-THE DEFAULTING STATE’S LEGISLATURE , THE DEFAULTING STATE’S STATE
1177-LICENSING AUTHORITY AND EACH OF THE MEMBER STATES’ STATE LICENSING
1178-AUTHORITY.
1079+ J. NOTHING IN THIS ARTICLE MAY BE CONSTRUED AS REQU IRING A 27
1080+SEPARATE HEARING ON EACH RULE. RULES MAY BE GROUPED FOR THE 28
1081+CONVENIENCE OF THE COMMISSION AT HEARING S REQUIRED BY THIS ARTICLE. 29
11791082
1180- 5. A STATE THAT HAS BEEN T ERMINATED IS RESPONSIB LE FOR ALL
1181-ASSESSMENTS , OBLIGATIONS, AND LIABILITIES INCU RRED THROUGH THE
1182-EFFECTIVE DATE OF TE RMINATION, INCLUDING OBLIGATION S THAT EXTEND
1183-BEYOND THE EFFECTIVE DATE OF TERMINATION .
1083+ K. THE COMMISSION SHALL , BY MAJORITY VOTE OF ALL MEMBERS , TAKE 30 HOUSE BILL 383 25
11841084
1185- 6. UPON THE TERMINATION OF A STATE’S MEMBERSHIP FROM THIS
1186-COMPACT, THAT STATE SHALL IMMEDIATE LY PROVIDE NOTICE TO ALL LICENSEES
1187-WHO HOLD A MULTISTATE LICENSE WITHIN THAT STATE OF SUCH TERMINATION .
1188-THE TERMINATED STATE SHALL CONTINUE TO RECOGNIZE ALL LICENSES GRANTED
1189-PURSUANT TO THIS COMPACT FOR A MINIMUM OF 180 DAYS AFTER THE DATE OF
1190-SAID NOTICE OF TERMINATIO N.
11911085
1192- 7. THE COMMISSION MAY NOT BEAR ANY COSTS R ELATED TO A
1193-STATE THAT IS FOUND T O BE IN DEFAULT OR T HAT HAS BEEN TERMINA TED FROM
1194-THE COMPACT, UNLESS AGREED UPON I N WRITING BETWEEN TH E COMMISSION AND
1195-THE DEFAULTING STATE.
1086+FINAL ACTION ON THE PROPOSED RULE BASED ON THE RUL EMAKING RECORD AND 1
1087+THE FULL TEXT OF THE RULE. 2
11961088
1197- 8. THE DEFAULTING STATE MAY APPEAL THE ACTION OF THE
1198-COMMISSION BY PETITIO NING THE UNITED STATES DISTRICT COURT FOR THE
1199-DISTRICT OF COLUMBIA OR THE FEDER AL DISTRICT WHERE TH E COMMISSION HAS
1200-ITS PRINCIPAL OFFICE S. THE PREVAILING PARTY SHALL BE AWARDED ALL COSTS
1201-OF SUCH LITIGATION, INCLUDING REASONABLE ATTORNEY’S FEES.
1089+ 1. THE COMMISSION MAY ADOPT CHANGES TO THE PROPO SED RULE 3
1090+PROVIDED THE CHANGES DO NOT ENLARGE THE O RIGINAL PURPOSE OF T HE 4
1091+PROPOSED RULE. 5
12021092
1203- C. DISPUTE RESOLUTION.
1204- Ch. 328 2024 LAWS OF MARYLAND
1093+ 2. THE COMMISSION SHALL PROV IDE AN EXPLANATION O F THE 6
1094+REASONS FOR SUBSTANT IVE CHANGES MADE TO THE PROPOSED RULE AS WELL AS 7
1095+REASONS FOR SUBSTANT IVE CHANGES NOT MADE THAT WERE RECOMMENDE D BY 8
1096+COMMENTERS . 9
12051097
1206-– 28 –
1207- 1. UPON REQUEST BY A MEMBER STATE, THE COMMISSION SHALL
1208-ATTEMPT TO RESOLVE D ISPUTES RELATED TO T HE COMPACT THAT ARISE AM ONG
1209-MEMBER STATES AND BETWEEN MEMBER AND NON –MEMBER STATES.
1098+ 3. THE COMMISSION SHALL DETE RMINE A REASONABLE E FFECTIVE 10
1099+DATE FOR THE RULE. EXCEPT FOR AN EMERGEN CY AS PROVIDED IN ARTICLE 11.L., 11
1100+THE EFFECTIVE DATE O F THE RULE SHALL BE NO SOON ER THAN 45 DAYS AFTER THE 12
1101+COMMISSION ISSUING TH E NOTICE THAT IT ADO PTED OR AMENDED THE RULE. 13
12101102
1211- 2. THE COMMISSION SHALL PROM ULGATE A RULE PROVIDING FOR
1212-BOTH MEDIATION AND B INDING DISPUTE RESOL UTION FOR DISPUTES A S
1213-APPROPRIATE .
