MD
Maryland Senate Bill SB27

Maryland 2024 Regular Session

Maryland Senate Bill SB27 Compare Versions

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1- WES MOORE, Governor Ch. 329
21
3-– 1 –
4-Chapter 329
5-(Senate Bill 27)
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+ *sb0027*
89
9-Cosmetology Licensure Compact
10+SENATE BILL 27
11+C3 4lr1148
12+ (PRE–FILED) CF HB 383
13+By: Senators Gile, Beidle, Klausmeier, and Smith
14+Requested: October 24, 2023
15+Introduced and read first time: January 10, 2024
16+Assigned to: Finance
17+Reassigned: Education, Energy, and the Environment, January 11, 2024
18+Committee Report: Favorable
19+Senate action: Adopted
20+Read second time: February 8, 2024
1021
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.
22+CHAPTER ______
1723
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)
24+AN ACT concerning 1
2425
25- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
26-That the Laws of Maryland read as follows:
26+Cosmetology Licensure Compact 2
2727
28-Article – Business Occupations and Professions
28+FOR the purpose of entering into the Cosmetology Licensure Compact; establishing criteria 3
29+for participating states; authorizing an individual practicing cosmetology to practice 4
30+in a party state under certain circumstances; establishing the Cosmetology 5
31+Licensure Compact Commission and its duties and powers; providing for the 6
32+amendment of and withdrawal from the Compact; and generally relating to the 7
33+Cosmetology Licensure Compact. 8
2934
30-SUBTITLE 6A. COSMETOLOGY LICENSURE COMPACT.
35+BY adding to 9
36+ Article – Business Occupations and Professions 10
37+Section 5–6A–01 to be under the new subtitle “Subtitle 6A. Cosmetology Licensure 11
38+Compact” 12
39+ Annotated Code of Maryland 13
40+ (2018 Replacement Volume and 2023 Supplement) 14
3141
32-5–6A–01.
42+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
43+That the Laws of Maryland read as follows: 16
3344
34- THE COSMETOLOGY LICENSURE COMPACT IS HEREBY ENA CTED AND
35-ENTERED INTO WITH AL L OTHER JURISDICTION S THAT LEGALLY JOIN IN THE
36-COMPACT IN THE FORM S UBSTANTIALLY AS THE COMPACT APPEARS IN TH IS
37-SECTION AS FOLLOWS :
45+Article – Business Occupations and Professions 17
3846
39-ARTICLE 1. PURPOSE.
47+SUBTITLE 6A. COSMETOLOGY LICENSURE COMPACT. 18
48+ 2 SENATE BILL 27
4049
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 MULTISTATE LICEN SING PROGRAM . THROUGH THIS
47-NEW LICENSING PROGRA M, THE MEMBER STATES SEEK TO PROVID E INCREASED Ch. 329 2024 LAWS OF MARYLAND
4850
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 SERVICE S
52-TO THE PUBLIC.
51+5–6A–01. 1
5352
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:
53+ THE COSMETOLOGY LICENSURE COMPACT IS HEREBY ENA CTED AND 2
54+ENTERED INTO WITH AL L OTHER JURISDICTION S THAT LEGALLY JOIN IN THE 3
55+COMPACT IN THE FORM S UBSTANTIALLY AS THE COMPACT APPEARS IN TH IS 4
56+SECTION AS FOLLOWS : 5
5757
58- A. PROVIDE OPPO RTUNITIES FOR INTERS TATE PRACTICE BY
59-COSMETOLOGISTS WHO ME ET UNIFORM REQUIREME NTS FOR MULTISTATE
60-LICENSURE;
58+ARTICLE 1. PURPOSE. 6
6159
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;
60+ THE PURPOSE OF THIS COMPACT IS TO FACILIT ATE THE INTERSTATE 7
61+PRACTICE AND REGULAT ION OF COSMETOLOGY WITH THE GOAL OF IMPROVING 8
62+PUBLIC ACCESS TO , AND THE SAFETY OF, COSMETOLOGY SERVICES AND REDUCING 9
63+UNNECESSARY BURDENS RELATED TO COSMETOLOGY LICENSURE . THROUGH THIS 10
64+COMPACT, THE MEMBER STATES SEEK TO ESTABL ISH A REGULATORY FRA MEWORK 11
65+WHICH PROVIDES FOR A NEW MULTISTATE LICEN SING PROGRAM . THROUGH THIS 12
66+NEW LICENSING PROGRAM , THE MEMBER STATES SEEK TO PROVID E INCREASED 13
67+VALUE AND MOBILITY T O LICENSED COSMETOLOGISTS IN THE MEMBER STATES, 14
68+WHILE ENSURING THE P ROVISION OF SAFE , EFFECTIVE, AND RELIABLE SERVICE S 15
69+TO THE PUBLIC. 16
6570
66- C. ENSURE AND ENCOURAGE COOPERATION BETWEEN MEMBER STATES
67-IN THE LICENSURE AND REGULATION OF THE PRACTICE OF COSMETOLOGY ;
71+ THIS COMPACT IS DESIGNED T O ACHIEVE THE FOLLOWING OBJECTI VES AND 17
72+THE MEMBER STATES HEREBY RATIFY THE SAME INTENTIONS BY SUBSCRIBING 18
73+HERETO: 19
6874
69- D. SUPPORT RELOCATING MI LITARY MEMBERS AND T HEIR SPOUSES;
75+ A. PROVIDE OPPORTUNITIES FOR INTERSTATE PRACT ICE BY 20
76+COSMETOLOGISTS WHO ME ET UNIFORM REQUIREME NTS FOR MULTISTATE 21
77+LICENSURE; 22
7078
71- E. FACILITATE THE EXCHAN GE OF INFORMATION BE TWEEN MEMBER
72-STATES RELATED TO THE LICENSURE , INVESTIGATION , AND DISCIPLINE OF TH E
73-PRACTICE OF COSMETOLOGY ;
79+ B. ENHANCE THE ABILITIES OF MEMBER STATES TO PROTECT PUB LIC 23
80+HEALTH AND SAFETY AN D PREVENT FRAUD AND UNLICENSED ACTIVITY WITHIN THE 24
81+PROFESSION; 25
7482
75- F. PROVIDE FOR THE LICEN SURE AND MOBILITY OF THE WORKFORCE IN
76-THE PROFESSION WHILE ADDRESSING THE SHORT AGE OF WORKERS AND L ESSENING
77-THE ASSOCIATED BURDE NS ON THE MEMBER STATES.
83+ C. ENSURE AND ENCOURAGE COOPERATION BETWEEN MEMBER STATES 26
84+IN THE LICENSURE AND REGULATION OF THE PRACTICE OF COSMETOLOGY ; 27
7885
79-ARTICLE 2. DEFINITIONS.
86+ D. SUPPORT RE LOCATING MILITARY ME MBERS AND THEIR SPOU SES; 28
8087
81- AS USED IN THIS COMPACT, AND EXCEPT AS OTHERW ISE PROVIDED, THE
82-FOLLOWING DEFINITION S SHALL GOVERN THE T ERMS HEREIN:
88+ E. FACILITATE THE EXCHAN GE OF INFORMATION BE TWEEN MEMBER 29
89+STATES RELATED TO THE LICENSURE, INVESTIGATION , AND DISCIPLINE OF TH E 30
90+PRACTICE OF COSMETOLOGY ; 31
8391
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 OF THE NATIONAL GUARD AND RESERVE.
92+ F. PROVIDE FOR THE LICEN SURE AND MOBILITY OF THE WORKFO RCE IN 32
93+THE PROFESSION WHILE ADDRESSING THE SHORT AGE OF WORKERS AND L ESSENING 33 SENATE BILL 27 3
8794
88- B. “ADVERSE ACTION” MEANS ANY ADMINISTRA TIVE, CIVIL, EQUITABLE,
89-OR CRIMINAL ACTION P ERMITTED BY A MEMBER STATE’S LAWS WHICH IS IMPO SED
90-BY A STATE LICENSING AUTHORITY OR OTHER RE GULATORY BO DY AGAINST A
91-COSMETOLOGIST , INCLUDING ACTIONS AG AINST AN INDIVIDUAL ’S LICENSE OR WES MOORE, Governor Ch. 329
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 LICE NSE AFFECTING AN INDIVIDU AL’S ABILITY TO
97-PARTICIPATE IN THE COSMETOLOGY INDUSTRY , INCLUDING THE ISSUAN CE OF A
98-CEASE AND DESIST ORD ER.
96+THE ASSOCIATED BURDE NS ON THE MEMBER STATES. 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+ARTICLE 2. DEFINITIONS. 2
10399
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.
100+ AS USED IN THIS COMPACT, AND EXCEPT AS OTHERW ISE PROVIDED, THE 3
101+FOLLOWING DEFINITION S SHALL GOVERN THE TERMS HEREIN : 4
109102
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 AGENCY RESPONSIBLE
114-FOR RETAINING STATE CRIMINAL OR DIS CIPLINARY HISTORY IN THE APPLICANT ’S
115-HOME STATE.
103+ A. “ACTIVE MILITARY MEMBER” MEANS ANY INDIVIDUAL WITH 5
104+FULL–TIME DUTY STATUS IN THE ARMED FORCES OF THE UNITED STATES, 6
105+INCLUDING MEMBERS OF THE NATIONAL GUARD AND RESERVE. 7
116106
117- F. “CHARTER MEMBER STATE” MEANS MEMBER STATES WHO HAVE
118-ENACTED LEGISLATION TO ADOPT THIS COMPACT WHERE SUCH LE GISLATION
119-PREDATES THE EFFECTI VE DATE OF THIS COMPACT AS DEFINED IN ARTICLE 13.
107+ B. “ADVERSE ACTION” MEANS ANY ADMINISTRA TIVE, CIVIL, EQUITABLE, 8
108+OR CRIMINAL ACTION PE RMITTED BY A MEMBER STATE’S LAWS WHICH IS IMPO SED 9
109+BY A STATE LICENSING AUTHORITY OR OTHER RE GULATORY BODY AGAINS T A 10
110+COSMETOLOGIST , INCLUDING ACTIONS AG AINST AN INDIVIDUAL ’S LICENSE OR 11
111+AUTHORIZATION TO PRACTICE SUCH AS REVO CATION, SUSPENSION, PROBATION, 12
112+MONITORING OF THE LICENSEE, LIMITATION OF THE LICENSEE’S PRACTICE, OR ANY 13
113+OTHER ENCUMBRANCE ON A LICE NSE AFFECTING AN IND IVIDUAL’S ABILITY TO 14
114+PARTICIPATE IN THE COSMETOLOGY INDUSTRY , INCLUDING THE ISSUAN CE OF A 15
115+CEASE AND DESIST ORD ER. 16
120116
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.
117+ C. “ALTERNATIVE PROGRAM” MEANS A NON–DISCIPLINARY MONITOR ING 17
118+OR PROSECUTORIAL DIV ERSION PROGRAM APPRO VED BY A MEMBER STATE’S 18
119+STATE LICENSING AUTHORITY. 19
126120
127- H. “COSMETOLOGIST ” MEANS AN INDIVIDUAL LICENSED IN THEIR HOME
128-STATE TO PRACTICE COSMETOLOGY .
121+ D. “AUTHORIZATION TO PRACTICE” MEANS A LEGAL AUTHOR IZATION 20
122+ASSOCIATED WITH A MULTISTATE LICENSE PERMITT ING THE PRACTICE OF 21
123+COSMETOLOGY IN THAT REMOTE STATE, WHICH SHALL BE SUBJE CT TO THE 22
124+ENFORCEMENT JURISDIC TION OF THE STATE LICENSING AUTHORITY IN THAT 23
125+REMOTE STATE. 24
129126
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.
127+ E. “BACKGROUND CHECK” MEANS THE SUBMISSION OF INFORMATION 25
128+FOR AN APPLICANT FOR THE PURPOSE OF OBTAINING THAT AP PLICANT’S CRIMINAL 26
129+HISTORY RECORD INFOR MATION, AS FURTHER DEFINED I N 28 C.F.R. § 20.3(D), 27
130+FROM THE FEDERAL BUREAU OF INVESTIGATION AND THE AGENCY RESPONSIBLE 28
131+FOR RETAINING STATE CRIMINAL OR DIS CIPLINARY HISTORY IN THE APPLICANT ’S 29
132+HOME STATE. 30
134133
135- J. “CURRENT SIGNIFICANT INVESTIGATIVE INFORMATION ” MEANS:
136- Ch. 329 2024 LAWS OF MARYLAND
134+ F. “CHARTER MEMBER STATE” MEANS MEMBER STATES WHO HAVE 31
135+ENACTED LEGISLATION TO ADOPT THIS COMPACT WHERE SUCH LE GISLATION 32
136+PREDATES THE EFFECTI VE DATE OF THIS COMPACT AS DEFINED IN ARTICLE 13. 33
137137
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
138+ G. “COMMISSION” MEANS THE GOVERNMENT AGENCY WHOSE 34 4 SENATE BILL 27
144139
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 OPPOR TUNITY TO RESPOND .
149140
150- K. “DATA SYSTEM” MEANS A REPOSITORY O F INFORMATION ABOUT
151-LICENSEES, INCLUDING LICENSE ST ATUS, INVESTIGATIVE INFORMATION , AND
152-ADVERSE ACTIONS.
141+MEMBERSHIP CONSISTS OF AL L STATES THAT HAVE ENAC TED THIS COMPACT, 1
142+WHICH IS KNOWN AS TH E COSMETOLOGY LICENSURE COMPACT COMMISSION, AS 2
143+DEFINED IN ARTICLE 9, AND WHICH SHALL OPER ATE AS AN INSTRUMENT ALITY OF 3
144+THE MEMBER STATES. 4
153145
154- L. “DISQUALIFYING EVENT” MEANS ANY EVENT WHIC H SHALL
155-DISQUALIFY AN IND IVIDUAL FROM HOLDING A MULTISTATE LICENSE UNDER THIS
156-COMPACT, WHICH THE COMMISSION MAY BY RULE OR ORDER SPECIFY .
146+ H. “COSMETOLOGIST ” MEANS AN INDIVIDU AL LICENSED IN THEIR HOME 5
147+STATE TO PRACTICE COSMETOLOGY . 6
157148
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.
149+ I. “COSMETOLOGY ”, “COSMETOLOGY SERVICES”, AND THE “PRACTICE 7
150+OF COSMETOLOGY ” MEAN THE CARE AND SE RVICES PROVIDED BY A 8
151+COSMETOLOGIST AS SET FORTH IN THE MEMBER STATE’S STATUTES AND 9
152+REGULATIONS IN THE STATE WHERE THE SERVI CES ARE BEING PROVID ED. 10
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+ J. “CURRENT SIGNIFICANT INVESTIGATIVE INFORMATION ” MEANS: 11
165155
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.
156+ 1. INVESTIGATIVE INFORMATION THAT A STATE LICENSING 12
157+AUTHORITY, AFTER AN INQUIRY OR INVESTIGATION THAT C OMPLIES WITH A 13
158+MEMBER STATE’S DUE PROCESS REQUIREMENTS , HAS REASON TO BELIEV E IS NOT 14
159+GROUNDLESS AND , IF PROVED TRUE , WOULD INDICATE A VIO LATION OF THAT 15
160+STATE’S LAWS REGARDING FRA UD OR THE PRACTICE OF COSMETOLOGY ; OR 16
169161
170- P. “HOME STATE” MEANS THE MEMBER STATE WHICH IS A LICENSEE’S
171-PRIMARY STATE OF RESIDENCE AN D WHERE THAT LICENSEE HOLDS AN ACT IVE AND
172-UNENCUMBERED LICENS E TO PRACTICE COSMETOLOGY .
162+ 2. INVESTIGATIVE INFORMATION THAT INDI CATES THAT A 17
163+LICENSEE HAS ENGAGED IN FRAUD OR REPRESENTS AN I MMEDIATE THREAT TO 18
164+PUBLIC HEALTH AND SA FETY, REGARDLESS OF WHETHE R THE LICENSEE HAS BEEN 19
165+NOTIFIED AND HAD AN OPPORTUNITY TO RESPO ND. 20
173166
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.
167+ K. “DATA SYSTEM” MEANS A REPOSITORY O F INFORMATION ABOUT 21
168+LICENSEES, INCLUDING LICENSE ST ATUS, INVESTIGATIVE INFORMATION , AND 22
169+ADVERSE ACTIONS. 23
177170
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. 329
171+ L. “DISQUALIFYING EVENT” MEANS ANY EVENT WHIC H SHALL 24
172+DISQUALIFY AN INDIVI DUAL FROM HOLDING A MULTISTATE LICENSE UNDER THIS 25
173+COMPACT, WHICH THE COMMISSION MAY BY RULE OR ORDER SPECIFY . 26
181174
182-– 5 –
175+ M. “ENCUMBERED LICENSE” MEANS A LICENSE IN WHIC H AN ADVERSE 27
176+ACTION RESTRICTS THE PRACTICE OF COSMETOLOGY BY A LICENSEE, OR WHERE 28
177+SAID ADVERSE ACTION HAS BEEN REPOR TED TO THE COMMISSION. 29
183178
184- S. “LICENSEE” MEANS AN INDIVIDUAL WHO CURRENTLY HOLDS A LICENSE
185-FROM A MEMBER STATE TO PRACTICE AS A COSMETOLOGIST .
179+ N. “ENCUMBRANCE ” MEANS A REVOCATION O R SUSPENSION OF , OR ANY 30
180+LIMITATION ON, THE FULL AND UNREST RICTED PRACTICE OF COSMETOLOGY BY A 31
181+STATE LICENSING AUTHORITY. 32
186182
187- T. “MEMBER STATE” MEANS ANY STATE THAT HAS ADOPTE D THIS
188-COMPACT.