1103+ L. UPON A DETERMINATION THAT AN EMERGENCY EX ISTS, THE 14
1104+COMMISSION MAY CONSID ER AND ADOPT AN EMER GENCY RULE WITHIN 5 DAYS, 15
1105+WITH OPPORTUNITY TO COMMENT, PROVIDED THAT THE US UAL RULEMAKING 16
1106+PROCEDURES PROVIDED IN THE COMPACT AND IN THIS ARTICLE SHALL BE 17
1107+RETROACTIVELY APPLIE D TO THE RULE AS SOON AS REASO NABLY POSSIBLE , IN NO 18
1108+EVENT LATER THAN 90 DAYS AFTER THE EFFEC TIVE DATE OF THE RULE. FOR THE 19
1109+PURPOSES OF THIS PROVISI ON, AN EMERGENCY RULE IS ONE THAT MUST BE 20
1110+ADOPTED IMMEDIATELY TO: 21
12141111
1215- D. ENFORCEMENT .
1112+ 1. MEET AN IMMINENT THRE AT TO PUBLIC HEALTH , SAFETY, OR 22
1113+WELFARE; 23
12161114
1217- 1. THE COMMISSION, IN THE REASONABLE EX ERCISE OF ITS
1218-DISCRETION, SHALL ENFORCE THE PR OVISIONS OF THIS COMPACT AND THE
1219-COMMISSION’S RULES.
1115+ 2. PREVENT A LOSS OF COMMISSION OR MEMBER STATE FUNDS; 24
12201116
1221- 2. BY MAJORITY VOTE AS P ROVIDED BY COMMISSION RULE, THE
1222-COMMISSION MAY INITIA TE LEGAL ACTION AGAI NST A MEMBER STATE IN DEFAULT
1223-IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA OR THE
1224-FEDERAL DISTRICT WHE RE THE COMMISSION HAS ITS PR INCIPAL OFFICES TO
1225-ENFORCE COMPLIANCE W ITH THE PROVISIONS O F THE COMPACT AND ITS
1226-PROMULGATED RULES. THE RELIEF SOUGHT MAY INCLUDE BOTH INJUNCT IVE
1227-RELIEF AND DAMAGES . IN THE EVENT JUDICIAL ENFORCEMENT IS NECES SARY, THE
1228-PREVAILING PARTY SHA LL BE AWARDED ALL CO STS OF SUCH LITIGATION ,
1229-INCLUDING REASONABLE ATTORNEY’S FEES. THE REMEDIES HEREIN MAY NOT BE
1230-THE EXCLUSIVE REMEDI ES OF THE COMMISSION. THE COMMISSION MAY PURSUE
1231-ANY OTHER REMEDIES A VAILABLE UNDER FEDER AL OR THE DEFAULTING MEMBER
1232-STATE’S LAW.
1117+ 3. MEET A DEADLINE FOR T HE PROMULGATION OF A RULE THAT IS 25
1118+ESTABLISHED BY FEDER AL LAW OR RULE ; OR 26
12331119
1234- 3. A MEMBER STATE MAY INITIATE LEGAL ACTION AGAINST THE
1235-COMMISSION IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF
1236-COLUMBIA OR THE FEDER AL DISTRICT WHERE TH E COMMISSION HAS ITS
1237-PRINCIPAL OFFICES TO ENFORCE COMPLIANCE W ITH THE PROVISIONS O F THE
1238-COMPACT AND ITS PROM ULGATED RULES. THE RELIEF SOUGHT MAY INCLUDE
1239-BOTH INJUNCTIVE RELI EF AND DAMAGES . IN THE EVENT JUDICIAL ENFORCEMENT
1240-IS NECESSARY, THE PREVAILING PARTY SHALL BE AWARDED ALL COSTS OF SUCH
1241-LITIGATION, INCLUDING REASONABLE ATTORNEY’S FEES.
1120+ 4. PROTECT PUBLIC HEALTH AND SAFETY. 27
12421121
1243- 4. NO INDIVIDUAL O R ENTITY OTHER THAN A MEMBER STATE MAY
1244-ENFORCE THIS COMPACT AGAINST THE COMMISSION.
1122+ M. THE COMMISSION OR AN AUTH ORIZED COMMITTEE OF THE 28
1123+COMMISSION MAY DIRECT REVISIONS TO A PREVI OUSLY ADOPTED RULE FOR 29
1124+PURPOSES OF CORRECTI NG TYPOGRAPHICAL ER RORS, ERRORS IN FORMAT , 30
1125+ERRORS IN CONSISTENC Y, OR GRAMMATICAL ERROR S. PUBLIC NOTICE OF ANY 31
1126+REVISIONS SHALL BE P OSTED ON THE WEBSITE OF THE COMMISSION. THE REVISION 32
1127+SHALL BE SUBJECT TO CHALLENGE BY ANY PERSON FOR A PERIOD OF 30 DAYS 33
1128+AFTER POSTING . THE REVISION MAY BE C HALLENGED ONLY ON GR OUNDS THAT THE 34 26 HOUSE BILL 383
12451129
1246-ARTICLE 13. EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT .
12471130
1248- A. THE COMPACT SHALL COME IN TO EFFECT ON THE DAT E ON WHICH THE WES MOORE, Governor Ch. 328
1131+REVISION RESULTS IN A MATERIAL CHANGE TO A RULE. A CHALLENGE SHALL BE 1
1132+MADE IN WRITING AND DELIVERED TO THE COMMISSION PRIOR TO THE END OF THE 2
1133+NOTICE PERIOD . IF NO CHALLENGE IS MA DE, THE REVISION WILL TAKE EFFECT 3
1134+WITHOUT FURTHER ACTI ON. IF THE REVISION IS CH ALLENGED, THE REVISION MAY 4
1135+NOT TAKE EFFECT WITH OUT THE APPROVAL OF THE COMMISSION. 5
12491136
1250-– 29 –
1251-COMPACT STATUTE IS EN ACTED INTO LAW IN TH E SEVENTH MEMBER STATE.