183+ O. “EXECUTIVE COMMITTEE” MEANS A GROUP OF DEL EGATES ELECTED 33 SENATE BILL 27 5
189184
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 TH IS COMPACT.
195185
196- V. “REMOTE STATE” MEANS ANY MEMBER STATE, OTHER THAN THE
197-LICENSEE’S HOME STATE.
186+OR APPOINTED TO ACT ON BEHALF OF AND WIT HIN THE POWERS GRANT ED TO THEM 1
187+BY THE COMMISSION. 2
198188
199- W. “RULE” MEANS ANY RULE OR RE GULATION PROMUL GATED BY THE
200-COMMISSION UNDER THIS COMPACT THAT HAS THE FORCE OF LAW.
189+ P. “HOME STATE” MEANS THE MEMBER STATE WHICH IS A LICENSEE’S 3
190+PRIMARY STATE OF RESIDENCE AN D WHERE THAT LICENSEE HOLDS AN ACT IVE AND 4
191+UNENCUMBERED LICENSE TO PRACTICE COSMETOLOGY . 5
201192
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 AUTHO RIZATION OUTSIDE
205-OF THE ISSUING STATE.
193+ Q. “INVESTIGATIVE INFORMATION ” MEANS INFORMATION , RECORDS, OR 6
194+DOCUMENTS RECEIVED O R GENERATED BY A STATE LICENSING AUTHORITY 7
195+PURSUANT TO AN INVES TIGATION OR OTHER IN QUIRY. 8
206196
207- Y. “STATE” MEANS A STATE, TERRITORY, OR POSSESSION OF THE UNITED
208-STATES AND THE DISTRICT OF COLUMBIA.
197+ R. “JURISPRUDENCE REQUIREMENT ” MEANS THE ASSESSMENT OF AN 9
198+INDIVIDUAL’S KNOWLEDGE OF THE L AWS AND RULES GOVERN ING THE PRACTICE OF 10
199+COSMETOLOGY IN A STATE. 11
209200
210- Z. “STATE LICENSING AUTHORITY” MEANS A MEMBER STATE’S
211-REGULATORY BODY RESP ONSIBLE FOR ISSUING COSMETOLOGY LIC ENSES OR
212-OTHERWISE OVERSEEING THE PRACTICE OF COSMETOLOGY IN THAT STATE.
201+ S. “LICENSEE” MEANS AN INDIVIDUAL WHO CURRENTLY HOLDS A LI CENSE 12
202+FROM A MEMBER STATE TO PRACTICE AS A COSMETOLOGIST . 13
213203
214-ARTICLE 3. MEMBER STATE REQUIREMENTS .
204+ T. “MEMBER STATE” MEANS ANY STATE THAT HAS ADOPTE D THIS 14
205+COMPACT. 15
215206
216- A. TO BE ELIGIBLE TO JOI N THIS COMPACT, AND TO MAINTAIN
217-ELIGIBILITY AS A MEMBER STATE, A STATE MUST:
207+ U. “MULTISTATE LICENSE” MEANS A LICENSE ISSU ED BY AND SUBJECT TO 16
208+THE ENFORCEMENT JURI SDICTION OF THE STATE LICENSING AUTHORITY IN A 17
209+LICENSEE’S HOME STATE, WHICH AUTHORIZES THE PRACTICE OF COSMETOLOGY 18
210+IN MEMBER STATES AND INCLUDES AUTHORIZATIONS TO PRACTICE 19
211+COSMETOLOGY IN ALL REMOTE STATES PURSUANT TO TH IS COMPACT. 20
218212
219- 1. LICENSE AND REGULATE COSMETOLOGY ;
213+ V. “REMOTE STATE” MEANS ANY MEMBER STATE, OTHER THAN THE 21
214+LICENSEE’S HOME STATE. 22
220215
221- 2. HAVE A MECHANISM OR E NTITY IN PLACE TO RE CEIVE AND
222-INVESTIGATE COMPLAIN TS ABOUT LICENSEES PRACTICING IN THAT STATE;
216+ W. “RULE” MEANS ANY RULE OR RE GULATION PROMULGATED BY THE 23
217+COMMISSION UNDER THIS COMPACT THAT HAS THE FORCE OF LAW. 24
223218
224- 3. REQUIRE THAT LICENSEES WITHIN THE STATE PASS A
225-COSMETOLOGY COMPETENC Y EXAMINATION PRIOR TO BEING LICENSED TO Ch. 329 2024 LAWS OF MARYLAND
219+ X. “SINGLE–STATE LICENSE” MEANS A COSMETOLOGY LICENSE I SSUED 25
220+BY A MEMBER STATE THAT AUTHORIZES THE PRACTICE OF COSMETOLOGY ONLY 26
221+WITHIN THE ISSUING STATE AND DOES NOT IN CLUDE ANY AUTHORIZAT ION OUTSIDE 27
222+OF THE ISSUING STATE. 28
226223
227-– 6 –
228-PROVIDE COSMETOLO GY SERVICES TO THE PUBLI C IN THAT STATE;
224+ Y. “STATE” MEANS A STATE, TERRITORY, OR POSSESSION OF THE UNITED 29
225+STATES AND THE DISTRICT OF COLUMBIA. 30
229226
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;
227+ Z. “STATE LICENSING AUTHORITY” MEANS A MEMBER STATE’S 31
228+REGULATORY BODY RESP ONSIBLE FOR ISSUING COSMETOLOGY LICENSES OR 32 6 SENATE BILL 27
233229
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 I NCLUDE THE SUBMISSIO N OF INFORMATION BY
238-APPLICANTS FOR THE PURPOSE OF O BTAINING AN APPLICAN T’S BACKGROUND
239-CHECK AS DEFINED HERE IN;
240230
241- 6. PARTICIPATE IN THE DATA SYSTEM, INCLUDING THROUGH TH E
242-USE OF UNIQUE IDENTI FYING NUMBERS ;
231+OTHERWISE OVERSEEING THE PRACTICE OF COSMETOLOGY IN THAT STATE. 1
243232
244- 7. SHARE INFORMATION REL ATED TO ADVERSE ACTIONS WITH THE
245-COMMISSION AND OTHE R MEMBER STATES, BOTH THROUGH THE DATA SYSTEM
246-AND OTHERWISE ;
233+ARTICLE 3. MEMBER STATE REQUIREMENTS . 2
247234
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;
235+ A. TO BE ELIGIBLE TO JOI N THIS COMPACT, AND TO MAINTAIN 3
236+ELIGIBILITY AS A MEMBER STATE, A STATE MUST: 4
253237
254- 9. COMPLY WITH SUCH RULES AS MAY BE ENACT ED BY THE
255-COMMISSION TO ADMINIS TER THE COMPACT; AND
238+ 1. LICENSE AND REGULATE COSMETOLOGY ; 5
256239
257- 10. ACCEPT LICENSEES FROM OTHER MEMBER STATES AS
258-ESTABLISHED HEREIN.
240+ 2. HAVE A MECHANISM OR E NTITY IN PLACE TO RE CEIVE AND 6
241+INVESTIGATE COMPL AINTS ABOUT LICENSEES PRACTICING IN THAT STATE; 7
259242
260- B. MEMBER STATES MAY CHARGE A F EE FOR GRANTING A LI CENSE TO
261-PRACTICE COSMETOLOGY .
243+ 3. REQUIRE THAT LICENSEES WITHIN THE STATE PASS A 8
244+COSMETOLOGY COMPETENC Y EXAMINATION PRIOR TO BEING LICENSED TO 9
245+PROVIDE COSMETOLOGY SERVICES TO THE PUBLI C IN THAT STATE; 10
262246
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 GRANTING
267-A MULTISTATE LICENSE TO PROVIDE SE RVICES IN ANY OTHER MEMBER STATE.
247+ 4. REQUIRE THAT LICENSEES SATISFY EDU CATIONAL OR TRAINING 11
248+REQUIREMENTS IN COSMETOLOGY PRIOR TO BEING LICENSED TO PR OVIDE 12
249+COSMETOLOGY SERVICES TO THE PUBLI C IN THAT STATE; 13
268250
269- D. NOTHING IN THIS COMPACT SHALL AFFECT THE REQUIREMENTS WES MOORE, Governor Ch. 329
251+ 5. IMPLEMENT PROCEDURES FOR CONSIDERING ONE OR MORE OF 14
252+THE FOLLOWING CATEGO RIES OF I NFORMATION FROM APPL ICANTS FOR 15
253+LICENSURE: CRIMINAL HISTORY ; DISCIPLINARY HISTORY ; OR BACKGROUND 16
254+CHECK. SUCH PROCEDURES MAY I NCLUDE THE SUBMISSIO N OF INFORMATION BY 17
255+APPLICANTS FOR THE P URPOSE OF OBTAINING AN APPLICANT ’S BACKGROUND 18
256+CHECK AS DEFINED HERE IN; 19
270257
271-– 7 –
272-ESTABLISHED BY A MEMBER STATE FOR THE ISSUANC E OF A SINGLE–STATE
273-LICENSE.
258+ 6. PARTICIPATE IN THE DATA SYSTEM, INCLUDING THROUGH TH E 20
259+USE OF UNIQUE IDENTI FYING NUMBERS ; 21
274260
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.
261+ 7. SHARE INFORMATION REL ATED TO ADVERSE ACTIONS WITH THE 22
262+COMMISSION AND OTHER MEMBER STATES, BOTH THROUGH THE DATA SYSTEM 23
263+AND OTHERWISE ; 24
278264
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 .
265+ 8. NOTIFY THE COMMISSION AND OTHER MEMBER STATES, IN 25
266+COMPLIANCE WITH THE TERMS OF THE COMPACT AND RULES OF THE COMMISSION, 26
267+OF THE EXISTENCE OF INVESTIGATIVE INFORMATION OR CURRENT SIGNIFICANT 27
268+INVESTIGATIVE INFORMATION IN THE STATE’S POSSESSION REGARDI NG A 28
269+LICENSEE PRACTICING IN THAT STATE; 29
283270
284-ARTICLE 4. MULTISTATE LICENSE.
271+ 9. COMPLY WITH SUCH RULES AS MAY BE ENACT ED BY THE 30
272+COMMISSION TO ADMINIS TER THE COMPACT; AND 31
273+ SENATE BILL 27 7
285274
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.
290275
291- B. UPON THE RECEIPT OF AN APPLICA TION 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.
276+ 10. ACCEPT LICENSEES FROM OTHER MEMBER STATES AS 1
277+ESTABLISHED HEREIN . 2
295278
296- C. IF AN APPLICANT MEETS THE RE QUIREMENTS 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.
279+ B. MEMBER STATES MAY CHARGE A F EE FOR GRANTING A LI CENSE TO 3
280+PRACTICE COSMETOLOGY . 4
302281
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 THAT
306-LICENSEE HELD A SINGLE–STATE LICENSE TO DO SO IN E ACH MEMBER STATE,
307-SUBJECT TO THE RESTR ICTIONS HEREIN.
282+ C. INDIVIDUALS NOT RESID ING IN A MEMBER STATE SHALL CONTINUE TO 5
283+BE ABLE TO APPLY FOR A MEMBER STATE’S SINGLE–STATE LICENSE AS PROVIDED 6
284+UNDER THE LAWS OF EA CH MEMBER STATE. HOWEVER, THE SINGLE–STATE 7
285+LICENSE GRANTED TO TH ESE INDIVIDUALS MAY NOT BE RECOGNIZED AS GRA NTING 8
286+A MULTISTATE LICENSE TO PROVIDE SE RVICES IN ANY OTHER MEMBER STATE. 9
308287
309- E. A MULTISTATE LICENSE GRANTED PURSU ANT TO THIS COMPACT MAY
310-BE EFFECTIVE FOR A D EFINITE PERIOD OF TI ME, CONCURRENT WITH THE
311-LICENSURE RE NEWAL PERIOD IN THE HOME STATE.
288+ D. NOTHING IN THIS COMPACT SHALL AFFECT THE REQUIREMENTS 10
289+ESTABLISHED BY A MEMBER STATE FOR THE ISSUANC E OF A SINGLE–STATE 11
290+LICENSE. 12
312291
313- F. TO MAINTAIN A MULTISTATE LICENSE UNDER THIS COMPACT, A
314-LICENSEE SHALL : Ch. 329 2024 LAWS OF MARYLAND
292+ E. A MULTISTATE LICENSE ISSUED TO A LICENSEE BY A HOME STATE TO 13
293+A RESIDENT OF THAT STATE SHALL BE RECOGN IZED BY EACH MEMBER STATE AS 14
294+AUTHORIZING A LICENSEE TO PRACTICE COSMETOLOGY IN EACH MEMBER STATE. 15
315295
316-– 8 –
296+ F. AT NO POINT SHALL THE COMMISSION HAVE THE P OWER TO D EFINE 16
297+THE EDUCATIONAL OR P ROFESSIONAL REQUIREM ENTS FOR A LICENSE T O 17
298+PRACTICE COSMETOLOGY . THE MEMBER STATES SHALL RETAIN S OLE 18
299+JURISDICTION OVER TH E PROVISION OF THESE REQUIREMENTS . 19
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+ARTICLE 4. MULTISTATE LICENSE. 20
322302
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
303+ A. TO BE ELIGIBLE TO APP LY TO THEIR HOME STATE’S STATE LICENSING 21
304+AUTHORITY FOR AN INIT IAL MULTISTATE LICENSE UNDER THIS COMPACT, A 22
305+LICENSEE MUST HOLD AN ACTIVE AND UNENCUMBE RED SINGLE–STATE LICENSE 23
306+TO PRACTICE COSMETOLOGY IN THEIR HOME STATE. 24
326307
327- 3. COMPLY WITH ANY AND A LL OTHER REQUIREMENT S REGARDING
328-MULTISTATE LICENSES WHICH THE COMMISSION MAY BY RULE PROVIDE.
308+ B. UPON THE RECEIPT OF A N APPLICATION FOR A MULTISTATE LICENSE, 25
309+ACCORDING TO THE RULES OF THE COMMISSION, A MEMBER STATE’S STATE 26
310+LICENSING AUTHORITY SHALL ASCER TAIN WHETHER THE APP LICANT MEETS THE 27
311+REQUIREMENTS FOR A MULTISTATE LICENSE UNDER THIS COMPACT. 28
329312
330- G. A LICENSEE PRACTICING IN A MEMBER STATE IS SUBJECT TO A LL
331-SCOPE OF PRACTICE LA WS GOVERNING COSMETOLOGY SERVICES IN THAT STATE.
313+ C. IF AN APPLICANT MEETS THE REQUIREMENTS FOR A MULTISTATE 29
314+LICENSE UNDER THIS COMPACT AND ANY APPLI CABLE RULES OF THE 30
315+COMMISSION, THE STATE LICENSING AUTHORITY IN RECEIPT OF THE APPLICATION 31
316+SHALL, WITHIN A REASONABLE TIME, GRANT A MULTISTATE LICENSE TO THAT 32
317+APPLICANT, AND INFORM ALL MEMBER STATES OF THE GRANT OF SAID 33
318+MULTISTATE LICENSE. 34 8 SENATE BILL 27
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.
339321
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.
322+ D. A MULTISTATE LICENSE TO PRACTICE COSMETOLOGY ISSUED BY A 1
323+MEMBER STATE’S STATE LICENSING AUTHORITY SHALL BE RE COGNIZED BY EACH 2
324+MEMBER STATE AS AUTHORIZING THE PRACTICE THEREOF AS THOUGH THAT 3
325+LICENSEE HELD A SINGLE–STATE LICENSE TO DO SO IN E ACH MEMBER STATE, 4
326+SUBJECT TO THE RESTR ICTIONS HEREIN. 5
342327
343- B. IF A LICENSEE CHANGES THEI R HOME STATE BY MOVING BETWE EN
344-TWO MEMBER STATES:
328+ E. A MULTISTATE LICENSE GRANTED PURSU ANT TO THIS COMPACT MAY 6
329+BE EFFECTIVE FOR A D EFINITE PERIOD OF TI ME, CONCURRENT WITH THE 7
330+LICENSURE RENEWAL PE RIOD IN THE HOME STATE. 8
345331
346- 1. THE LICENSEE SHALL IMMEDI ATELY APPLY FOR THE
347-REISSUANCE OF THEIR MULTISTATE LICENSE IN THEIR NEW HOME STATE. THE
348-LICENSEE SHALL PAY AL L APPLICABLE FEES AN D NOTIFY THE PRIOR HOME STATE
349-IN ACCORDANCE WITH T HE RULES OF THE COMMISSION.
332+ F. TO MAINTAIN A MULTISTATE LICENSE UNDER T HIS COMPACT, A 9
333+LICENSEE SHALL : 10
350334
351- 2. UPON RECEIPT OF AN AP PLICATION TO REISSUE A MULTISTATE
352-LICENSE, THE NEW HOME STATE SHALL VERIFY TH AT 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. 329
335+ 1. AGREE TO ABIDE BY THE RULES OF THE STATE LICENSING 11
336+AUTHORITY, AND THE STATE SCOPE OF PRACTI CE LAWS GOVERNING TH E PRACTICE 12
337+OF COSMETOLOGY , OF ANY MEMBER STATE IN WHICH THE LICENSEE PROVIDES 13
338+SERVICES; 14
359339
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 N EW
364-HOME STATE.
340+ 2. PAY ALL REQUIR ED FEES RELATED TO T HE APPLICATION AND 15
341+PROCESS AND ANY OTHE R FEES WHICH THE COMMISSION MAY BY RULE REQUIRE; 16
342+AND 17
365343
366- 4. NOTWITHSTANDING ANY O THER PROVISION OF TH IS COMPACT, IF
367-A LICENSEE DOES NOT MEE T THE REQUIREMENTS S ET 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.
344+ 3. COMPLY WITH ANY AND A LL OTHER REQUIREMENT S REGARDING 18
345+MULTISTATE LICENSES WHICH THE COMMISSION MAY BY RULE PROVIDE. 19
371346
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.
347+ G. A LICENSEE PRACT ICING IN A MEMBER STATE IS SUBJECT TO A LL 20
348+SCOPE OF PRACTICE LA WS GOVERNING COSMETOLOGY SERVICES IN THAT STATE. 21
377349
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 FOR
380-THE PURPOSES OF THIS COMPACT, A LICENSEE SHALL HAVE O NLY ONE HOME
381-STATE AND ONLY ONE MULTISTATE LICENSE.
350+ H. THE PRACTICE OF COSMETOLOGY UNDER A MULTISTATE LICENSE 22
351+GRANTED PURSUANT TO THIS COMPACT SHALL SUBJECT THE LICENSEE TO THE 23
352+JURISDICTION OF T HE STATE LICENSING AUTHORITY, THE COURTS, AND THE LAWS 24
353+OF THE MEMBER STATE IN WHICH THE COSMETOLOGY SERVICES ARE PROVIDED . 25
382354
383- E. NOTHING IN THIS COMPACT MAY INTERFERE WITH THE REQUIREMENT S
384-ESTABLISHED BY A MEMBER STATE FOR THE ISSUANC E OF A SINGLE–STATE
385-LICENSE.
355+ARTICLE 5. REISSUANCE OF A MULTISTATE LICENSE BY A NEW HOME STATE. 26
386356
387-ARTICLE 6. AUTHORITY OF THE COMPACT COMMISSION AND MEMBER STATE
388-LICENSING AUTHORITIES.
357+ A. A LICENSEE MAY HOLD A MULTISTATE LICENSE, ISSUED BY THEIR 27
358+HOME STATE, IN ONLY ONE MEMBER STATE AT ANY GIVEN TI ME. 28
389359
390- A. NOTHING IN THIS COMPACT, NOR ANY RULE OR REGULATION OF THE
391-COMMISSION, MAY BE CONSTRUED TO LIMIT, 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 INCONSISTENT WITH THE
395-PROVISIONS OF THIS COMPACT.
360+ B. IF A LICENSEE CHANGES THEI R HOME STATE BY MOVING BETWE EN 29
361+TWO MEMBER STATES: 30
396362
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 THIS COMPACT.
363+ 1. THE LICENSEE SHALL IMMEDI ATELY APPLY FOR THE 31 SENATE BILL 27 9
401364
402- C. DISCIPLINE SHALL BE T HE SOLE RESPONSIBILITY OF THE STATE IN
403-WHICH COSMETOLOGY SERVICES ARE PROVIDED . ACCORDINGLY , EACH MEMBER Ch. 329 2024 LAWS OF MARYLAND
404365
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 ALL 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 TH E COMMISSION MAY BY RULE
411-REQUIRE.
366+REISSUANCE OF THEIR MULTISTATE LICENSE IN THEIR NEW HOME STATE. THE 1
367+LICENSEE SHALL PAY AL L APPLICABLE FEES AN D NOTIFY THE PRIOR HOME STATE 2
368+IN ACCORDANCE WITH T HE RULES OF THE COMMISSION. 3
412369
413-ARTICLE 7. ADVERSE ACTIONS.
370+ 2. UPON RECEIPT OF AN AP PLICATION TO REISSUE A MULTISTATE 4
371+LICENSE, THE NEW HOME STATE SHALL VERIFY TH AT THE MULTISTATE LICENSE 5
372+IS ACTIVE, UNENCUMBERED , AND ELIGIBLE FOR REI SSUANCE UNDER THE TE RMS OF 6
373+THE COMPACT AND THE RULES OF THE COMMISSION. THE MULTISTATE LICENSE 7
374+ISSUED BY THE PRIOR HOME STATE WILL BE DEACTIV ATED AND ALL MEMBER 8
375+STATES NOTIFIED IN AC CORDANCE WITH THE AP PLICABLE RULES ADOPTED BY THE 9
376+COMMISSION. 10
414377
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.
378+ 3. IF REQUIRED FOR INITI AL LICENSURE , THE NEW HOME STATE 11
379+MAY REQUIRE A BACKGROUND CHECK AS SPECIFIED IN THE LAWS OF THAT STATE 12
380+OR THE COMPLIANCE WI TH ANY JURISPRUDENCE REQUIREMENTS OF THE N EW 13
381+HOME STATE. 14
418382
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.
383+ 4. NOTWITHSTANDING ANY O THER PROVISION OF TH IS COMPACT, IF 15
384+A LICENSEE DOES NOT MEE T THE REQUIREMENTS S ET FORTH IN THIS COMPACT 16
385+FOR THE REISSUANCE O F A MULTISTATE LICENSE BY THE NEW HOME STATE, THEN 17
386+THE LICENSEE SHALL BE SUB JECT TO THE NEW HOME STATE REQUIREME NTS FOR 18
387+THE ISSUANCE OF A SINGLE–STATE LICENSE IN THAT STATE. 19
422388
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 :
389+ C. IF A LICENSEE CHANGES THEI R PRIMARY STATE OF RESIDENCE BY 20
390+MOVING FROM A MEMBER STATE TO A NON –MEMBER STATE, OR FROM A 21
391+NON–MEMBER STATE TO A MEMBER STATE, THEN THE LICENSEE SHALL BE 22
392+SUBJECT TO THE STATE REQUIREMENTS FO R THE ISSUANCE OF A SINGLE–STATE 23
393+LICENSE IN THE NEW HOME STATE. 24
425394
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 :
395+ D. NOTHING IN THIS COMPACT SHALL INTERFE RE WITH A LICENSEE’S 25
396+ABILITY TO HOLD A SINGLE–STATE LICENSE IN MULTIPLE STATES; HOWEVER FOR 26
397+THE PURPOSES OF THIS COMPACT, A LICENSEE SHALL HAVE O NLY ONE HOME 27
398+STATE AND ONLY ONE MULTISTATE LICENSE. 28
429399
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
400+ E. NOTHING IN THIS COMPACT MAY INTERFERE WITH THE REQUIREMENT S 29
401+ESTABLISHED BY A MEMBER STATE FOR THE ISSUANC E OF A SINGLE–STATE 30
402+LICENSE. 31
433403
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 RECEIVED 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 .
404+ARTICLE 6. AUTHORITY OF THE COMPACT COMMISSION AND MEMBER STATE 32
405+LICENSING AUTHORITIES. 33
440406
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.
407+ A. NOTHING IN THIS COMPACT, NOR ANY RULE OR REGULATION OF THE 34
408+COMMISSION, MAY BE CONSTRUED TO LIMIT, RESTRICT, OR IN ANY WAY REDUCE 35 10 SENATE BILL 27
443409
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. 329
448410
449-– 11 –
450-DESCRIBED HEREIN .
411+THE ABILITY OF A MEMBER STATE TO ENACT AND EN FORCE LAWS, REGULATIONS , 1
412+OR OTHER RULES RELATE D TO THE PRACTICE OF COSMETOLOGY IN THAT STATE, 2
413+IF THOSE LAWS, REGULATIONS , OR OTHER RULES ARE N OT INCONSISTENT WITH THE 3
414+PROVISIONS OF THIS COMPACT. 4
451415
452- 4. ISSUE SUBPOENAS FO R BOTH HEARINGS AND INVESTIGATIONS
453-THAT REQUIRE THE ATT ENDANCE AND TESTIMON Y OF WITNESSES, AS WELL AS THE
454-PRODUCTION OF EVIDEN CE. SUBPOENAS ISSUED 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 REQUI RED BY THE SERVICE S TATUTES OF THE STATE IN
462-WHICH THE WITNESSES OR EVIDENCE ARE LOCA TED.
416+ B. INSOFAR AS PRACTICAL , A MEMBER STATE’S STATE LICENSING 5
417+AUTHORITY SHALL COOPE RATE WITH THE COMMISSION AND WITH E ACH ENTITY 6
418+EXERCISING INDEPENDE NT REGULATORY AUTHOR ITY OVER THE PRACTICE OF 7
419+COSMETOLOGY ACCORDING TO THE PROVISIONS OF THIS COMPACT. 8
463420
464- 5. IF OTHERWISE PERMITTE D BY STATE LAW, RECOVER FROM THE
465-AFFECTED LICENSEE THE COSTS OF INVESTIGA TIONS AND DISPOSITIO N OF CASES
466-RESULTING FROM ANY ADVERSE ACTION TAKEN AGAINST THAT LICENSEE.
421+ C. DISCIPLINE SHALL BE T HE SOLE RESPONSIBILI TY OF THE STATE IN 9
422+WHICH COSMETOLOGY SERVICES ARE PROVIDED . ACCORDINGLY , EACH MEMBER 10
423+STATE’S STATE LICENSING AUTHORITY SHALL BE RE SPONSIBLE FOR RECEIV ING 11
424+COMPLAINTS ABOUT IND IVIDUALS PRACTICING COSMETOLOGY IN THAT STATE AND 12
425+FOR COMMUNICATING AL L RELEVANT INVESTIGATIVE INFORMATION ABOUT ANY 13
426+SUCH ADVERSE ACTION TO THE OTHER MEMBER STATES THROUGH THE DATA 14
427+SYSTEM IN ADDITION TO ANY OTHER METHODS TH E COMMISSION MAY BY RULE 15
428+REQUIRE. 16
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+ARTICLE 7. ADVERSE ACTIONS. 17
471431
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.
432+ A. A LICENSEE’S HOME STATE SHALL HAVE EXCL USIVE POWER TO IMPOS E 18
433+AN ADVERSE ACTION AGAINST A LICENSEE’S MULTISTATE LICENSE ISSUED BY THE 19
434+HOME STATE. 20
477435
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 DEAC TIVATED IN ALL
485-MEMBER STATES DURING THE PEN DENCY OF THE ORDER .
436+ B. A HOME STATE MAY TAKE ADVERSE ACTION ON A MULTISTATE 21
437+LICENSE BASED ON THE INVESTIGATIVE INFORMATION , CURRENT SIGNIFICANT 22
438+INVESTIGATIVE INFORMATION , OR ADVERSE ACTION OF A REMOTE STATE. 23
486439
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. 329 2024 LAWS OF MARYLAND
440+ C. IN ADDITION TO THE POWE RS CONFERRED BY STATE LAW, EACH 24
441+REMOTE STATE’S STATE LICENSING AUTHORITY SHALL HAVE THE POWER TO : 25
493442
494-– 12 –
495- G. JOINT INVESTIGATIONS .
443+ 1. TAKE ADVERSE ACTION AGAINST A LICENSEE’S AUTHORIZATION 26
444+TO PRACTICE COSMETOLOGY THROUGH T HE MULTISTATE LICENSE IN THAT 27
445+MEMBER STATE, PROVIDED THAT : 28
496446
497- 1. IN ADDITION TO THE AU THORITY GRANTED TO A MEMBER STATE
498-BY ITS RESPECTIVE SC OPE OF PRACTICE LAWS OR OTHER APPLICABLE STATE LAW,
499-A MEMBER STATE MAY PARTICIPATE WITH OTHER MEMBER STATES IN JOINT
500-INVESTIGATIONS OF LICENSEES.
447+ A. ONLY THE LICENSEE’S HOME STATE SHALL HAVE THE 29
448+POWER TO TAKE ADVERSE ACTION AGAINST THE MULTISTATE LICENSE ISSUED BY 30
449+THE HOME STATE; AND 31
501450
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 INITIA TED UNDER THE COMPACT.
451+ B. FOR THE PURPOSES OF T AKING ADVERSE ACTION, THE 32
452+HOME STATE’S STATE LICENSING AUTHORITY SHALL GIVE THE SAME PRIORITY 33
453+AND EFFECT TO REPORT ED CONDUCT RECEIVED FROM A REMOTE STATE AS IT 34 SENATE BILL 27 11
505454
506-ARTICLE 8. ACTIVE MILITARY MEMBERS AND THEIR SPOUSES.
507455
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 INDIVIDUAL MAY RE TAIN 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.
456+WOULD IF THE CONDUCT HAD OCCURRED WITHIN THE HOME STATE. IN SO DOING, 1
457+THE HOME STATE SHALL APPLY ITS OWN STATE LAWS TO DETERMI NE THE 2
458+APPROPRIATE ACTION . 3
513459
514-ARTICLE 9. ESTABLISHMENT AND OPERATION OF THE COSMETOLOGY LICENSURE
515-COMPACT COMMISSION.
460+ 2. ISSUE CEASE AND DESIST ORDERS OR IMPOSE AN ENCUMBRANCE 4
461+ON A LICENSEE’S AUTHORIZATION TO PRACTICE WITHIN THAT MEMBER STATE. 5
516462
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 INST RUMENTALITY
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.
463+ 3. COMPLETE ANY PENDING INVESTIGATIONS OF A LICENSEE WHO 6
464+CHANGES THEIR PRIMAR Y STATE OF RESIDENCE DU RING THE COURSE OF S UCH AN 7
465+INVESTIGATION. THE STATE LICENSING AUTHORITY MAY REPORT THE RESULTS OF 8
466+AN INVESTIGATION TO THE COMMISSION THROUGH TH E DATA SYSTEM AS 9
467+DESCRIBED HEREIN . 10
525468
526- B. MEMBERSHIP, VOTING, AND MEETINGS.
469+ 4. ISSUE SUBPOENAS FOR B OTH HEARINGS AND INV ESTIGATIONS 11
470+THAT REQUIRE THE ATT ENDANCE AND TESTIMON Y OF WITNESSES, AS WELL AS THE 12
471+PRODUCTION OF EVIDEN CE. SUBPOENAS ISSUED BY A STATE LICENSING 13
472+AUTHORITY IN A MEMBER STATE FOR THE ATTENDA NCE AND TESTIMONY OF 14
473+WITNESSES OR THE PRO DUCTION OF EVIDENCE FROM ANOTHER MEMBER STATE 15
474+SHALL BE ENFORCED IN THE LATTER STATE BY ANY COURT OF COMPETENT 16
475+JURISDICTION, ACCORDING TO THE PRA CTICE AND PROCEDURE OF THAT COURT 17
476+APPLICABLE TO SUBPOE NAS ISSUED IN PROCEE DINGS BEFORE IT . THE ISSUING 18
477+STATE LICENSING AUTHORITY SHALL PAY A NY WITNESS FEES , TRAVEL EXPENSES , 19
478+MILEAGE, AND OTHER FEES REQU IRED BY THE SERVICE STATUTES OF THE STATE IN 20
479+WHICH THE WITNESSES OR EVIDENCE ARE LOCA TED. 21
527480
528- 1. EACH MEMBER STATE SHALL HAVE AND BE LIMITED TO ONE
529-DELEGATE SELECTED BY THAT MEMBER STATE’S STATE LICENSING AUTHORITY.
481+ 5. IF OTHERWISE PERMITTE D BY STATE LAW, RECOVER FROM THE 22
482+AFFECTED LICENSEE THE COSTS OF INVESTIGATIONS AND D ISPOSITION OF CASES 23
483+RESULTING FROM ANY ADVERSE ACTION TAKEN AGAINST THAT LICENSEE. 24
530484
531- 2. THE DELEGATE SHALL BE AN ADMINISTRATOR OF THE STATE
532-LICENSING AUTHORITY OF THE MEMBER STATE OR THEIR DESIGN EE.
485+ 6. TAKE ADVERSE ACTION AGAINST THE LICENSEE’S 25
486+AUTHORIZATION TO PRACTICE IN THAT STATE BASED ON THE FA CTUAL FINDINGS 26
487+OF ANOTHER REMOTE STATE. 27
533488
534- 3. THE COMMISSION SHALL BY RULE OR BYLAW ESTABLI SH A TERM
535-OF OFFICE FOR DELEGATES AND MA Y BY RULE OR BYLAW ESTABLI SH TERM LIMITS.
536- WES MOORE, Governor Ch. 329
489+ D. A LICENSEE’S HOME STATE SHALL COMPLETE ANY PENDING 28
490+INVESTIGATION OF A COSMETOLOGIST WHO CHANGES TH EIR PRIMARY STATE OF 29
491+RESIDENCE DURING THE COURSE OF THE INVEST IGATION. THE HOME STATE SHALL 30
492+ALSO HAVE THE AUTHOR ITY TO TAKE APPROPRI ATE ACTION AND SHALL PROMPTLY 31
493+REPORT THE CONCLUSIO NS OF THE INVESTIGAT IONS TO THE DATA SYSTEM. 32
537494
538-– 13 –
539- 4. THE COMMISSION MAY RECOMM END REMOVAL OR SUSPE NSION
540-OF ANY DELEGATE FROM OFFICE.
495+ E. IF AN ADVERSE ACTION IS TAKEN BY TH E HOME STATE AGAINST A 33
496+LICENSEE’S MULTISTATE LICENSE, THE LICENSEE’S AUTHORIZATION TO 34
497+PRACTICE IN ALL OTHER MEMBER STATES SHALL BE DEACT IVATED UNTIL ALL 35
498+ENCUMBRANCES HAVE BEE N REMOVED FROM THE HOME STATE LICENSE. ALL 36 12 SENATE BILL 27
541499
542- 5. A MEMBER STATE’S STATE LICENSING AUTHORITY SHALL FILL
543-ANY VACANCY OF ITS D ELEGATE OCCURRING ON THE COMMISSION WITHIN 60 DAYS
544-OF THE VACANCY .