1137+ N. NO MEMBER STATE’S RULEMAKING REQUIRE MENTS MAY APPLY UNDER 6
1138+THIS COMPACT. 7
12521139
1253- 1. ON OR AFTER THE EFFEC TIVE DATE OF THE COMPACT, THE
1254-COMMISSION SHALL CONV ENE AND REVIEW THE E NACTMENT OF EACH OF THE
1255-CHARTER MEMBER STATES TO DETERMINE I F THE STATUTE ENACTE D BY EACH
1256-SUCH CHARTER MEMBER STATE IS MATERIALLY D IFFERENT THAN THE MO DEL
1257-COMPACT STATUTE .
1140+ARTICLE 12. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT . 8
12581141
1259- A. A CHARTER MEMBER STATE WHOSE ENACTMENT IS FOUND
1260-TO BE MATERIALLY DIF FERENT FROM THE MODE L COMPACT STATUTE SHALL BE
1261-ENTITLED TO THE DEFA ULT PROCESS SET FORT H IN ARTICLE 12.
1142+ A. OVERSIGHT. 9
12621143
1263- B. IF ANY MEMBER STATE IS LATER FOUND TO BE IN DEFAULT,
1264-OR IS TERMINATED OR WITHDRAWS FROM THE COMPACT, THE COMMISSION SHALL
1265-REMAIN IN EXISTENCE AND THE COMPACT SHALL REMAIN IN EFFECT EVEN IF TH E
1266-NUMBER OF MEMBER STATES SHOULD BE LESS THAN 7.
1144+ 1. THE EXECUTIVE AND JUD ICIAL BRANCHES OF STATE 10
1145+GOVERNMENT IN EACH MEMBER STATE SHALL ENFORCE T HIS COMPACT AND TAKE 11
1146+ALL ACTIONS NECESSAR Y AND APPROPRIATE TO IMPLEMENT THE COMPACT. 12
12671147
1268- 2. MEMBER STATES ENACTING THE COMPACT SUBSEQUENT TO THE
1269-CHARTER MEMBER STATES SHALL BE SUBJE CT TO THE PROCESS SE T FORTH IN
1270-ARTICLE 9.C.24. TO DETERMINE IF THEI R ENACTMENTS ARE MAT ERIALLY
1271-DIFFERENT FROM THE M ODEL COMPACT STATUTE AND W HETHER THEY QUALIFY
1272-FOR PARTICIPATION IN THE COMPACT.
1148+ 2. VENUE IS PROPER AND J UDICIAL PROCEEDINGS BY OR AGAINST 13
1149+THE COMMISSION SHALL BE B ROUGHT SOLELY AND EX CLUSIVELY IN A COURT OF 14
1150+COMPETENT JURISDICTI ON WHERE THE PRINCIP AL OFFICE OF THE COMMISSION IS 15
1151+LOCATED. THE COMMISSION MAY WAIVE VENUE AND JURISDICTI ONAL DEFENSES 16
1152+TO THE EXTENT IT ADO PTS OR CONSENTS TO P ARTICIPATE IN ALTERN ATIVE 17
1153+DISPUTE RESOLUTION P ROCEEDINGS . NOTHING HEREIN SHALL AFFECT OR LIMI T 18
1154+THE SELECTION OR PRO PRIETY OF VENUE IN A NY ACTION AGAINST A LICENSEE FOR 19
1155+PROFESSIONAL MALPRAC TICE, MISCONDUCT OR A NY SUCH SIMILAR MATT ER. 20
12731156
1274- 3. ALL ACTIONS TAKEN FOR THE BENEFIT O F THE COMMISSION OR
1275-IN FURTHERANCE OF TH E PURPOSES OF THE AD MINISTRATION OF THE COMPACT
1276-PRIOR TO THE EFFECTIVE DATE O F THE COMPACT OR THE COMMISSION COMING
1277-INTO EXISTENCE SHALL BE CONSIDERED TO BE ACTIONS OF THE COMMISSION
1278-UNLESS SPECIFICALLY REPUDIATED BY THE COMMISSION.
1157+ 3. THE COMMISSION SHALL BE E NTITLED TO RECEIVE S ERVICE OF 21
1158+PROCESS IN ANY PROCE EDING REGARDING THE ENFORCEMENT OR 22
1159+INTERPRETATION OF TH E COMPACT AND SHALL HAV E STANDING TO INTERV ENE IN 23
1160+SUCH A PROCEEDING FO R ALL PURPOSES . FAILURE TO PROVIDE THE COMMISSION 24
1161+SERVICE OF PROCESS S HALL RENDER A JUDGME NT OR ORDER VOID AS TO THE 25
1162+COMMISSION, THIS COMPACT, OR PROMULGATED RULES. 26
12791163
1280- 4. ANY STATE THAT JOINS THE COMPACT SHALL BE SUBJ ECT TO
1281-THE COMMISSION’S RULES AND BYLAWS AS T HEY EXIST ON THE DAT E ON WHICH
1282-THE COMPACT BECOMES LAW I N THAT STATE. ANY RULE THAT HAS BEEN
1283-PREVIOUSLY ADOPTED B Y THE COMMISSION SHALL HAVE THE FULL FORCE AND
1284-EFFECT OF LAW ON THE DAY THE COMPACT BECOMES LAW I N THAT STATE.