545500
546- 6. EACH DELEGATE SHALL B E ENTITLED TO ONE VO TE ON ALL
547-MATTERS THAT ARE VOT ED ON BY THE COMMISSION.
501+HOME STATE DISCIPLINARY ORD ERS THAT IMPOSE AN ADVERSE ACTION AGAINST 1
502+A LICENSEE’S MULTISTATE LICENSE SHALL INCLUDE A STATEMENT THAT THE 2
503+COSMETOLOGIST ’S AUTHORIZATION TO PRACTICE IS DEACTIVAT ED IN ALL 3
504+MEMBER STATES DURING THE PEN DENCY OF THE ORDER . 4
548505
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 .
506+ F. NOTHING IN THIS COMPACT SHALL OVERRID E A MEMBER STATE’S 5
507+AUTHORITY TO ACCEPT A LICENSEE’S PARTICIPATION IN A N ALTERNATIVE 6
508+PROGRAM IN LIEU OF ADVERSE ACTION. A LICENSEE’S MULTISTATE LICENSE 7
509+SHALL BE SUSPENDED F OR THE DURATION OF T HE LICENSEE’S PARTICIPATION IN 8
510+ANY ALTERNATIVE PROGRAM. 9
553511
554- C. THE COMMISSION SHALL HAVE THE FOLLOWING POWERS :
512+ G. JOINT INVESTIGATIONS . 10
555513
556- 1. ESTABLISH THE FISCAL YEAR OF THE COMMISSION;
514+ 1. IN ADDITION TO THE AU THORITY GRANTED TO A MEMBER STATE 11
515+BY ITS RESPECTIVE SC OPE OF PRACTICE LAWS OR OTHER APPLICABLE STATE LAW, 12
516+A MEMBER STATE MAY PARTICIPATE WITH OTHER MEMBER STATES IN JOINT 13
517+INVESTIGATIONS OF LICENSEES. 14
557518
558- 2. ESTABLISH A CODE OF C ONDUCT AND CONFLICT OF INTE REST
559-POLICIES;
519+ 2. MEMBER STATES SHALL SHARE AN Y INVESTIGATIVE, LITIGATION, 15
520+OR COMPLIANCE MATERI ALS IN FURTHERANCE O F ANY JOINT OR INDIV IDUAL 16
521+INVESTIGATION INITIA TED UNDER THE COMPACT. 17
560522
561- 3. ADOPT RULES AND BYLAWS ;
523+ARTICLE 8. ACTIVE MILITARY MEMBERS AND THEIR SPOUSES. 18
562524
563- 4. MAINTAIN ITS FINANCIA L RECORDS IN ACCORDA NCE WITH THE
564-BYLAWS;
525+ ACTIVE MILITARY MEMBERS, OR THEIR SPOUSES , SHALL DESIGNATE A HOME 19
526+STATE WHERE THE INDIV IDUAL HAS A CURRENT LICENSE TO PRACTICE 20
527+COSMETOLOGY IN GOOD S TANDING. THE INDIVIDUAL MAY RE TAIN THEIR HOME 21
528+STATE DESIGNATION DUR ING ANY PERIOD OF SE RVICE WHEN THAT INDI VIDUAL OR 22
529+THEIR SPOUSE IS ON A CTIVE DUTY ASSIGNMEN T. 23
565530
566- 5. MEET AND TAKE SUCH AC TIONS AS ARE CONSIST ENT WITH THE
567-PROVISIONS OF THIS COMPACT, THE COMMISSION’S RULES, AND THE BYLAWS;
531+ARTICLE 9. ESTABLISHMENT AND OPERATION OF THE COSMETOLOGY LICENSURE 24
532+COMPACT COMMISSION. 25
568533
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;
534+ A. THE COMPACT MEMBER STATES HEREBY CREATE AND ESTABLISH A 26
535+JOINT GOVERNMENT AGE NCY WHOSE MEMBERSHIP CONSISTS OF ALL MEMBER 27
536+STATES THAT HAVE ENAC TED THE COMPACT KNOWN AS THE COSMETOLOGY 28
537+LICENSURE COMPACT COMMISSION. THE COMMISSION IS AN INST RUMENTALITY 29
538+OF THE COMPACT MEMBER STATES ACTING JOINTLY AND NOT AN 30
539+INSTRUMENTALITY OF A NY ONE STATE. THE COMMISSION SHALL COME INTO 31
540+EXISTENCE ON OR AFTE R THE EFFECTIVE DATE OF THE COMPACT AS SET FORTH IN 32
541+ARTICLE 13. 33
573542
574- 7. MAINTAIN AND CERTIFY RECORDS AND I NFORMATION PROVIDED
575-TO A MEMBER STATE AS THE AUTHENTI CATED BUSINESS RECOR DS OF THE
576-COMMISSION AND DESIGN ATE AN AGENT TO DO S O ON THE COMMISSION’S BEHALF;
543+ B. MEMBERSHIP, VOTING, AND MEETINGS. 34 SENATE BILL 27 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. 329 2024 LAWS OF MARYLAND
582546
583-– 14 –
547+ 1. EACH MEMBER STATE SHALL HAVE AND BE LIMITED TO ONE 1
548+DELEGATE SELECTED BY THAT MEMBER STATE’S STATE LICENSING AUTHORITY. 2
584549
585- 10. CONDUCT AN ANNUAL FIN ANCIAL REVIEW ;
550+ 2. THE DELEGATE SHALL BE AN ADMINISTRATOR OF THE STATE 3
551+LICENSING AUTHORITY OF THE MEMBER STATE OR THEIR DESIGN EE. 4
586552
587- 11. HIRE EMPLOYEES , ELECT OR APPOINT OFF ICERS, FIX
588-COMPENSATION , DEFINE DUTIES , GRANT SUCH INDIVIDUA LS APPROPRIATE
589-AUTHORITY TO CARRY O UT THE PURPOSES OF T HE 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;
553+ 3. THE COMMISSION SHALL BY RULE OR BYLAW ESTABLI SH A TERM 5
554+OF OFFICE FOR DELEGA TES AND MAY BY RULE OR BYLAW ESTABLI SH TERM LIMITS. 6
593555
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;
556+ 4. THE COMMISSION MAY RECOMM END REMOVAL OR SUSPE NSION 7
557+OF ANY DELEGATE FROM OFFICE. 8
602558
603- 13. ASSESS AND COLLECT FE ES;
559+ 5. A MEMBER STATE’S STATE LICENSING AUTHORITY SHALL FILL 9
560+ANY VACANCY OF ITS D ELEGATE OCCURRING ON THE COMMISSION WITHIN 60 DAYS 10
561+OF THE VACANCY . 11
604562
605- 14. ACCEPT ANY AND ALL AP PROPRIATE GIF TS, 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 IMPROPRIETY OR
609-CONFLICT OF INTERE ST;
563+ 6. EACH DELEGATE SHALL B E ENTITLED TO ONE VOTE O N ALL 12
564+MATTERS THAT ARE VOT ED ON BY THE COMMISSION. 13
610565
611- 15. LEASE, PURCHASE, RETAIN, OWN, HOLD, IMPROVE, OR USE ANY
612-PROPERTY, REAL, PERSONAL, OR MIXED, OR ANY UNDIVIDED INT EREST THEREIN ;
566+ 7. THE COMMISSION SHALL MEET AT LEAST ONCE DURING EACH 14
567+CALENDAR YEAR . ADDITIONAL MEETINGS M AY BE HELD AS SET FO RTH IN THE 15
568+BYLAWS. THE COMMISSION MAY MEET B Y TELECOMMUNICATION , VIDEO 16
569+CONFERENCE , OR OTHER SIMILAR ELE CTRONIC MEANS . 17
613570
614- 16. SELL, CONVEY, MORTGAGE , PLEDGE, LEASE, EXCHANGE,
615-ABANDON, OR OTHERWISE DISPOSE OF ANY PROPERTY , REAL, PERSONAL, OR MIXED;
571+ C. THE COMMISSION SHALL HAV E THE FOLLOWING POWE RS: 18
616572
617- 17. ESTABLISH A BUDGET AN D MAKE EXPENDITURES ;
573+ 1. ESTABLISH THE FISCAL YEAR OF THE COMMISSION; 19
618574
619- 18. BORROW MONEY ;
575+ 2. ESTABLISH A CODE OF C ONDUCT AND CONFLICT OF INTEREST 20
576+POLICIES; 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 A S MAY BE DESIGNATED IN THIS COMPACT AND THE BYLAW S;
625- WES MOORE, Governor Ch. 329
578+ 3. ADOPT RULES AND BYLAWS ; 22
626579
627-– 15 –
628- 20. PROVIDE AND RECEIVE I NFORMATION FROM AND COOPERATE
629-WITH LAW ENFORCEMENT AGENCIES;
580+ 4. MAINTAIN ITS FINANCIA L RECORDS IN ACCORDA NCE WITH THE 23
581+BYLAWS; 24
630582
631- 21. ELECT A CHAIR, VICE CHAIR, SECRETARY AND TREASURER AND
632-SUCH OTHER OFFICERS OF THE COMMISSION AS PROVIDE D IN THE COMMISSION’S
633-BYLAWS;
583+ 5. MEET AND TAKE SUCH ACTIONS AS ARE CONSISTENT WI TH THE 25
584+PROVISIONS OF THIS COMPACT, THE COMMISSION’S RULES, AND THE BYLAWS ; 26
634585
635- 22. ESTABLISH AND ELECT A N EXECUTIVE COMMITTEE, INCLUDING
636-A CHAIR AND A VICE CHAIR;
586+ 6. INITIATE AND CONCLUDE LEGAL PROCEEDINGS OR ACTIONS IN 27
587+THE NAME OF THE COMMISSION, PROVIDED THAT THE ST ANDING OF ANY STATE 28
588+LICENSING AUTHORITY TO SUE OR BE SUED UNDER APPLICABL E LAW MAY NOT BE 29 14 SENATE BILL 27
637589
638- 23. ADOPT AND PROVIDE TO THE MEMBER STATES AN ANNUAL
639-REPORT;
640590
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
591+AFFECTED; 1
644592
645- 25. PERFORM SUCH OTHER FU NCTIONS AS MAY BE NECESSARY OR
646-APPROPRIATE TO ACHIE VE THE PURPOSES OF T HIS COMPACT.
593+ 7. MAINTAIN AND CERTIFY RECORDS AND INFORMAT ION PROVIDED 2
594+TO A MEMBER STATE AS THE AUTHENTI CATED BUSINESS RECOR DS OF THE 3
595+COMMISSION AND DESIGN ATE AN AGENT TO DO S O ON THE COMMISSION’S BEHALF; 4
647596
648- D. THE EXECUTIVE COMMITTEE.
597+ 8. PURCHASE AND MAINTAIN INSURANCE AND BONDS ; 5
649598
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 TH E EXECUTIVE COMMITTEE SHALL
653-INCLUDE:
599+ 9. BORROW, ACCEPT, OR CONTRACT FOR SERV ICES OF PERSONNEL , 6
600+INCLUDING EMPLOYEES OF A MEMBER STATE; 7
654601
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 DEEMED NECESSARY ;
602+ 10. CONDUCT AN ANNUAL FIN ANCIAL REVIEW ; 8
659603
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 ;
604+ 11. HIRE EMPLOYEES , ELECT OR APPOINT OFF ICERS, FIX 9
605+COMPENSATION, DEFINE DUTIES , GRANT SUCH INDIVIDUA LS APPROPRIATE 10
606+AUTHORITY TO CARRY O UT THE PURPOSES OF T HE COMPACT, AND ESTABLISH THE 11
607+COMMISSION’S PERSONNEL POLICIES AND PROGRAMS RELATIN G TO CONFLICTS OF 12
608+INTEREST, QUALIFICATIONS OF PE RSONNEL, AND OTHER RELATED PERSONNEL 13
609+MATTERS; 14
663610
664- C. ENSURING COMPACT ADMINISTRATIO N SERVICES A RE
665-APPROPRIATELY PROVID ED, INCLUDING BY CONTRAC T;
611+ 12. AS SET FORTH IN THE COMMISSION RULES, CHARGE A FEE TO A 15
612+LICENSEE FOR THE GRAN T OF A MULTISTATE LICENSE AND THEREAFTE R, AS MAY 16
613+BE ESTABLISHED BY COMMISSION RULE, CHARGE THE LICENSEE A MULTISTATE 17
614+LICENSE RENEWAL FEE F OR EACH RENEWA L PERIOD. NOTHING HEREIN MAY BE 18
615+CONSTRUED TO PREVENT A HOME STATE FROM CHARGING A LICENSEE A FEE FOR 19
616+A MULTISTATE LICENSE OR RENEWALS O F A MULTISTATE LICENSE, OR A FEE FOR 20
617+THE JURISPRUDENCE REQUIREMENT IF THE MEMBER STATE IMPOSES SUCH A 21
618+REQUIREMENT FOR THE GRANT OF A MULTISTATE LICENSE; 22
666619
667- D. PREPARING AND RECOMME NDING THE BUDGET ;
620+ 13. ASSESS AND COLLECT FE ES; 23
668621
669- E. MAINTAINING FINANCIAL RECORDS ON BEHALF OF THE
670-COMMISSION; Ch. 329 2024 LAWS OF MARYLAND
622+ 14. ACCEPT ANY AND ALL AP PROPRIATE GIFTS , DONATIONS, GRANTS 24
623+OF MONEY, OTHER SOURCES OF REV ENUE, EQUIPMENT, SUPPLIES, MATERIALS, AND 25
624+SERVICES, AND RECEIVE, UTILIZE, AND DISPOSE OF THE S AME; PROVIDED THAT AT 26
625+ALL TIMES THE COMMISSION SHALL AVOI D ANY APPEARANCE OF IMPROPRIETY OR 27
626+CONFLICT OF INTEREST ; 28
671627
672-– 16 –
628+ 15. LEASE, PURCHASE, RETAIN, OWN, HOLD, IMPROVE, OR USE ANY 29
629+PROPERTY, REAL, PERSONAL, OR MIXED, OR ANY UNDIVIDED INT EREST THEREIN ; 30
673630
674- F. MONITORING COMPACT COMPLIANCE OF MEMBER STATES
675-AND PROVIDING COMPLI ANCE REPORTS TO THE COMMISSION;
631+ 16. SELL, CONVEY, MORTGAGE , PLEDGE, LEASE, EXCHANGE, 31
632+ABANDON, OR OTHERWISE DISPOSE OF ANY PROPERTY , REAL, PERSONAL, OR MIXED; 32
633+ SENATE BILL 27 15
676634
677- G. ESTABLISHING ADDITION AL COMMITTEES AS NEC ESSARY;
678635
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
636+ 17. ESTABLISH A BUDGET AN D MAKE EXPENDITURES ; 1
684637
685- I. OTHER DUTIES AS PROVI DED IN THE RULES OR BYLAWS OF
686-THE COMMISSION.
638+ 18. BORROW MONEY ; 2
687639
688- 2. THE EXECUTIVE COMMITTEE SHALL BE CO MPOSED OF UP TO
689-SEVEN VOTING MEMBERS .
640+ 19. APPOINT COMMITTEES , INCLUDING STANDING C OMMITTEES, 3
641+COMPOSED OF MEMBERS , STATE REGULATORS , STATE LEGISLATORS OR THEIR 4
642+REPRESENTATIVES , AND CONSUMER REPRESE NTATIVES, AND SUCH OTHER 5
643+INTERESTED PERSONS A S MAY BE DESIGNATED IN THIS COMPACT AND THE BYLAW S; 6
690644
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
645+ 20. PROVIDE AND RECEIVE I NFORMATION FROM AND COOPERATE 7
646+WITH LAW ENFORCEMENT AGENCIES; 8
694647
695- B. OTHER THAN THE CHAIR, VICE CHAIR, SECRETARY AND
696-TREASURER, THE COMMISSION SHALL ELECT THR EE VOTING MEMBERS FR OM THE
697-CURRENT MEMBERSHIP O F THE COMMISSION.
648+ 21. ELECT A CHAIR, VICE CHAIR, SECRETARY AND TREASURER AND 9
649+SUCH OTHER OFFICERS OF THE COMMISSION AS PROVIDE D IN THE COMMISSION’S 10
650+BYLAWS; 11
698651
699- C. THE COMMISSION MAY ELECT EX OFFICIO, NONVOTING
700-MEMBERS FROM A RECOG NIZED NATIONAL COSMETOLOGY PROFESSIO NAL
701-ASSOCIATION AS APPRO VED 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.
652+ 22. ESTABLISH AND ELECT A N EXECUTIVE COMMITTEE, INCLUDING 12
653+A CHAIR AND A VICE CHAIR; 13
705654
706- 3. THE COMMISSION MAY REMOVE ANY MEMBER OF T HE EXECUTIVE
707-COMMITTEE AS PROVIDED IN THE COMMISSION’S BYLAWS.
655+ 23. ADOPT AND PROVIDE TO THE MEMBER STATES AN ANNUAL 14
656+REPORT; 15
708657
709- 4. THE EXECUTIVE COMMITTEE SHALL MEET AT LEAST ANNUALLY .
658+ 24. DETERMINE WHETHER A STATE’S ADOPTED LANGUAGE I S 16
659+MATERIALLY DIFFERENT FROM THE MODEL COMPACT LANGUAGE SUCH THAT THE 17
660+STATE WOULD NOT QUALIFY FOR PART ICIPATION IN THE COMPACT; AND 18
710661
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 ON A MA TTER FOR WHICH A COMMISSION VOTE WOULD
714-OTHERWISE BE REQUIRE D, SHALL BE OPEN TO THE PUBLIC, EXCEPT THAT THE WES MOORE, Governor Ch. 329
662+ 25. PERFORM SUCH OTHER FU NCTIONS AS MAY BE NE CESSARY OR 19
663+APPROPRIATE TO ACHIE VE THE PURPOSES OF T HIS COMPACT. 20
715664
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.
665+ D. THE EXECUTIVE COMMITTEE. 21
720666
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 INTEREST IN THE PUBLIC
724-MATTERS THE EXECUTIVE COMMITTEE INTENDS TO ADDRESS AT THOSE MEETINGS.
667+ 1. THE EXECUTIVE COMMITTEE SHALL HAVE THE POWER TO ACT ON 22
668+BEHALF OF THE COMMISSION ACCORDING TO THE TERMS OF THIS COMPACT. THE 23
669+POWERS, DUTIES, AND RESPONSIBILITIES OF THE EXECUTIVE COMMITTEE SHALL 24
670+INCLUDE: 25
725671
726- 5. THE EXECUTIVE COMMITTEE MAY HOLD AN EMERGENCY
727-MEETING WHEN ACTING FOR THE COMMISSION TO :
672+ A. OVERSEEING THE DAY –TO–DAY ACTIVITIES OF TH E 26
673+ADMINISTRATION OF THE COMPACT INCLUDING COM PLIANCE WITH THE 27
674+PROVISIONS OF THE COMPACT, THE COMMISSION’S RULES AND BYLAWS , AND SUCH 28
675+OTHER DUTIES AS DEEM ED NECESSARY ; 29
728676
729- A. MEET AN IMMINENT THRE AT TO PUBLIC HEALTH , SAFETY,
730-OR WELFARE;
677+ B. RECOMMENDING TO THE COMMISSION CHANGES TO THE 30
678+RULES OR BYLAWS , CHANGES TO THIS COMPACT LEGISLATION, FEES CHARGED TO 31 16 SENATE BILL 27
731679
732- B. PREVENT A LOSS OF COMMISSION OR MEMBER STATE
733-FUNDS; OR
734680
735- C. PROTECT PUBLIC HEALTH AND SAFETY.
681+COMPACT MEMBER STATES, FEES CHARGED TO LICENSEES, AND OTHER FEES ; 1
736682
737- E. THE COMMISSION SHALL ADOP T AND PROVIDE TO THE MEMBER
738-STATES AN ANNUAL REPO RT.
683+ C. ENSURING COMPACT ADMINISTRATIO N SERVICES ARE 2
684+APPROPRIATELY PROVID ED, INCLUDING BY CONTRAC T; 3
739685
740- F. MEETINGS OF THE COMMISSION.
686+ D. PREPARING AND RECOMME NDING THE BUDGET ; 4
741687
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.
688+ E. MAINTAINING FINANCIAL RECOR DS ON BEHALF OF THE 5
689+COMMISSION; 6
746690
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 PROPOSED 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.
691+ F. MONITORING COMPACT COMPLIANCE OF MEMBER STATES 7
692+AND PROVIDING COMPLI ANCE REPORTS TO THE COMMISSION; 8
754693
755- 3. NOTICE OF ALL COMMISSION MEETINGS S HALL PROVIDE THE
756-TIME, DATE, AND LOCATION OF THE MEETING, AND IF THE MEETING IS 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 MEETING. Ch. 329 2024 LAWS OF MARYLAND
694+ G. ESTABLISHING ADDITION AL COMMITTEES AS NEC ESSARY; 9
760695
761-– 18 –
696+ H. EXERCISING THE POWERS AND DUTIES O F THE 10
697+COMMISSION DURING THE INTERIM BETWEEN COMMISSION MEETINGS , EXCEPT 11
698+FOR ADOPTING OR AMEN DING RULES, ADOPTING OR AMENDING BYLAWS, AND 12
699+EXERCISING ANY OTHER POWERS AND DUTIES EX PRESSLY RESERVED TO THE 13
700+COMMISSION BY RULE OR BYLAW ; AND 14
762701
763- 4. THE COMMISSION MAY CONVEN E IN A CLOSED , NON–PUBLIC
764-MEETING FOR THE COMMISSION TO DISCUSS:
702+ I. OTHER DUTIES A S PROVIDED IN THE RULES OR BYLAWS OF 15
703+THE COMMISSION. 16
765704
766- A. NON–COMPLIANCE OF A MEMBER STATE WITH ITS
767-OBLIGATIONS UNDER TH E COMPACT;
705+ 2. THE EXECUTIVE COMMITTEE SHALL BE CO MPOSED OF UP TO 17
706+SEVEN VOTING MEMBERS . 18
768707
769- B. THE EMPLOYMENT , COMPENSATION , DISCIPLINE OR OTHER
770-MATTERS, PRACTICES OR PROCEDU RES RELATED TO SPECI FIC EMPLOYEES OR
771-OTHER MATTERS RELATE D TO THE COMMISSION’S INTERNAL PERSONNEL
772-PRACTICES AND PROCED URES;
708+ A. THE CHAIR AND VICE CHAIR OF THE COMMISSION AND ANY 19
709+OTHER MEMBERS OF THE COMMISSION WHO SERVE ON THE EXECUTIVE 20
710+COMMITTEE SHALL BE VOTING MEMBERS OF THE EXECUTIVE COMMITTEE; AND 21
773711
774- C. CURRENT OR THREATENED DISCIPLINE OF A LICENSEE BY
775-THE COMMISSION OR BY A MEMBER STATE’S LICENSING AUTHORITY;
712+ B. OTHER THAN THE CHAIR, VICE CHAIR, SECRETARY AND 22
713+TREASURER, THE COMMISSION SHALL ELEC T THREE VOTING MEMBE RS FROM THE 23
714+CURRENT MEMBERSHIP O F THE COMMISSION. 24
776715
777- D. CURRENT, THREATENED , OR REASONABLY ANTICI PATED
778-LITIGATION;
716+ C. THE COMMISSION MAY ELECT EX OFFICIO, NONVOTING 25
717+MEMBERS FROM A RECOG NIZED NATIONAL COSMETOLOGY PROFESSIO NAL 26
718+ASSOCIATION AS APPRO VED BY THE COMMISSION. THE COMMISSION’S BYLAWS 27
719+SHALL IDENTIFY QUALI FYING ORGANIZATIONS AND THE MANNER OF AP POINTMENT 28
720+IF THE NUMBE R OF ORGANIZATIONS S EEKING TO APPOINT AN EX OFFICIO MEMBER 29
721+EXCEEDS THE NUMBER O F MEMBERS SPECIFIED IN THIS ARTICLE. 30
779722
780- E. NEGOTIATION O F CONTRACTS FOR THE PURCHASE, LEASE,
781-OR SALE OF GOODS , SERVICES, OR REAL ESTATE ;
723+ 3. THE COMMISSION MAY REMOVE ANY MEMBER OF THE EXECUTIVE 31 SENATE BILL 27 17
782724
783- F. ACCUSING ANY PERSON O F A CRIME OR FORMALL Y
784-CENSURING ANY PERSON ;
785725
786- G. TRADE SECRETS OR COMM ERCIAL OR FINANCIAL
787-INFORMATION THAT IS PRIVILEGED OR CONFID ENTIAL;
726+COMMITTEE AS PROVIDED IN THE COMMISSION’S BYLAWS. 1
788727
789- H. INFORMATION OF A PERS ONAL NATURE WHERE
790-DISCLOSURE WOULD CON STITUTE A CLEARLY UN WARRANTED INVASION O F
791-PERSONAL PRIVACY ;
728+ 4. THE EXECUTIVE COMMITTEE SHALL MEET AT LEAST ANNUALLY. 2
792729
793- I. INVESTIGATIVE RECORDS COMPILED FOR LAW
794-ENFORCEMENT PURPOSES ;
730+ A. ANNUAL EXECUTIVE COMMITTEE MEETINGS , AS WELL AS 3
731+ANY EXECUTIVE COMMITTEE MEETING AT WHICH IT DOES NOT TA KE OR INTEND TO 4
732+TAKE FORMAL ACTION O N A MATTER FOR WHICH A COMMISSION VOTE WOULD 5
733+OTHERWISE BE REQUIRE D, SHALL BE O PEN TO THE PUBLIC , EXCEPT THAT THE 6
734+EXECUTIVE COMMITTEE MAY MEET IN A CLOSED, NON–PUBLIC SESSION OF A 7
735+PUBLIC MEETING WHEN DEALING WITH ANY OF THE MATTERS COVERED UNDER 8
736+ARTICLE 9.F.4. 9
795737
796- J. INFORMATION RELATED T O ANY INVESTIGATIVE REPORTS
797-PREPARED BY OR ON BEHALF OF O R FOR USE OF THE COMMISSION OR OTHER
798-COMMITTEE CHARGED WI TH RESPONSIBILITY OF INVESTIGATION OR
799-DETERMINATION OF COM PLIANCE ISSUES PURSU ANT TO THE COMPACT;
738+ B. THE EXECUTIVE COMMITTEE SHALL GIVE 5 BUSINESS DAYS 10
739+ADVANCE NOTICE OF ITS PUBLIC MEETIN GS, POSTED ON ITS WEBSIT E AND AS 11
740+DETERMINED TO PROVID E NOTICE TO PERSONS WITH AN INTEREST IN THE PUBLIC 12
741+MATTERS THE EXECUTIVE COMMITTEE INTENDS TO ADDRESS AT THOSE MEE TINGS. 13
800742
801- K. LEGAL ADVICE;
743+ 5. THE EXECUTIVE COMMITTEE MAY HOLD AN EMERGENCY 14
744+MEETING W HEN ACTING FOR THE COMMISSION TO : 15
802745
803- L. MATTERS SPECIFICALLY EXEMPTED FROM DISCLO SURE TO WES MOORE, Governor Ch. 329
746+ A. MEET AN IMMINENT THRE AT TO PUBLIC HEALTH , SAFETY, 16
747+OR WELFARE; 17
804748
805-– 19 –
806-THE PUBLIC BY FEDERAL OR MEMBER STATE LAW; OR
749+ B. PREVENT A LOSS OF COMMISSION OR MEMBER STATE 18
750+FUNDS; OR 19
807751
808- M. OTHER MATTERS AS PROM ULGATED BY THE COMMISSION
809-BY RULE.
752+ C. PROTECT PUBLIC HEALTH AND SAFETY. 20
810753
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.
754+ E. THE COMMISSION SHALL ADOP T AND PROVIDE TO T HE MEMBER 21
755+STATES AN ANNUAL REPO RT. 22
815756
816- 6. THE COMMISSION SHALL KEEP MINUTES THAT FULLY A ND
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 REASONS THEREFOR ,
819-INCLUDING A DESCRIPT ION OF THE VIEWS EXP RESSED. ALL DOCUMENTS
820-CONSIDERED IN CONNEC TION WITH AN ACTION SHALL BE IDENTIFIED 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 VOTE OF T HE
823-COMMISSION OR ORDER O F A COURT OF COMPETE NT JURISDICTION .
757+ F. MEETINGS OF THE COMMISSION. 23
824758
825- G. FINANCING OF THE COMMISSION.
759+ 1. ALL MEETINGS OF THE COMMISSION THAT ARE N OT CLOSED 24
760+PURSUANT TO ARTICLE 9.F.4. SHALL BE OPEN TO THE PUBLIC. NOTICE OF PUBLIC 25
761+MEETINGS SHALL BE PO STED ON THE COMMISSION’S WEBSITE AT LE AST 30 DAYS 26
762+PRIOR TO THE PUBLIC MEETING. 27
826763
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 ACTI VITIES.
764+ 2. NOTWITHSTANDING ARTICLE 9.F.1., THE COMMISSION MAY 28
765+CONVENE AN EMERGENCY PUBLIC MEETING BY PR OVIDING AT LEAST 24 HOURS 29
766+PRIOR NOTICE ON THE COMMISSION’S WEBSITE, AND ANY OTHER MEANS AS 30
767+PROVIDED IN THE COMMISSION’S RULES, FOR ANY OF THE REASO NS IT MAY 31
768+DISPENSE WITH NOTICE OF PROPOSED RULEMAKI NG UNDER ARTICLE 11.L. THE 32 18 SENATE BILL 27
830769
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.
834770
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 OTHE R
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.
771+COMMISSION’S LEGAL COUNSEL SHAL L CERTIFY THAT ONE O F THE REASONS 1
772+JUSTIFYING AN EMERGE NCY PUBLIC MEETING H AS BEEN MET. 2
844773
845- 4. THE COMMISSION MAY NOT IN CUR OBLIGATIONS OF A NY KIND
846-PRIOR TO SECURING TH E 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. 329 2024 LAWS OF MARYLAND
774+ 3. NOTICE OF ALL COMMISSION MEETINGS S HALL PROVIDE THE 3
775+TIME, DATE, AND LOCATION OF THE MEETING, AND IF THE MEETING I S TO BE HELD 4
776+OR ACCESSIBLE VIA TE LECOMMUNICATION , VIDEO CONFERENCE , OR OTHER 5
777+ELECTRONIC MEANS , THE NOTICE SHALL INC LUDE THE MECHANISM F OR ACCESS TO 6
778+THE MEETING. 7
849779
850-– 20 –
780+ 4. THE COMMISSION MAY CONVEN E IN A CLOSED , NON–PUBLIC 8
781+MEETING FOR THE COMMISSION TO DISCUSS : 9
851782
852- 5. THE COMMISSION SHALL KEEP ACCURATE ACCOUNTS OF ALL
853-RECEIPTS AND DISBURS EMENTS. THE RECEIPTS AND DISB URSEMENTS 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 LICENSED PUBLIC A CCOUNTANT
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.
783+ A. NON–COMPLIANCE OF A MEMBER STATE WITH ITS 10
784+OBLIGATIONS UNDER TH E COMPACT; 11
860785
861- H. QUALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION .
786+ B. THE EMPLOYMENT , COMPENSATION , DISCIPLINE OR OTHER 12
787+MATTERS, PRACTICES OR PROCEDU RES RELATED TO SPECI FIC EMPLOYEES OR 13
788+OTHER MATTERS RELATE D TO THE COMMISSION’S INTERNAL PERSONNEL 14
789+PRACTICES AND PROCED URES; 15
862790
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 ANY ACTUAL OR ALLEGE D 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 RESPONSIBI LITIES; PROVIDED THAT
871-NOTHING IN THIS PARA GRAPH MAY BE CONSTRU ED TO PROTECT ANY SU CH 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 INSUR ANCE OF ANY TYP E BY THE COMMISSION MAY NOT IN ANY
875-WAY COMPROMISE OR LI MIT THE IMMUNITY GRA NTED HEREUNDER .
791+ C. CURRENT OR THREATENED DISCIPLINE OF A LICENSEE BY 16
792+THE COMMISSION OR BY A MEMBER STATE’S LICENSING AUTHORITY; 17
876793
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 T HE CLAIM IS MADE HAD A
883-REASONABLE BASIS FOR BELIEVING OCCURR ED WITHIN THE SCOPE OF
884-COMMISSION EMPLOYMENT , DUTIES, OR RESPONSIBILITIES ; PROVIDED THAT
885-NOTHING HEREIN MAY B E CONSTRUED TO PROHI BIT THAT PERSON FROM
886-RETAINING THEIR OWN COUNSEL AT THEIR OWN EXPENSE; AND PROVIDED FURTHER
887-THAT THE ACTUA L OR ALLEGED ACT , ERROR, OR OMISSION DID NOT RESULT FROM
888-THAT PERSON ’S INTENTIONAL OR WIL LFUL OR WANTON MISCO NDUCT.
794+ D. CURRENT, THREATENED , OR REASONABLY ANTICI PATED 18
795+LITIGATION; 19
889796
890- 3. THE COMMISSION SHALL INDE MNIFY AND HOLD HARML ESS ANY
891-MEMBER, OFFICER, EXECUTIVE DIRECTOR , EMPLOYEE, AND REPRESENTATIVE O F
892-THE COMMISSION FOR THE AMOUNT OF ANY SETTLEMENT OR JU DGMENT OBTAINED WES MOORE, Governor Ch. 329
797+ E. NEGOTIATION OF CONTRA CTS FOR THE PURCHASE , LEASE, 20
798+OR SALE OF GOODS , SERVICES, OR REAL ESTATE ; 21
893799
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 REASON ABLE 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 O R
901-WANTON MISCONDUCT OF THAT PERSON .
800+ F. ACCUSING ANY PERSON O F A CRIME OR FORMALL Y 22
801+CENSURING ANY PERSON ; 23
902802
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.
803+ G. TRADE SECRETS OR COMM ERCIAL OR FINANCIAL 24
804+INFORMATION THAT IS PRIVILEGED OR CONFID ENTIAL; 25
907805
908- 5. NOTHING IN THIS COMPACT SHALL BE INTE RPRETED TO WAIVE
909-OR OTHERWISE ABROGATE 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 REGULATIO N.
806+ H. INFORMATION OF A PERS ONAL NATURE WHERE 26
807+DISCLOSURE WOULD CON STITUTE A CLEARLY UN WARRANTED INVASION O F 27
808+PERSONAL PRIVACY ; 28
913809
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.
810+ I. INVESTIGATIVE RECORDS COMPILED FOR LAW 29
811+ENFORCEMENT PURPOSES ; 30
917812
918-ARTICLE 10. DATA SYSTEM.
813+ J. INFORMATION RELATED T O ANY INVESTIGATIVE REPORTS 31 SENATE BILL 27 19
919814
920- A. THE COMMISSION SHALL PROV IDE FOR THE DEVELOPM ENT,
921-MAINTENANCE , OPERATION, AND UTILIZATION O F A COORDINATED DATA BASE AND
922-REPORTING SYSTEM .