1164+ B. DEFAULT, TECHNICAL ASSISTANCE, AND TERMINATION. 27
12851165
1286- B. ANY MEMBER STATE MAY WITHDRAW FR OM THIS COMPACT BY
1287-ENACTING A STATUTE R EPEALING THAT STATE’S ENACTMENT OF THE COMPACT.
1166+ 1. IF THE COMMISSION DETERMINES THAT A MEMBER STATE HAS 28
1167+DEFAULTED IN THE PER FORMANCE OF ITS OBLI GATIONS OR RESPONSIB ILITIES 29
1168+UNDER THIS COMPACT OR THE PROMUL GATED RULES, THE COMMISSION SHALL 30
1169+PROVIDE WRITTEN NOTI CE TO THE DEFAULTING STATE. THE NOTICE OF DEFAULT 31
1170+SHALL DESCRIBE THE D EFAULT, THE PROPOSED ME ANS OF CURING THE DE FAULT, 32
1171+AND ANY OTHER ACTION THAT THE COMMISSION MAY TAKE , AND SHALL OFFER 33
1172+TRAINING AND SPECIFI C TECHNICAL ASSISTAN CE REGARDING THE DEF AULT. 34
1173+ HOUSE BILL 383 27
12881174
1289- 1. A MEMBER STATE’S WITHDRAWAL MAY NOT TAKE EFFECT UNTI L
1290-180 DAYS AFTER ENACTMENT OF THE REPEALING STA TUTE.
12911175
1292- 2. WITHDRAWAL MAY NOT AFFECT THE CONTI NUING REQUIREMENT
1293-OF THE WITHDRAWING STATE’S STATE LICENSING AUTHORITY TO COMPLY W ITH Ch. 328 2024 LAWS OF MARYLAND
1176+ 2. THE COMMISSION SHALL PROV IDE A COPY OF THE NO TICE OF 1
1177+DEFAULT TO THE OTHER MEMBER STATES. 2
12941178
1295-– 30 –
1296-THE INVESTIGATIVE AN D ADVERSE ACTION REPORTING REQU IREMENTS OF THIS
1297-COMPACT BEFORE THE EFFECTIVE DATE O F WITHDRAWAL .
1179+ 3. IF A STATE IN DEFAULT FAIL S TO CURE THE DEFAUL T, THE 3
1180+DEFAULTING STATE MAY BE TERMINAT ED FROM THE COMPACT AFTER AN 4
1181+AFFIRMATIVE VOTE OF A MAJORITY OF THE DE LEGATES OF THE MEMBER STATES, 5
1182+AND ALL RIGHTS , PRIVILEGES AND BENEF ITS CONFERRED ON THA T STATE BY THIS 6
1183+COMPACT MAY BE TERMIN ATED ON THE EFFECTIV E DATE OF TERMINATIO N. A CURE 7
1184+OF THE DEFAULT DOES NOT RELIEVE THE OFFE NDING STATE OF OBLIGATIONS OR 8
1185+LIABILITIES INCURRED DURING THE PERIOD OF DEFAULT. 9
12981186
1299- 3. UPON THE ENACTMENT OF A S TATUTE WITHDRAWING F ROM THIS
1300-COMPACT, A STATE SHALL IMMEDIATE LY PROVIDE NOTICE OF THE WITHDRAWAL
1301-TO ALL LICENSEES WITHIN THAT STATE. NOTWITHSTANDING ANY S UBSEQUENT
1302-STATUTORY ENACTMENT TO THE CONTRARY , SUCH WITHDRAWING STATE SHALL
1303-CONTINUE TO RECOGNIZ E ALL LICENSES GRANT ED PURSUANT TO THIS COMPACT
1304-FOR A MINIMUM OF 180 DAYS AFTER THE DATE OF THE NOTICE OF WITHDRAWAL .
1187+ 4. TERMINATION OF MEMBER SHIP IN THE COMPACT SHALL BE 10
1188+IMPOSED ONLY AFTER A LL OTHER MEANS OF SE CURING COMPLIANCE HA VE BEEN 11
1189+EXHAUSTED. NOTICE OF INTENT TO S USPEND OR TERMINATE SHALL BE GIVEN BY 12
1190+THE COMMISSION TO THE GOV ERNOR, THE MAJORITY AND MIN ORITY LEADERS OF 13
1191+THE DEFAULTING STATE’S LEGISLATURE , THE DEFAULTING STATE’S STATE 14
1192+LICENSING AUTHORITY AND EACH OF THE MEMBER STATES’ STATE LICENSING 15
1193+AUTHORITY. 16
13051194
1306- C. NOTHING CONTAINED IN THIS COMPACT MAY BE CONSTRUED TO
1307-INVALIDATE OR PREVEN T ANY LICENSURE AGRE EMENT OR OTHER COOPE RATIVE
1308-ARRANGEMENT BETWEEN A MEMBER STATE AND A NON –MEMBER STATE THAT
1309-DOES NOT CONFLICT WI TH THE PROVISIONS OF THIS COMPACT.
1195+ 5. A STATE THAT HAS BEEN T ERMINATED IS RESPONS IBLE FOR ALL 17
1196+ASSESSMENTS , OBLIGATIONS, AND LIABILITIES INCU RRED THROUGH THE 18
1197+EFFECTIVE DATE OF TE RMINATION, INCLUDING OBLIGATION S THAT EXTEND 19
1198+BEYOND THE EFFECTIVE DATE OF TERMINATION . 20
13101199
1311- D. THIS COMPACT MAY BE AMENDE D BY THE MEMBER STATES. NO
1312-AMENDMENT TO THIS COMPACT SHALL BECOME EFFECTIVE AND BINDING UPON
1313-ANY MEMBER STATE UNTIL IT IS ENACTED INTO THE LAWS O F ALL MEMBER STATES.
1200+ 6. UPON THE TERMINATION OF A STATE’S MEMBERSHIP FROM TH IS 21
1201+COMPACT, THAT STATE SHALL IMMEDIATE LY PROVIDE NOTICE TO ALL LICENSEES 22
1202+WHO HOLD A MULTISTATE LICENSE WITHIN THAT STATE OF SUCH TERMINATION . 23
1203+THE TERMINATED STATE SHALL CONTINUE TO RECOGNIZE ALL LICENSES GRANTED 24
1204+PURSUANT TO THIS COMPACT FOR A MINIMUM OF 180 DAYS AFTER THE DATE OF 25
1205+SAID NOTICE OF TERMINATIO N. 26
13141206
1315-ARTICLE 14. CONSTRUCTION AND SEVERABILITY.
1207+ 7. THE COMMISSION MAY NOT BEAR ANY COSTS R ELATED TO A 27
1208+STATE THAT IS FOUND T O BE IN DEFAULT OR T HAT HAS BEEN TERMINA TED FROM 28
1209+THE COMPACT, UNLESS AGREED UPON I N WRITING BETWEEN TH E COMMISSION AND 29
1210+THE DEFAULTING STATE. 30
13161211
1317- A. THIS COMPACT AND THE COMMISSION’S RULEMAKING AUTHORI TY
1318-SHALL BE LIBERALLY CONSTRU ED SO AS TO EFFECTUA TE THE PURPOSES AND THE
1319-IMPLEMENTATION AND A DMINISTRATION OF THE COMPACT. PROVISIONS OF THE
1320-COMPACT EXPRESSLY AUT HORIZING OR REQUIRIN G THE PROMULGATION O F
1321-RULES MAY NOT BE CONSTRUED TO LIMIT THE COMMISSION’S RULEMAKI NG
1322-AUTHORITY SOLELY FOR THOSE PURPOSES .
1212+ 8. THE DEFAULTING STATE MAY APPEAL THE ACTION OF THE 31
1213+COMMISSION BY PETITIONING THE UNITED STATES DISTRICT COURT FOR THE 32
1214+DISTRICT OF COLUMBIA OR THE FEDER AL DISTRICT WHERE TH E COMMISSION HAS 33
1215+ITS PRINCIPAL OFFICE S. THE PREVAILING PARTY SHALL BE AWARDED ALL COSTS 34
1216+OF SUCH LITIGATION, INCLUDING REASONABLE ATTORNEY’S FEES. 35
13231217
1324- B. THE PROVISIONS OF THI S COMPACT SHALL BE SEVE RABLE AND IF ANY
1325-PHRASE, CLAUSE, SENTENCE OR PROVISIO N OF THIS COMPACT IS HELD BY A COURT
1326-OF COMPETENT JURISDI CTION TO BE CONTRARY TO THE CONSTITUTION OF ANY
1327-MEMBER STATE, A STATE SEEKING PARTICI PATION IN THE COMPACT, OR OF THE
1328-UNITED STATES, OR THE APPLICABILITY TO ANY GOVERNMENT , AGENCY, PERSON
1329-OR CIRCUMSTANCE IS H ELD TO BE UNCONSTITU TIONAL BY A COURT OF COMPETENT
1330-JURISDICTION, THE VALIDITY OF THE REMAINDER OF THIS COMPACT AND THE
1331-APPLICABILITY THEREOF TO ANY OTHER GOVERNM ENT, AGENCY, PERSON OR
1332-CIRCUMSTANCE MAY NOT BE AFFECTED .
1218+ C. DISPUTE RESOLUTION. 36 28 HOUSE BILL 383
13331219
1334- C. NOTWITHSTANDING ARTICLE 14.B., THE COMMISSION MAY DENY A
1335-STATE’S PARTICIPATION IN T HE COMPACT OR , IN ACCORDANCE WITH T HE
1336-REQUIREMENTS OF ARTICLE 12, TERMINATE A MEMBER STATE’S PARTICIPATION
1337-IN THE COMPACT, IF IT DETERMINES THA T A CONSTITUTIONAL R EQUIREMENT OF A WES MOORE, Governor Ch. 328
13381220
1339-– 31 –
1340-MEMBER STATE IS A MATERIAL D EPARTURE FROM THE COMPACT. OTHERWISE, IF
1341-THIS COMPACT SHALL BE HELD TO BE CONTRARY TO THE CONSTITUTION OF ANY
1342-MEMBER STATE, THE COMPACT SHALL REMAIN IN FULL FORCE AND EF FECT AS TO
1343-THE REMAINING MEMBER STATES AND IN FULL FO RCE AND EFFECT AS TO THE
1344-MEMBER STATE AFFECTED AS TO ALL SEVERABLE MATTERS .