923815
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.
816+PREPARED BY OR ON BE HALF OF OR FOR USE O F THE COMMISSION OR OTHER 1
817+COMMITTEE CHARGED WI TH RESPONSIBILITY OF INVESTIGATION OR 2
818+DETERMINATION OF COM PLIANCE ISSUES PURSU ANT TO THE COMPACT; 3
927819
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:
820+ K. LEGAL ADVICE; 4
932821
933- 1. IDENTIFYING INFORMATI ON;
822+ L. MATTERS SPECIFICALLY EXEMPTED FROM DISCLO SURE TO 5
823+THE PUBLIC BY FEDERA L OR MEMBER STATE LAW; OR 6
934824
935- 2. LICENSURE DATA ;
825+ M. OTHER MATTERS AS PROM ULGATED BY THE COMMISSION 7
826+BY RULE. 8
936827
937- 3. ADVERSE ACTIONS AGAINST A LICENSE AN D RELATED THERETO ; Ch. 329 2024 LAWS OF MARYLAND
828+ 5. IF A MEETING , OR PORTION OF A MEET ING, IS CLOSED, THE 9
829+PRESIDING OFFICER SH ALL STATE THAT THE M EETING WILL BE CLOSE D AND 10
830+REFERENCE EACH RELEV ANT EXEMPTING PROVIS ION, AND SUCH REFERENCE 11
831+SHALL BE RECORDED IN THE MINUTES. 12
938832
939-– 22 –
833+ 6. THE COMMISSION SHALL KEEP MINUTES THAT FULLY AND 13
834+CLEARLY DESCRIBE ALL MATTERS DISCUSSED IN A MEETING AND SHALL PROVIDE A 14
835+FULL AND ACCURATE SU MMARY OF ACTIONS TAK EN, AND THE REASONS THER EFOR, 15
836+INCLUDING A DESCRIPT ION OF THE VIEWS EXP RESSED. ALL DOCUMENTS 16
837+CONSIDERED IN CONNEC TION WITH AN A CTION SHALL BE IDENT IFIED IN SUCH 17
838+MINUTES. ALL MINUTES AND DOCUM ENTS OF A CLOSED MEE TING SHALL REMAIN 18
839+UNDER SEAL , SUBJECT TO RELEASE O NLY BY A MAJORITY VO TE OF THE 19
840+COMMISSION OR ORDER O F A COURT OF COMPETE NT JURISDICTION . 20
940841
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 PA RTICIPATION;
842+ G. FINANCING OF THE COMMISSION. 21
944843
945- 5. ANY DENIAL OF APPLICA TION FOR LICENSURE AN D THE REASON
946-FOR THE DENIAL (EXCLUDING THE REPORT ING OF ANY CRIMINAL HISTORY RECORD
947-INFORMATION WHERE PR OHIBITED BY LAW );
844+ 1. THE COMMISSION SHALL PAY , OR PROVIDE FOR THE P AYMENT 22
845+OF, THE REASONABLE EXPEN SES OF ITS ESTABLISH MENT, ORGANIZATION , AND 23
846+ONGOING ACTIVITIES . 24
948847
949- 6. THE EXISTENCE OF INVESTIGATIVE INFORMATION ;
848+ 2. THE COMMISSION MAY ACCEPT ANY AND ALL APPROPRI ATE 25
849+SOURCES OF REVENUE , DONATIONS, AND GRANTS OF MONEY , EQUIPMENT, 26
850+SUPPLIES, MATERIALS, AND SERVICES. 27
950851
951- 7. THE EXISTENCE OF CURRENT SIGNIFICANT INVESTIGATIVE
952-INFORMATION; AND
852+ 3. THE COMMISSION MAY LEVY O N AND COLLECT AN ANN UAL 28
853+ASSESSMENT FROM EACH MEMBER STATE AND IMPOSE FEES ON LICENSEES OF 29
854+MEMBER STATES TO WHOM IT GRA NTS A MULTISTATE LICENSE TO COVER THE 30
855+COST OF THE OPERATIO NS AND ACTIVITIES OF TH E COMMISSION AND ITS ST AFF, 31
856+WHICH MUST BE IN A T OTAL AMOUNT SUFFICIE NT TO COVER ITS ANNU AL BUDGET 32
857+AS APPROVED EACH YEA R FOR WHICH REVENUE IS NOT PROVIDED BY O THER 33
858+SOURCES. THE AGGREGATE ANNUAL ASSESSMENT AMOUNT FO R MEMBER STATES 34 20 SENATE BILL 27
953859
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.
957860
958- D. THE RECORDS AND INFOR MATION PROVIDED TO A MEMBER STATE
959-PURSUANT TO THIS COMPACT OR THROUGH THE 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 ADMINISTRATIVE PROCEE DINGS IN A MEMBER STATE.
861+SHALL BE ALLOCATED BASED U PON A FORMULA THAT T HE COMMISSION SHALL 1
862+PROMULGATE BY RULE. 2
964863
965- E. THE EXISTENCE OF CURRENT SIGNIFICANT INVESTIGATIVE
966-INFORMATION AND THE E XISTENCE OF INVESTIGATIVE INFORMATION PERTAININ G
967-TO A LICENSEE IN ANY MEMBER STATE WILL ONLY BE AV AILABLE TO OTHER
968-MEMBER STATES.
864+ 4. THE COMMISSION MAY NOT IN CUR OBLIGATIONS OF A NY KIND 3
865+PRIOR TO SECURING TH E ADEQUATE FUNDS TO MEET THE SAME ; NOR SHALL THE 4
866+COMMISSION PLEDGE THE CREDIT OF ANY MEMBER STATES, EXCEPT BY AND WITH 5
867+THE AUTHORITY OF THE MEMBER STATE. 6
969868
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.
869+ 5. THE COMMISSION SHALL KEEP ACCURATE ACCOUNTS OF ALL 7
870+RECEIPTS AND DISBURS EMENTS. THE RECEIPTS AND DISB URSEMENTS OF THE 8
871+COMMISSION SHALL BE S UBJECT TO THE FINANC IAL REVIEW AND ACCOU NTING 9
872+PROCEDUR ES ESTABLISHED UNDER ITS BYLAWS . ALL RECEIPTS AND 10
873+DISBURSEMENTS OF FUN DS HANDLED BY THE COMMISSION SHALL BE S UBJECT TO 11
874+AN ANNUAL FINANCIAL REVIEW BY A CERTIFIE D OR LICENSED PUBLIC ACCOUNTANT 12
875+AND THE REPORT OF TH E FINANCIAL REVIEW S HALL BE INCLUDED IN AND BECOME 13
876+PART OF THE ANNUAL R EPORT OF THE COMMISSION. 14
975877
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.
878+ H. QUALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION . 15
979879
980- H. ANY INFORMAT ION SUBMITTED TO THE DATA SYSTEM THAT IS
981-SUBSEQUENTLY EXPUNGE D PURSUANT TO FEDERA L LAW OR THE LAWS OF THE WES MOORE, Governor Ch. 329
880+ 1. THE MEMBERS , OFFICERS, EXECUTIVE DIRECTOR , EMPLOYEES 16
881+AND REPRESENTATIVES OF THE COMMISSION SHALL BE I MMUNE FROM SUIT AND 17
882+LIABILITY, BOTH PERSONA LLY AND IN THEIR OFF ICIAL CAPACITY, FOR ANY CLAIM 18
883+FOR DAMAGE TO OR LOS S OF PROPERTY OR PER SONAL INJURY OR OTHE R CIVIL 19
884+LIABILITY CAUSED BY OR ARISING OUT OF AN Y ACTUAL OR ALLEGED ACT, ERROR, 20
885+OR OMISSION THAT OCC URRED, OR THAT THE PERSON A GAINST WHOM THE CLA IM 21
886+IS MADE HAD A REASON ABLE BASIS FOR BELIE VING OCCURRED WITHIN THE SCOPE 22
887+OF COMMISSION EMPLOYMENT , DUTIES OR RESPONSIBI LITIES; PROVIDED THAT 23
888+NOTHING IN THIS PARA GRAPH MAY BE CONSTRU ED TO PROTECT ANY SU CH PERSON 24
889+FROM SUIT OR LIABILI TY FOR ANY DAMAGE , LOSS, INJURY, OR LIABILITY CAUSED BY 25
890+THE INTENTIONAL OR W ILLFUL OR WANTON MIS CONDUCT OF THAT PERS ON. THE 26
891+PROCUREMENT OF INSUR ANCE OF ANY TYPE BY THE COMMISSION MAY NOT IN ANY 27
892+WAY COMPROMISE OR LI MIT THE IMMUNITY GRA NTED HEREUNDER . 28
982893
983-– 23 –
984-MEMBER STATE CONTRIBUTING TH E INFORMATION SHALL BE REMOVED FROM THE
985-DATA SYSTEM.
894+ 2. THE COMMISSION SHALL DEF END ANY MEMBER , OFFICER, 29
895+EXECUTIVE DIRECTOR , EMPLOYEE, AND REPRESENTATIVE O F THE COMMISSION IN 30
896+ANY CIVIL ACTION SEE KING TO IMPOSE LIABI LITY ARISING OUT OF ANY ACTUAL OR 31
897+ALLEGED ACT , ERROR, OR OMISSION THAT OCC URRED WITHIN THE SCO PE OF 32
898+COMMISSION EMPLOYMENT , DUTIES, OR RESPONSIBILITIES , OR AS DETERMINED BY 33
899+THE COMMISSION THAT THE P ERSON AGAINST WHOM T HE CLAIM IS MADE HAD A 34
900+REASONABLE BASIS FOR BELIEVING OCCURRED W ITHIN THE SCOPE OF 35
901+COMMISSION EMPLOYMENT , DUTIES, OR RESPONSIBILITIES ; PROVIDED THAT 36
902+NOTHING HER EIN MAY BE CONSTRUED TO PROHIBIT THAT PER SON FROM 37
903+RETAINING THEIR OWN COUNSEL AT THEIR OWN EXPENSE; AND PROVIDED FURTHER 38 SENATE BILL 27 21
986904
987-ARTICLE 11. RULEMAKING .
988905
989- A. THE COMMISSION SHALL PROM ULGATE REASONA BLE 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 U NDER THE COMPACT, OR BASED UPON
996-ANOTHER APPLICABLE S TANDARD OF REVIEW .
906+THAT THE ACTUAL OR A LLEGED ACT, ERROR, OR OMISSION DID NOT RESULT FROM 1
907+THAT PERSON ’S INTENTIONAL OR WIL LFUL OR WANTON MISCO NDUCT. 2
997908
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.
909+ 3. THE COMMISSION SHALL INDE MNIFY AND HOLD HARML ESS ANY 3
910+MEMBER, OFFICER, EXECUTIVE DIRECTOR , EMPLOYEE, AND REPRESENTATIVE O F 4
911+THE COMMISSION FOR THE AM OUNT OF ANY SETTLEME NT OR JUDGMENT OBTAI NED 5
912+AGAINST THAT PERSON ARISING OUT OF ANY A CTUAL OR ALLEGED ACT , ERROR, OR 6
913+OMISSION THAT OCCURR ED WITHIN THE SCOPE OF COMMISSION EMPLOYMENT , 7
914+DUTIES, OR RESPONSIBILITIES , OR THAT SUCH PERSON HAD A REASONABLE BAS IS 8
915+FOR BELIEVING OCCURR ED WITHIN THE SCOPE OF COMMISSION EMPLOYMENT , 9
916+DUTIES, OR RESPONSIBILITIES ; PROVIDED THAT T HE ACTUAL OR ALLEGED ACT, 10
917+ERROR, OR OMISSION DID NOT RESULT FROM THE INTE NTIONAL OR WILLFUL O R 11
918+WANTON MISCONDUCT OF THAT PERSON . 12
1005919
1006- C. THE COMMISSION SHALL EXER CISE ITS RULEMAKING POWERS
1007-PURSUANT TO THE CRIT ERIA SET FORTH IN TH IS ARTICLE AND THE RULES
1008-ADOPTED THEREUNDER . RULES SHALL BECOME BI NDING AS OF THE DATE
1009-SPECIFIED BY THE COMMISSION FOR EACH RULE.
920+ 4. NOTHING HEREIN SHALL BE CONSTRUED AS A LI MITATION ON 13
921+THE LIABILITY OF ANY LICENSEE FOR PROFESSI ONAL MALPRACTICE OR 14
922+MISCONDUCT , WHICH SHALL BE GOVER NED SOLELY BY ANY OT HER APPLICABLE 15
923+STATE LAWS. 16
1010924
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.
925+ 5. NOTHING IN THIS COMPACT SHALL BE INTE RPRETED TO WAIVE 17
926+OR OTHERWISE ABROGATE A MEMBER STATE’S STATE ACTION IMMUNITY OR STATE 18
927+ACTION AFFIRMATIVE D EFENSE WITH RESPECT TO ANTITRUST CLAIMS UNDER THE 19
928+FEDERAL SHERMAN ACT, FEDERAL CLAYTON ACT, OR ANY OTHER STATE OR 20
929+FEDERAL ANTITRUST OR ANTICOMPETITIVE LAW OR REGULATIO N. 21
1017930
1018- E. RULES SHALL BE ADOPTE D AT A REGULAR OR SP ECIAL MEETING OF THE
1019-COMMISSION.
931+ 6. NOTHING IN THIS COMPACT SHALL BE CONS TRUED TO BE A 22
932+WAIVER OF SOVEREIGN IMMUNITY BY THE MEMBER STATES OR BY THE 23
933+COMMISSION. 24
1020934
1021- F. PRIOR TO THE ADOPTION OF A PROPOSED RULE, THE COMMISSION
1022-SHALL HOLD A PUBLIC HEARING AND A LLOW PERSONS TO PROV IDE ORAL AND
1023-WRITTEN COMMENTS , DATA, FACTS, OPINIONS, AND ARGUMENTS .
935+ARTICLE 10. DATA SYSTEM. 25
1024936
1025- G. PRIOR TO THE ADOPTION OF A PROPOSED RULE BY THE COMMISSION,
1026-AND AT LEAST 30 DAYS IN ADVANCE OF T HE MEETING AT WHICH THE COMMISSION Ch. 329 2024 LAWS OF MARYLAND
937+ A. THE COMMISSION SHALL PROV IDE FOR THE DEVELOPM ENT, 26
938+MAINTENANCE , OPERATION, AND UTILIZATION O F A COORDINATED DATA BASE AND 27
939+REPORTING SYSTEM . 28
1027940
1028-– 24 –
1029-WILL HOLD A PUBLIC HEARING ON THE PROPOSED RULE, THE COMMISSION SHALL
1030-PROVIDE A NOTICE OF PROPOSED RULEMAKING :
941+ B. THE COMMISSION SHALL ASSI GN EACH APPLICANT FO R A MULTISTATE 29
942+LICENSE A UNIQUE IDEN TIFIER, AS DETERMINED BY THE RULES OF THE 30
943+COMMISSION. 31
1031944
1032- 1. ON THE WEBSITE OF THE COMMISSION OR OTHER P UBLICLY
1033-ACCESSIBLE PLATFORM ;
945+ C. NOTWITHSTANDING ANY O THER PROVISION OF STATE LAW TO THE 32
946+CONTRARY, A MEMBER STATE SHALL SUBMIT A UNIFORM DATA SET TO THE DATA 33
947+SYSTEM ON ALL INDIVID UALS TO WHOM THIS COMPACT IS APPLICABLE AS 34
948+REQUIRED BY THE RULES OF THE COMMISSION, INCLUDING: 35 22 SENATE BILL 27
1034949
1035- 2. TO PERSONS WHO HAVE R EQUESTED NOTICE OF T HE
1036-COMMISSION’S NOTICES OF PR OPOSED RULEMAKING ; AND
1037950
1038- 3. IN ANY SUCH WAY THE COMMISSION MAY BY RULE SPECIFY.
1039951
1040- H. THE NOTICE OF PROPOSE D RULEMAKING SHALL I NCLUDE:
952+ 1. IDENTIFYING INFORMATI ON; 1
1041953
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;
954+ 2. LICENSURE DATA ; 2
1046955
1047- 2. IF THE HEARING IS HEL D VIA TELECOMMUNICAT ION, VIDEO
1048-CONFERENCE , OR OTHER ELECTRONIC MEANS, THE COMMISSION SHAL L INCLUDE
1049-THE MECHANISM FOR AC CESS TO THE HEARING IN THE NOTICE OF PRO POSED
1050-RULEMAKING ;
956+ 3. ADVERSE ACTIONS AGAINST A LICENSE AND R ELATED THERETO ; 3
1051957
1052- 3. THE TEXT OF THE PROPO SED RULE AND THE REASON T HEREFOR;
958+ 4. NON–CONFIDENTIAL INFORMA TION RELATED TO ALTERNATIVE 4
959+PROGRAM PARTICIPATION , THE BEGINNING AND EN DING DATES OF SUCH 5
960+PARTICIPATION , AND OTHER INFORMATIO N RELATED TO SUCH PA RTICIPATION; 6
1053961
1054- 4. A REQUEST FOR COMMENTS ON THE PROPOSED RULE FROM ANY
1055-INTERESTED PERSON ; AND
962+ 5. ANY DENIAL OF APPLICA TION FOR LICENSURE AND TH E REASON 7
963+FOR THE DENIAL (EXCLUDING THE REPORT ING OF ANY CRIMINAL HISTORY RECORD 8
964+INFORMATION WHERE PR OHIBITED BY LAW ); 9
1056965
1057- 5. THE MANNER IN WHICH INTERESTED PER SONS MAY SUBMIT
1058-WRITTEN COMMENTS .