13451221
1346-ARTICLE 15. CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS.
1222+ 1. UPON REQUEST BY A MEMBER STATE, THE COMMISSION SHALL 1
1223+ATTEMPT TO RESOLVE D ISPUTES RELATED TO T HE COMPACT THAT ARISE AM ONG 2
1224+MEMBER STATES AND BETWEEN MEMBER AND NON –MEMBER STATES. 3
13471225
1348- A. NOTHING HEREIN SHALL PREVENT OR INHIBIT T HE ENFORCEMENT OF
1349-ANY OTHER LAW OF A MEMBER STATE THAT IS NOT INC ONSISTENT WITH THE
1350-COMPACT.
1226+ 2. THE COMMISSION SHALL PROM ULGATE A RULE PROVIDING FOR 4
1227+BOTH MEDIATION AND B INDING DISPUTE RESOL UTION FOR DISPUTES A S 5
1228+APPROPRIATE . 6
13511229
1352- B. ANY LAWS , STATUTES, REGULATIONS , OR OTHER LEGAL
1353-REQUIREMENTS IN A MEMBER STATE IN CONFLICT WIT H THE COMPACT ARE
1354-SUPERSEDED TO THE EX TENT OF THE CONFLICT .
1230+ D. ENFORCEMENT . 7
13551231
1356- C. ALL PERMISSIBLE AGREE MENTS BETWEEN THE COMMISSION AND THE
1357-MEMBER STATES ARE BINDING IN ACCORDANC E WITH THEIR TERMS .
1232+ 1. THE COMMISSION, IN THE REASONABLE EX ERCISE OF ITS 8
1233+DISCRETION, SHALL ENFORCE THE PR OVISIONS OF THIS COMPACT AND THE 9
1234+COMMISSION’S RULES. 10
13581235
1359- SECTION 2. AND BE IT FURTHER ENACTED, That this Act is contingent on the
1360-enacting of substantially similar legislation in six other states. The Maryland Department
1361-of Labor shall notify the Department of Legislative Services within 10 days after any state
1362-has enacted legislation that is substantially similar to this Act.
1236+ 2. BY MAJORITY VOTE AS P ROVIDED BY COMMISSION RULE, THE 11
1237+COMMISSION MAY INITIA TE LEGAL ACTION AGAI NST A MEMBER STATE IN DEFAULT 12
1238+IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA OR THE 13
1239+FEDERAL DISTRICT WHE RE THE COMMISSION HAS ITS PR INCIPAL OFFICES TO 14
1240+ENFORCE COMPLIANCE W ITH THE PROVISIONS O F THE COMPACT AND ITS 15
1241+PROMULGATED RULES. THE RELIEF SOUGHT MAY INCLUDE BOTH INJUNCT IVE 16
1242+RELIEF AND DAMAGES . IN THE EVENT JUDICIAL ENFORCEMENT IS NECES SARY, THE 17
1243+PREVAILING PARTY SHA LL BE AWARDED ALL CO STS OF SUCH LITIGATION , 18
1244+INCLUDING REASONABLE ATTORNEY’S FEES. THE REMEDIES HEREIN MAY NOT BE 19
1245+THE EXCLUSIVE REMEDI ES OF THE COMMISSION. THE COMMISSION MAY PURSUE 20
1246+ANY OTHER REMEDIES A VAILABLE UNDER FEDER AL OR THE DEFAULTING MEMBER 21
1247+STATE’S LAW. 22
13631248
1364- SECTION 3. AND BE IT FURTHER ENACTED, That , subject to Section 2 of this
1365-Act, this Act shall take effect October 1, 2024.
1249+ 3. A MEMBER STATE MAY INITIATE LEGAL ACTION AGAINST THE 23
1250+COMMISSION IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF 24
1251+COLUMBIA OR THE FEDER AL DISTRICT WHERE TH E COMMISSION HAS ITS 25
1252+PRINCIPAL OFFICES TO ENFORCE COMPLIANCE W ITH THE PROVISIONS O F THE 26
1253+COMPACT AND ITS PROM ULGATED RULES. THE RELIEF SOUGHT MAY INCLUDE 27
1254+BOTH INJUNCTIVE RELI EF AND DAMAGES . IN THE EVENT JUDICIAL ENFORCEMENT 28
1255+IS NECESSARY, THE PREVAILING PARTY SHALL BE AWARDED ALL COSTS OF SUCH 29
1256+LITIGATION, INCLUDING REASONABLE ATTORNEY’S FEES. 30
13661257
1367-Approved by the Governor, April 25, 2024.
1258+ 4. NO INDIVIDUAL O R ENTITY OTHER THAN A MEMBER STATE MAY 31
1259+ENFORCE THIS COMPACT AGAINST THE COMMISSION. 32
1260+
1261+ARTICLE 13. EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT . 33
1262+
1263+ A. THE COMPACT SHALL COME IN TO EFFECT ON THE DAT E ON WHICH THE 34 HOUSE BILL 383 29
1264+
1265+
1266+COMPACT STATUTE IS EN ACTED INTO LAW IN TH E SEVENTH MEMBER STATE. 1
1267+
1268+ 1. ON OR AFTER THE EFFEC TIVE DATE OF THE COMPACT, THE 2
1269+COMMISSION SHALL CONV ENE AND REVIEW THE E NACTMENT OF EACH OF THE 3
1270+CHARTER MEMBER STATES TO DETERMINE I F THE STATUTE ENACTE D BY EACH 4
1271+SUCH CHARTER MEMBER STATE IS MATERIALLY D IFFERENT THAN THE MO DEL 5
1272+COMPACT STATUTE . 6
1273+
1274+ A. A CHARTER MEMBER STATE WHOSE ENACTMENT IS FOUND 7
1275+TO BE MATERIALLY DIF FERENT FROM THE MODE L COMPACT STATUTE SHALL BE 8
1276+ENTITLED TO THE DEFA ULT PROCESS SET FORT H IN ARTICLE 12. 9
1277+
1278+ B. IF ANY MEMBER STATE IS LATER FOUND TO BE IN DEFAULT, 10
1279+OR IS TERMINATED OR WITHDRAWS FROM THE COMPACT, THE COMMISSION SHALL 11
1280+REMAIN IN EXISTENCE AND THE COMPACT SHALL REMAIN IN EFFECT EVEN IF TH E 12
1281+NUMBER OF MEMBER STATES SHOULD BE LESS THAN 7. 13
1282+
1283+ 2. MEMBER STATES ENACTING THE COMPACT SUBSEQUENT TO THE 14
1284+CHARTER MEMBER STATES SHALL BE SUBJE CT TO THE PROCESS SE T FORTH IN 15
1285+ARTICLE 9.C.24. TO DETERMINE IF THEI R ENACTMENTS ARE MAT ERIALLY 16
1286+DIFFERENT FROM THE M ODEL COMPACT STATUTE AND W HETHER THEY QUALIFY 17
1287+FOR PARTICIPATION IN THE COMPACT. 18
1288+
1289+ 3. ALL ACTIONS TAKEN FOR THE BENEFIT OF THE COMMISSION OR 19
1290+IN FURTHERANCE OF TH E PURPOSES OF THE AD MINISTRATION OF THE COMPACT 20
1291+PRIOR TO THE EFFECTIVE DATE O F THE COMPACT OR THE COMMISSION COMING 21
1292+INTO EXISTENCE SHALL BE CONSIDERED TO BE ACTIONS OF THE COMMISSION 22
1293+UNLESS SPECIFICALLY REPUDIATED BY THE COMMISSION. 23
1294+
1295+ 4. ANY STATE THAT JOINS THE COMPACT SHALL BE SUBJECT TO 24
1296+THE COMMISSION’S RULES AND BYLAWS AS T HEY EXIST ON THE DAT E ON WHICH 25
1297+THE COMPACT BECOMES LAW I N THAT STATE. ANY RULE THAT HAS BEEN 26
1298+PREVIOUSLY ADOPTED B Y THE COMMISSION SHALL HAVE THE FULL FORCE AND 27
1299+EFFECT OF LAW ON THE DAY THE COMPACT BECOMES LA W IN THAT STATE. 28
1300+
1301+ B. ANY MEMBER STATE MAY WITHDRAW FR OM THIS COMPACT BY 29
1302+ENACTING A STATUTE R EPEALING THAT STATE’S ENACTMENT OF THE COMPACT. 30
1303+
1304+ 1. A MEMBER STATE’S WITHDRAWAL MAY NOT TAKE EFFECT UNTI L 31
1305+180 DAYS AFTER ENACTMENT OF THE REPEALING STA TUTE. 32
1306+
1307+ 2. WITHDRAWAL MAY NOT AFFECT THE CONTI NUING REQUIREMENT 33
1308+OF THE WITHDRAWING STATE’S STATE LICENSING AUTHORITY TO COMPLY W ITH 34 30 HOUSE BILL 383
1309+
1310+
1311+THE INVESTIGATIVE AN D ADVERSE ACTION REPORTING REQU IREMENTS OF THIS 1
1312+COMPACT BEFORE THE EFFECTIVE DATE O F WITHDRAWAL . 2
1313+
1314+ 3. UPON THE ENACTMENT OF A STA TUTE WITHDRAWING FRO M THIS 3
1315+COMPACT, A STATE SHALL IMMEDIATE LY PROVIDE NOTICE OF THE WITHDRAWAL 4
1316+TO ALL LICENSEES WITHIN THAT STATE. NOTWITHSTANDING ANY S UBSEQUENT 5
1317+STATUTORY ENACTMENT TO THE CONTRARY , SUCH WITHDRAWING STATE SHALL 6
1318+CONTINUE TO RECOGNIZE ALL LIC ENSES GRANTED PURSUANT TO THIS COMPACT 7
1319+FOR A MINIMUM OF 180 DAYS AFTER THE DATE OF THE NOTICE OF WITHDRAWAL . 8
1320+
1321+ C. NOTHING CONTAINED IN THIS COMPACT MAY BE CONSTRUED TO 9
1322+INVALIDATE OR PREVEN T ANY LICENSURE AGRE EMENT OR OTHER COOPE RATIVE 10
1323+ARRANGEMENT BETWEEN A MEMBER STATE AND A NON –MEMBER STATE THAT 11
1324+DOES NOT CONFLICT WI TH THE PROVISIONS OF THIS COMPACT. 12