966+ 6. THE EXISTENCE OF INVESTIGATIVE INFORMATION ; 10
1059967
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 .
968+ 7. THE EXISTENCE OF CURRENT SIGNIFICANT INVESTIGATIVE 11
969+INFORMATION ; AND 12
1063970
1064- J. NOTHING IN THIS ARTICLE MAY BE CONSTR UED AS REQUIRING 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.
971+ 8. OTHER INFORMATION THA T MAY FACILITATE THE 13
972+ADMINISTRATION OF TH IS COMPACT OR THE PROTEC TION OF THE PUBLIC , AS 14
973+DETERMINED BY THE RULES OF THE COMMISSION. 15
1067974
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. 329
975+ D. THE RECORDS AND INFOR MATION PROVIDED TO A MEMBER STATE 16
976+PURSUANT TO THIS COMPACT OR THROUGH TH E DATA SYSTEM, WHEN CERTIFIED 17
977+BY THE COMMISSION OR AN AGEN T THEREOF , SHALL CONSTITUTE THE 18
978+AUTHENTICATED BUSINE SS RECORDS OF THE COMMISSION, AND SHALL BE 19
979+ENTITLED TO ANY ASSO CIATED HEARSA Y EXCEPTION IN ANY R ELEVANT JUDICIAL , 20
980+QUASI–JUDICIAL OR ADMINIST RATIVE PROCEEDINGS I N A MEMBER STATE. 21
1071981
1072-– 25 –
982+ E. THE EXISTENCE OF CURRENT SIGNIFICANT INVESTIGATIVE 22
983+INFORMATION AND THE E XISTENCE OF INVESTIGATIVE INFORMATION PERTAININ G 23
984+TO A LICENSEE IN ANY MEMBER STATE WILL ONLY BE AV AILABLE TO OTHER 24
985+MEMBER STATES. 25
1073986
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.
987+ F. IT IS THE RESPONSIBIL ITY OF THE MEMBER STATES TO MONITOR THE 26
988+DATABASE TO DETERMIN E WHETHER ADVERSE ACTION HAS BEEN TAKEN AGAINST 27
989+SUCH A LICENSEE OR LICENSE A PPLICANT. ADVERSE ACTION INFORMATION 28
990+PERTAINING TO A LICENSEE OR LICENSE A PPLICANT IN ANY MEMBER STATE WILL 29
991+BE AVAILABLE TO ANY OTHER MEMBER STATE. 30
1077992
1078- 2. THE COMMISSION SHALL P ROVIDE AN EXPLANATIO N 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 .
993+ G. MEMBER STATES CONTRIBUTING I NFORMATION TO THE DATA SYSTEM 31 SENATE BILL 27 23
1082994
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.
1087995
1088- L. UPON A DETERMINATION THAT AN EMERGENCY EX ISTS, THE
1089-COMMISSION MAY CONSIDER AN D ADOPT AN EMERGENCY 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 BE
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:
996+MAY DESIGNATE INFORM ATION THAT MAY NOT B E SHARED WITH THE PU BLIC 1
997+WITHOUT THE EXPRES S PERMISSION OF THE CONTRIBUTING STATE. 2
1096998
1097- 1. MEET AN IMMINENT THRE AT TO PUBLIC HEALTH , SAFETY, OR
1098-WELFARE;
999+ H. ANY INFORMATION SUBMI TTED TO THE DATA SYSTEM THAT IS 3
1000+SUBSEQUENTLY EXPUNGE D PURSUANT TO FEDERA L LAW OR THE LAWS OF THE 4
1001+MEMBER STATE CONTRIBUTING TH E INFORMATION SHALL BE REMOVED FROM THE 5
1002+DATA SYSTEM. 6
10991003
1100- 2. PREVENT A LOSS O F COMMISSION OR MEMBER STATE FUNDS;
1004+ARTICLE 11. RULEMAKING . 7
11011005
1102- 3. MEET A DEADLINE FOR T HE PROMULGATION OF A RULE THAT IS
1103-ESTABLISHED BY FEDER AL LAW OR RULE ; OR
1006+ A. THE COMMISSION SHALL PROM ULGATE REASONABLE RULES IN ORDER 8
1007+TO EFFECTIVELY AND E FFICIENTLY IMPLEMENT AND ADMINISTER THE P URPOSES 9
1008+AND PROVISIONS OF TH E COMPACT. A RULE SHALL BE INVALID AND HAVE NO 10
1009+FORCE OR EFFECT ONLY IF A COURT OF COMPET ENT JURISDICTION HOLDS T HAT 11
1010+THE RULE IS INVALID BECAU SE THE COMMISSION EXERCISED ITS RULEMAKING 12
1011+AUTHORITY IN A MANNE R THAT IS BEYOND THE SCOPE AND PURPOSES O F THE 13
1012+COMPACT, THE POWERS GRANTED U NDER THE COMPACT, OR BASED UPON 14
1013+ANOTHER APPLICABLE S TANDARD OF REVI EW. 15
11041014
1105- 4. PROTECT PUBLIC HEALTH AND SAFETY.
1015+ B. THE RULES OF THE COMMISSION SHALL HAVE THE FORCE OF LAW IN 16
1016+EACH MEMBER STATE, PROVIDED HOWEVER THA T WHERE THE RULES OF THE 17
1017+COMMISSION CONFLICT W ITH THE LAWS OF THE MEMBER STATE THAT ESTABLISH 18
1018+THE MEMBER STATE’S SCOPE OF PRACTICE LAWS GOVERNING TH E PRACTICE OF 19
1019+COSMETOLOGY AS HELD B Y A COURT OF COMPETE NT JURISDICTION , THE RULES OF 20
1020+THE COMMISSION SHALL BE I NEFFECTIVE IN THAT STATE TO THE EXTENT O F THE 21
1021+CONFLICT. 22
11061022
1107- M. THE COMMISSION OR AN AUTH ORIZED COMMITTEE OF THE
1108-COMMISSION MAY DIRECT REVISIONS TO A PREVIOU SLY 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 P OSTED ON THE WEBSITE OF THE COMMISSION. THE REVISION
1112-SHALL BE SUB JECT TO CHALLENGE BY ANY PERSON FOR A PER IOD 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 T HE END OF THE Ch. 329 2024 LAWS OF MARYLAND
1023+ C. THE COMMISSION SHALL EXER CISE ITS RULEMAKING POWERS 23
1024+PURSUANT TO THE CRIT ERIA SET FORTH IN TH IS ARTICLE AND THE RULES 24
1025+ADOPTED THEREUNDER . RULES SHALL BECOME BI NDING AS OF THE DATE 25
1026+SPECIFIED BY THE COMMISSION FOR EACH RULE. 26
11161027
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 WITH OUT THE APPROVAL OF THE COMMISSION.
1028+ D. IF A MAJORITY OF THE LEGISLATURES OF THE MEMBER STATES 27
1029+REJECTS A RULE OR PORTION OF A RULE, BY ENACTMENT OF A ST ATUTE OR 28
1030+RESOLUTION IN THE SA ME MANNER USED TO AD OPT THE COMPACT WITHIN 4 YEARS 29
1031+OF THE DATE OF ADOPT ION OF THE RULE, THEN THE RULE MAY NOT HAVE FUR THER 30
1032+FORCE AND EFFECT IN ANY MEMBER STATE OR TO ANY STATE APPLYING TO 31
1033+PARTICIPATE IN THE COMPACT. 32
11211034
1122- N. NO MEMBER STATE’S RULEMAKING REQUIRE MENTS MAY APPLY UNDE R
1123-THIS COMPACT.
1035+ E. RULES SHALL BE ADOPTE D AT A REGULAR OR SP ECIAL MEETING OF THE 33
1036+COMMISSION. 34
11241037
1125-ARTICLE 12. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT .
1038+ F. PRIOR TO THE ADOPTION OF A PROPOSED RULE, THE COMMISSION 35 24 SENATE BILL 27
11261039
1127- A. OVERSIGHT.
11281040
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.
1041+SHALL HOLD A PUBLIC HEARING AND ALLOW PE RSONS TO PROVIDE ORA L AND 1
1042+WRITTEN COMMENTS , DATA, FACTS, OPINIONS, AND ARGUMENTS . 2
11321043
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 LIMIT
1139-THE SELECTION OR PRO PRIETY OF VENUE IN ANY ACTION A GAINST A LICENSEE FOR
1140-PROFESSIONAL MALPRAC TICE, MISCONDUCT OR ANY SU CH SIMILAR MATTER .
1044+ G. PRIOR TO THE ADOPTION OF A PROPOSED RULE BY THE COMMISSION, 3
1045+AND AT LEAST 30 DAYS IN ADVANCE OF T HE MEETING AT WHICH THE COMMISSION 4
1046+WILL HOLD A PUBLIC H EARING ON THE PROPOS ED RULE, THE COMMISSION SHALL 5
1047+PROVIDE A NOTICE OF PROPOSED RULEMAKING : 6
11411048
1142- 3. THE COMMISSION SHALL BE E NTITLED TO RECEIVE S ERVICE OF
1143-PROCESS IN ANY PROCE EDING REGARDING THE ENFORCEMENT OR
1144-INTERPRETATION OF TH E COMPACT AN D SHALL HAVE STANDIN G TO INTERVENE 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.
1049+ 1. ON THE WEBSITE OF THE COMMISSION OR OTHER P UBLICLY 7
1050+ACCESSIBLE PLATFORM ; 8
11481051
1149- B. DEFAULT, TECHNICAL ASSISTANCE, AND TERMINATION.
1052+ 2. TO PERSONS WHO HAVE R EQUESTED NOTICE OF T HE 9
1053+COMMISSION’S NOTICES OF PROPOSE D RULEMAKING ; AND 10
11501054
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 ASSISTAN CE REGARDING THE DEF AULT.
1055+ 3. IN ANY SUCH WAY THE COMMISSION MAY BY RULE SPECIFY. 11
11581056
1159- 2. THE COMMISSION SHAL L PROVIDE A COPY OF THE NOTICE OF WES MOORE, Governor Ch. 329
1057+ H. THE NOTICE OF PROPOSE D RULEMAKING SHALL I NCLUDE: 12
11601058
1161-– 27 –
1162-DEFAULT TO THE OTHER MEMBER STATES.
1059+ 1. THE TIME, DATE, AND LOCATION OF THE PUBLIC HEARING AT 13
1060+WHICH THE COMMISSION WILL HEAR PUBLIC COMMENTS ON T HE PROPOSED RULE 14
1061+AND, IF DIFFERENT, THE TIME, DATE, AND LOCATION OF THE MEETING WHERE THE 15
1062+COMMISSION WILL CONSI DER AND VOTE ON THE PROPOSED RULE; 16
11631063
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 MAJORITY OF THE DE LEGATES 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.
1064+ 2. IF THE HEARING IS HEL D VIA TELECOMMUNICAT ION, VIDEO 17
1065+CONFERENCE , OR OTHER ELECTRONIC MEANS, THE COMMISSION SHALL INCL UDE 18
1066+THE MECHANISM FOR AC CESS TO THE HEARING IN THE NOTICE OF PRO POSED 19
1067+RULEMAKING ; 20
11711068
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 M INORITY 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.
1069+ 3. THE TEXT OF THE PROPO SED RULE AND THE REASON T HEREFOR; 21
11791070
1180- 5. A STATE THAT HAS BEEN T ERMINATED IS RESPONS IBLE FOR ALL
1181-ASSESSMENTS , OBLIGATIONS, AND LIABILITIES INCURRED THROUGH THE
1182-EFFECTIVE DATE OF TE RMINATION, INCLUDING OBLIGATION S THAT EXTEND
1183-BEYOND THE EFFECTIVE DATE OF TERMINATION .
1071+ 4. A REQUEST FOR COMMENTS ON THE PROPOSED RULE FROM ANY 22
1072+INTERESTED PERSON ; AND 23
11841073
1185- 6. UPON THE TERMINATION OF A STATE’S MEMBERSHIP FROM TH IS
1186-COMPACT, THAT STATE SHALL IMMEDIATE LY PROVIDE NOTICE TO ALL LICENSEES
1187-WHO HOLD A MULTISTATE LICENSE WITHIN THAT STATE OF SUCH TERMINA TION.
1188-THE TERMINATED STATE SHALL CONTINUE TO RECOGNIZE ALL LIC ENSES GRANTED
1189-PURSUANT TO THIS COMPACT FOR A MINIMUM OF 180 DAYS AFTER THE DATE OF
1190-SAID NOTICE OF TERMI NATION.
1074+ 5. THE MANNER IN WHICH I NTERESTED PERSONS MA Y SUBMIT 24
1075+WRITTEN COMMENTS . 25
11911076
1192- 7. THE COMMISSION MAY NOT BE AR ANY COSTS RELATED 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.
1077+ I. ALL HEARINGS SHALL BE RECORDED. A COPY OF THE RECORDIN G AND 26
1078+ALL WRITTEN COMMENTS AND DOCUMENTS RECEIV ED BY THE COMMISSION IN 27
1079+RESPONSE TO THE PROPOSED RULE SHALL BE AVAILAB LE TO THE PUBLIC . 28
11961080
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 REASO NABLE ATTORNEY ’S FEES.
1081+ J. NOTHING IN THIS ARTICLE MAY BE CONSTR UED AS REQUIRING A 29
1082+SEPARATE HEARING ON EACH RULE. RULES MAY BE GROUPED FOR THE 30
1083+CONVENIENCE OF THE COMMISSION AT HEARING S REQUIRED BY THIS ARTICLE. 31 SENATE BILL 27 25
12021084
1203- C. DISPUTE RESOLUTION.
1204- Ch. 329 2024 LAWS OF MARYLAND
12051085
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.
12101086
1211- 2. THE COMMISSION SHAL L PROMULGATE A RULE PROVIDING FOR
1212-BOTH MEDIATION AND B INDING DISPUTE RESOL UTION FOR DISPUTES A S
1213-APPROPRIATE .
1087+ K. THE COMMISSION SHALL , BY MAJORITY VOTE OF ALL MEMBERS , TAKE 1
1088+FINAL ACTION ON THE PROPOSED RULE BASED ON THE RUL EMAKING RECORD AND 2
1089+THE FULL TEXT OF THE RULE. 3
12141090
1215- D. ENFORCEMENT .
1091+ 1. THE COMMISSION MAY ADOPT CHANGES TO THE PROPO SED RULE 4
1092+PROVIDED THE CHANGES DO NOT ENLARGE THE O RIGINAL PURPOSE OF T HE 5
1093+PROPOSED RULE. 6
12161094
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.
1095+ 2. THE COMMISSION SHALL PROV IDE AN EXPLANATION O F THE 7
1096+REASONS FOR SUBSTANT IVE CHANGES MADE TO THE PROPOSED RULE AS WELL AS 8
1097+REASONS FOR SUBSTANT IVE CHANGES NOT MADE THAT WERE RECOMMENDED BY 9
1098+COMMENTERS . 10
12201099
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 INJUNCTIVE
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 LITIGATI ON,
1229-INCLUDING REASONABLE ATTORNEY’S FEES. THE REMEDIES HEREIN M AY 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.
1100+ 3. THE COMMISSION SHALL DETE RMINE A REASONABLE E FFECTIVE 11
1101+DATE FOR THE RULE. EXCEPT FOR AN EMERGEN CY AS PROVIDED IN ARTICLE 11.L., 12
1102+THE EFFECTIVE DATE O F THE RULE SHALL BE NO SOON ER THAN 45 DAYS AFTER THE 13
1103+COMMISSION ISSUING TH E NOTICE THAT IT ADOPT ED OR AMENDED THE RULE. 14
12331104
1234- 3. A MEMBER STATE MAY INITIATE LE GAL ACTION AGAINST T HE
1235-COMMISSION IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF
1236-COLUMBIA OR THE FEDERAL DISTRICT WHERE THE COMMISSION HAS ITS
1237-PRINCIPAL OFFICES TO ENFORCE COMPLIANCE W ITH THE PROVISIONS O F THE
1238-COMPACT AND ITS PROMU LGATED 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.
1105+ L. UPON A DETERMINATION THAT AN EMERGENCY EX ISTS, THE 15
1106+COMMISSION MAY CONSID ER AND ADOPT AN EMER GENCY RULE WITHIN 5 DAYS, 16
1107+WITH OPPORTUNITY TO COMMENT, PROVIDED THAT THE US UAL RULEMAKING 17
1108+PROCEDURES PROVIDED IN THE COMPACT AND IN THIS ARTICLE SHALL BE 18
1109+RETROACTIVELY APPLIE D TO THE RULE AS SOON AS REASO NABLY POSSIBLE , IN NO 19
1110+EVENT LATER THAN 90 DAYS AFTER THE EFFEC TIVE DATE OF THE RULE. FOR THE 20
1111+PURPOSES OF THIS PRO VISION, AN EMERGENCY RULE IS ONE THAT MUST BE 21
1112+ADOPTED IMMEDIATELY TO : 22
12421113
1243- 4. NO INDIVIDUAL OR ENTI TY OTHER THAN A MEMBER STATE MAY
1244-ENFORCE THIS COMPACT AGAINST THE COMMISSION.
1114+ 1. MEET AN IMMINENT THRE AT TO PUBLIC HEALTH , SAFETY, OR 23
1115+WELFARE; 24
12451116
1246-ARTICLE 13. EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT .
1117+ 2. PREVENT A LOSS OF COMMISSION OR MEMBER STATE FUNDS; 25
12471118
1248- A. THE COMPACT SHALL COME IN TO EFFECT ON THE DAT E ON WHICH THE WES MOORE, Governor Ch. 329
1119+ 3. MEET A DEADLINE FOR T HE PROMULGATION OF A RULE THAT IS 26
1120+ESTABLISHED BY FEDER AL LAW OR RULE ; OR 27
12491121
1250-– 29 –
1251-COMPACT STATUTE IS EN ACTED INTO LAW IN TH E SEVENTH MEMBER STATE.