1325+
1326+ D. THIS COMPACT MAY BE AMENDE D BY THE MEMBER STATES. NO 13
1327+AMENDMENT TO THIS COMPACT SHALL BECOME EFFECTIVE AND BINDING UPON 14
1328+ANY MEMBER STATE UNTIL IT IS ENACTED INTO THE LAWS O F ALL MEMBER STATES. 15
1329+
1330+ARTICLE 14. CONSTRUCTION AND SEVERABILITY. 16
1331+
1332+ A. THIS COMPACT AND THE COMMISSION’S RULEMAKING AUTHORI TY 17
1333+SHALL BE LIBERALLY CONSTRU ED SO AS TO EFFECTUA TE THE PURPOSES AND THE 18
1334+IMPLEMENTATION AND A DMINISTRATION OF THE COMPACT. PROVISIONS OF THE 19
1335+COMPACT EXPRESSLY AUT HORIZING OR REQUIRIN G THE PROMULGATION O F 20
1336+RULES MAY NOT BE CONSTRUED TO LIMIT THE COMMISSION’S RULEMAKI NG 21
1337+AUTHORITY SOLELY FOR THOSE PURPOSES . 22
1338+
1339+ B. THE PROVISIONS OF THI S COMPACT SHALL BE SEVE RABLE AND IF ANY 23
1340+PHRASE, CLAUSE, SENTENCE OR PROVISIO N OF THIS COMPACT IS HELD BY A COURT 24
1341+OF COMPETENT JURISDI CTION TO BE CONTRARY TO THE CONSTITUTION OF ANY 25
1342+MEMBER STATE, A STATE SEEKING PARTICI PATION IN THE COMPACT, OR OF THE 26
1343+UNITED STATES, OR THE APPLICABILITY TO ANY GOVERNMENT , AGENCY, PERSON 27
1344+OR CIRCUMSTANCE IS H ELD TO BE UNCONSTITU TIONAL BY A COURT OF COMPETENT 28
1345+JURISDICTION, THE VALIDITY OF THE REMAINDER OF THIS COMPACT AND THE 29
1346+APPLICABILITY THEREOF TO ANY OTHER GOVERNM ENT, AGENCY, PERSON OR 30
1347+CIRCUMSTANCE MAY NOT BE AFFECTED . 31
1348+
1349+ C. NOTWITHSTANDING ARTICLE 14.B., THE COMMISSION MAY DENY A 32
1350+STATE’S PARTICIPATION IN T HE COMPACT OR , IN ACCORDANCE WITH T HE 33
1351+REQUIREMENTS OF ARTICLE 12, TERMINATE A MEMBER STATE’S PARTICIPATION 34
1352+IN THE COMPACT, IF IT DETERMINES THA T A CONSTITUTIONAL R EQUIREMENT OF A 35
1353+MEMBER STATE IS A MATERIAL D EPARTURE FROM THE COMPACT. OTHERWISE, IF 36 HOUSE BILL 383 31
1354+
1355+
1356+THIS COMPACT SHALL BE HELD TO BE CONTRARY TO THE CONSTITUTION OF ANY 1
1357+MEMBER STATE, THE COMPACT SHALL REMAIN IN FULL FORCE AND EF FECT AS TO 2
1358+THE REMAINING MEMBER STATES AND IN FULL FO RCE AND EFFECT AS TO THE 3
1359+MEMBER STATE AFFECTED AS TO ALL SEVERABLE MATTERS . 4
1360+
1361+ARTICLE 15. CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS. 5
1362+
1363+ A. NOTHING HEREIN SHALL PREVENT OR INHIBIT T HE ENFORCEMENT OF 6
1364+ANY OTHER LAW OF A MEMBER STATE THAT IS NOT INC ONSISTENT WITH THE 7
1365+COMPACT. 8
1366+
1367+ B. ANY LAWS , STATUTES, REGULATIONS , OR OTHER LEGAL 9
1368+REQUIREMENTS IN A MEMBER STATE IN CONFLICT WIT H THE COMPACT ARE 10
1369+SUPERSEDED TO THE EX TENT OF THE CONFLICT . 11
1370+
1371+ C. ALL PERMISSIBLE AGREE MENTS BETWEEN THE COMMISSION AND THE 12
1372+MEMBER STATES ARE BINDING IN ACCORDANC E WITH THEIR TERMS . 13
1373+
1374+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act is contingent on the 14
1375+enacting of substantially similar legislation in six other states. The Maryland Department 15
1376+of Labor shall notify the Department of Legislative Services within 10 days after any state 16
1377+has enacted legislation that is substantially similar to this Act. 17
1378+
1379+ SECTION 3. AND BE IT FURTHER ENACTED, That , subject to Section 2 of this 18
1380+Act, this Act shall take effect October 1, 2024. 19
1381+
1382+
1383+
1384+Approved:
1385+________________________________________________________________________________
1386+ Governor.
1387+________________________________________________________________________________
1388+ Speaker of the House of Delegates.
1389+________________________________________________________________________________
1390+ President of the Senate.