1122+ 4. PROTECT PUBLIC HEALTH AND SAFETY. 28
12521123
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 .
1124+ M. THE COMMISSION OR AN AUTH ORIZED COMMITTEE OF THE 29
1125+COMMISSION MAY DIRECT REVISIONS TO A PREVI OUSLY ADOPTED RULE FOR 30
1126+PURPOSES OF CORRECTI NG TYPOGRAPHICAL ERR ORS, ERRORS IN FORMAT , 31
1127+ERRORS IN CONSISTENC Y, OR GRAMMATICAL ERROR S. PUBLIC NOTICE OF ANY 32
1128+REVISIONS SHALL BE P OSTED ON THE WEBSITE OF THE COMMISSION. THE REVISION 33 26 SENATE BILL 27
12581129
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.
12621130
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.
1131+SHALL BE SUBJECT TO CHALLENGE BY ANY PER SON FOR A PERIOD OF 30 DAYS 1
1132+AFTER POSTING . THE REVISION MAY BE C HALLENGED ONLY ON GR OUNDS THAT THE 2
1133+REVISION RESULTS IN A MATERIAL CHANGE TO A RULE. A CHALLENGE SHALL BE 3
1134+MADE IN WRITING AND DELIVERED TO THE COMMISSION PRIOR TO T HE END OF THE 4
1135+NOTICE PERIOD . IF NO CHALLENGE IS MA DE, THE REVISION WILL TA KE EFFECT 5
1136+WITHOUT FURTHER ACTI ON. IF THE REVISION IS CH ALLENGED, THE REVISION MAY 6
1137+NOT TAKE EFFECT WITH OUT THE APPROVAL OF THE COMMISSION. 7
12671138
1268- 2. MEMBER STATES ENACTING THE COMPACT SUBSEQUENT TO THE
1269-CHARTER MEMBER STATES SHALL BE SU BJECT TO THE PROCESS SET 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.
1139+ N. NO MEMBER STATE’S RULEMAKING REQUIRE MENTS MAY APPLY UNDE R 8
1140+THIS COMPACT. 9
12731141
1274- 3. ALL ACTIONS TAKEN FOR THE BENEFIT OF THE COMMISSION OR
1275-IN FURTHERANCE OF TH E PURPOSES OF THE AD MINISTRATION OF THE COMPACT
1276-PRIOR TO THE EFFECTI VE DATE OF 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.
1142+ARTICLE 12. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT . 10
12791143
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 AN D
1284-EFFECT OF LAW ON THE DAY THE COMPACT BECOMES LAW I N THAT STATE.
1144+ A. OVERSIGHT. 11
12851145
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.
1146+ 1. THE EXECUTIVE AND JUD ICIAL BRAN CHES OF STATE 12
1147+GOVERNMENT IN EACH MEMBER STATE SHALL ENFORCE T HIS COMPACT AND TAKE 13
1148+ALL ACTIONS NECESSAR Y AND APPROPRIATE TO IMPLEMENT THE COMPACT. 14
12881149
1289- 1. A MEMBER STATE’S WITHDRAWAL MAY NOT TAKE EFFECT UNTIL
1290-180 DAYS AFTER ENACTMENT OF THE REPEALING STA TUTE.
1150+ 2. VENUE IS PROPER AND J UDICIAL PROCEEDINGS BY OR AGAINST 15
1151+THE COMMISSION SHALL BE B ROUGHT SOLELY AND EX CLUSIVELY IN A COURT OF 16
1152+COMPETENT JURISDICTI ON WHERE THE PRINCIP AL OFFICE OF THE COMMISSION IS 17
1153+LOCATED. THE COMMISSION MAY WAIVE VENUE AND JURISDICTI ONAL DEFENSES 18
1154+TO THE EXTENT IT ADO PTS OR CONSENTS TO P ARTICIPATE IN ALTERN ATIVE 19
1155+DISPUTE RESOLUTION P ROCEEDINGS . NOTHING HEREIN SHALL AFFECT OR LIMIT 20
1156+THE SELECTION OR PRO PRIETY OF VENUE IN A NY ACTION AGAINST A LICENSEE FOR 21
1157+PROFESSIONAL MALPRAC TICE, MISCONDUCT OR A NY SUCH SIMILAR MATT ER. 22
12911158
1292- 2. WITHDRAWAL MAY NOT AF FECT THE CONTINUING REQUIREMENT
1293-OF THE WITHDRAWING STATE’S STATE LICENSING AUTHORITY TO COMPLY W ITH Ch. 329 2024 LAWS OF MARYLAND
1159+ 3. THE COMMISSION SHALL BE E NTITLED TO RECEIVE S ERVICE OF 23
1160+PROCESS IN ANY PROCE EDING REGARDING THE ENFORCEMENT OR 24
1161+INTERPRETATION OF TH E COMPACT AND SHALL HAV E STANDING TO INTERV ENE IN 25
1162+SUCH A PROCEEDING FO R ALL PURPOSES . FAILURE TO PROVIDE THE COMMISSION 26
1163+SERVICE OF PROCESS S HALL RENDER A JUDGME NT OR ORDER VOID AS TO THE 27
1164+COMMISSION, THIS COMPACT, OR PROMULGATED RULES. 28
12941165
1295-– 30 –
1296-THE INVESTIGATIVE AN D ADVERSE ACTION REPORTING REQU IREMENTS OF THIS
1297-COMPACT BEFORE THE EFFECTIVE DATE O F WITHDRAWAL .
1166+ B. DEFAULT, TECHNICAL ASSISTANCE, AND TERMINATION. 29
12981167
1299- 3. UPON THE ENACTMENT OF A STATUTE WITHDRAWIN G FROM 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 WIT HDRAWAL.
1168+ 1. IF THE COMMISSION DETERMINES THAT A MEMBER STATE HAS 30
1169+DEFAULTED IN THE PERFORM ANCE OF ITS OBLIGATI ONS OR RESPONSIBILIT IES 31
1170+UNDER THIS COMPACT OR THE PROMUL GATED RULES, THE COMMISSION SHALL 32
1171+PROVIDE WRITTEN NOTI CE TO THE DEFAULTING STATE. THE NOTICE OF DEFAULT 33
1172+SHALL DESCRIBE THE D EFAULT, THE PROPOSED MEANS O F CURING THE DEFAULT , 34
1173+AND ANY OTHER ACTION THAT THE COMMISSION MAY TAKE , AND SHALL OFFER 35 SENATE BILL 27 27
13051174
1306- C. NOTHING CONTAINED IN THIS COMPACT MAY BE CONSTR UED TO
1307-INVALIDATE OR PREV ENT ANY LICENSURE AG REEMENT OR OTHER COO PERATIVE
1308-ARRANGEMENT BETWEEN A MEMBER STATE AND A NON –MEMBER STATE THAT
1309-DOES NOT CONFLICT WI TH THE PROVISIONS OF THIS COMPACT.
13101175
1311- D. THIS COMPACT MAY BE AMENDE D BY THE MEMBER STATES. NO
1312-AMENDMENT TO THIS COMPACT SHAL L BECOME EFFECTIVE A ND BINDING UPON
1313-ANY MEMBER STATE UNTIL IT IS ENACTED INTO THE LAWS O F ALL MEMBER STATES.
1176+TRAINING AND SPECIFI C TECHNICAL ASSISTAN CE REGARDING THE DEF AULT. 1
13141177
1315-ARTICLE 14. CONSTRUCTION AND SEVERABILITY.
1178+ 2. THE COMMISSION SHALL PROV IDE A COPY OF THE NO TICE OF 2
1179+DEFAULT TO THE OTHER MEMBER STATES. 3
13161180
1317- A. THIS COMPACT AND THE COMMISSION’S RULEMAKING AUTHORI TY
1318-SHALL BE LIBERALLY C ONSTRUED SO AS TO EF FECTUATE THE PURPOSE S 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 CONS TRUED TO LIMIT THE COMMISSION’S RULEMAKING
1322-AUTHORITY SOLELY FOR THOSE PURPOSES .
1181+ 3. IF A STATE IN DEFAULT FAILS TO CURE THE DEFAULT , THE 4
1182+DEFAULTING STATE MAY BE TERMINAT ED FROM THE COMPACT AFTER AN 5
1183+AFFIRMATIVE VOTE OF A MAJORITY OF THE DE LEGATES OF THE MEMBER STATES, 6
1184+AND ALL RIGHTS , PRIVILEGES AND BENEF ITS CONFERRED ON THA T STATE BY THIS 7
1185+COMPACT MAY BE TERMINATED ON THE EFFECTIVE DATE O F TERMINATION . A CURE 8
1186+OF THE DEFAULT DOES NOT RELIEVE THE OFFE NDING STATE OF OBLIGATIONS OR 9
1187+LIABILITIES INCURRED DURING THE PERIOD OF DEFAULT. 10
13231188
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 JU RISDICTION TO BE CON TRARY TO THE CONSTIT UTION 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 THEREO F TO ANY OTHER GOVER NMENT, AGENCY, PERSON OR
1332-CIRCUMSTANCE MAY NOT BE AFFECTED.
1189+ 4. TERMINATION OF MEMBER SHIP IN THE COMPACT SHALL BE 11
1190+IMPOSED ONLY AF TER ALL OTHER MEANS OF SECURING COMPLIAN CE HAVE BEEN 12
1191+EXHAUSTED. NOTICE OF INTENT TO S USPEND OR TERMINATE SHALL BE GIVEN BY 13
1192+THE COMMISSION TO THE GOV ERNOR, THE MAJORITY AND MIN ORITY LEADERS OF 14
1193+THE DEFAULTING STATE’S LEGISLATURE , THE DEFAULTING STATE’S STATE 15
1194+LICENSING AUTHORITY AND EACH OF THE MEMBER STATES’ STATE LICENSING 16
1195+AUTHORITY. 17
13331196
1334- C. NOTWITHSTANDING ARTICLE 14.B., THE COMMISSION MAY DENY A
1335-STATE’S PARTICIPAT ION IN THE 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. 329
1197+ 5. A STATE THAT HAS BEEN T ERMINATED IS RESPONS IBLE FOR ALL 18
1198+ASSESSMENTS , OBLIGATIONS, AND LIABILITIES INCU RRED THROUGH THE 19
1199+EFFECTIVE DATE OF TE RMINATION, INCLUDING OBLIGATION S THAT EXTEND 20
1200+BEYOND THE EFFECTIVE DATE OF TERMINATION . 21
13381201
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 TH E CONSTITUTION OF AN Y
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 MATTER S.
1202+ 6. UPON THE TERMINATION OF A STATE’S MEMBERSHIP FROM TH IS 22
1203+COMPACT, THAT STATE SHALL IMMEDIATE LY PROVIDE NOTICE TO ALL LICENSEES 23
1204+WHO HOLD A MULTISTATE LICENSE WITHIN THAT STATE OF SUCH TERMINA TION. 24
1205+THE TERMINATED STATE SHALL CONTINUE TO RECOGNIZE ALL LIC ENSES GRANTED 25
1206+PURSUANT TO THIS COMPACT FOR A MINIMUM OF 180 DAYS AFTER THE DATE OF 26
1207+SAID NOTICE OF TERMI NATION. 27
13451208
1346-ARTICLE 15. CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS.
1209+ 7. THE COMMISSION MAY NOT BE AR ANY COSTS RELATED TO A 28
1210+STATE THAT IS FOUND T O BE IN DEFAULT OR THAT HAS BEE N TERMINATED FROM 29
1211+THE COMPACT, UNLESS AGREED UPON I N WRITING BETWEEN TH E COMMISSION AND 30
1212+THE DEFAULTING STATE. 31
13471213
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.
1214+ 8. THE DEFAULTING STATE MAY APPEAL THE ACTION OF THE 32
1215+COMMISSION BY PETITIO NING THE UNITED STATES DISTRICT COURT FOR THE 33
1216+DISTRICT OF COLUMBIA OR THE FEDER AL DISTRICT WHERE TH E COMMISSION HAS 34
1217+ITS PRINCIPAL OFFICE S. THE PREVAILING PARTY SHALL BE AWARDED ALL COSTS 35
1218+OF SUCH LITIGATION , INCLUDING REASONABLE ATTORNEY’S FEES. 36 28 SENATE BILL 27
13511219
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 .
13551220
1356- C. ALL PERMISSIBLE AGREE MENTS BETWEEN THE COMMISSION AND THE
1357-MEMBER STATES ARE BINDING IN ACCORDANCE WITH THEI R TERMS.
13581221
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.
1222+ C. DISPUTE RESOLUTION. 1
13631223
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.
1224+ 1. UPON REQUEST BY A MEMBER STATE, THE COMMISSION SHALL 2
1225+ATTEMPT TO RESOLVE D ISPUTES RELATED TO T HE COMPACT THAT ARISE AM ONG 3
1226+MEMBER STATES AND BETWEEN MEMBER AND NON –MEMBER STATES. 4
13661227
1367-Approved by the Governor, April 25, 2024.
1228+ 2. THE COMMISSION SHALL PROM ULGATE A RULE PROVIDING FOR 5
1229+BOTH MEDIATION AND B INDING DISPUTE RESOL UTION FOR DISPUTES A S 6
1230+APPROPRIATE . 7
1231+
1232+ D. ENFORCEMENT . 8
1233+
1234+ 1. THE COMMISSION, IN THE REASONABLE EX ERCISE OF ITS 9
1235+DISCRETION, SHALL ENFORCE THE PR OVISIONS OF THIS COMPACT AND THE 10
1236+COMMISSION’S RULES. 11
1237+
1238+ 2. BY MAJORITY VOTE AS P ROVIDED BY COMMISSION RULE, THE 12
1239+COMMISSION MAY INITIA TE LEGAL ACTION AGAI NST A MEMBER STATE IN DEFAULT 13
1240+IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA OR THE 14
1241+FEDERAL DISTRICT WHE RE THE COMMISSION HAS ITS PR INCIPAL OFFICES TO 15
1242+ENFORCE COMPLIANCE W ITH THE PROVISIONS O F THE COMPACT AND ITS 16
1243+PROMULGATED RULES. THE RELIEF SOUGHT MAY INCLUDE BOTH INJUNCTIVE 17
1244+RELIEF AND DAMAGES . IN THE EVENT JUDICIAL ENFORCEMENT IS NECES SARY, THE 18
1245+PREVAILING PARTY SHA LL BE AWARDED ALL CO STS OF SUCH LITIGATI ON, 19
1246+INCLUDING REASONABLE ATTORNEY’S FEES. THE REMEDIES HEREIN M AY NOT BE 20
1247+THE EXCLUSIVE REMEDI ES OF THE COMMISSION. THE COMMISSION MAY PURSUE 21
1248+ANY OTHER REMEDIES A VAILABLE UNDER FEDER AL OR THE DEFAULTING MEMBER 22
1249+STATE’S LAW. 23
1250+
1251+ 3. A MEMBER STATE MAY INITIATE LE GAL ACTION AGAINST T HE 24
1252+COMMISSION IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF 25
1253+COLUMBIA OR THE FEDERAL DISTRICT WHERE THE COMMISSION HAS ITS 26
1254+PRINCIPAL OFFICES TO ENFORCE COMPLIANCE W ITH THE PROVISIONS O F THE 27
1255+COMPACT AND ITS PROMU LGATED RULES. THE RELIEF SOUGHT MAY INCLUDE 28
1256+BOTH INJUNCTIVE RELI EF AND DAMAGES . IN THE EVENT JUDICIAL ENFORCEMENT 29
1257+IS NECESSARY, THE PREVAILING PARTY SHALL BE AWARDED ALL COSTS OF SUCH 30
1258+LITIGATION, INCLUDING REASONABLE ATTORNEY’S FEES. 31
1259+
1260+ 4. NO INDIVIDUAL OR ENTI TY OTHER THAN A MEMBER STATE MAY 32
1261+ENFORCE THIS COMPACT AGAINST THE COMMISSION. 33
1262+
1263+ARTICLE 13. EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT . 34 SENATE BILL 27 29
1264+
1265+
1266+
1267+ A. THE COMPACT SHALL COME IN TO EFFECT ON THE DAT E ON WHICH THE 1
1268+COMPACT STATUTE IS EN ACTED INTO LAW IN TH E SEVENTH MEMBER STATE. 2
1269+
1270+ 1. ON OR AFTER THE EFFEC TIVE DATE OF THE COMPACT, THE 3
1271+COMMISSION SHALL CONV ENE AND REVIEW THE E NACTMENT OF EACH OF THE 4
1272+CHARTER MEMBER STATES TO DETERMINE I F THE STATUTE ENACTE D BY EACH 5
1273+SUCH CHARTER MEMBER STATE IS MATERIALLY D IFFERENT THAN THE MO DEL 6
1274+COMPACT STATUTE . 7
1275+
1276+ A. A CHARTER MEMBER STATE WHOSE ENACTMENT IS FOUND 8
1277+TO BE MATERIALLY DIF FERENT FROM T HE MODEL COMPACT STATUTE SHALL BE 9
1278+ENTITLED TO THE DEFA ULT PROCESS SET FORT H IN ARTICLE 12. 10
1279+
1280+ B. IF ANY MEMBER STATE IS LATER FOUND TO BE IN DEFAULT, 11
1281+OR IS TERMINATED OR WITHDRAWS FROM THE COMPACT, THE COMMISSION SHALL 12
1282+REMAIN IN EXISTENCE AND THE COMPACT SHALL REMAIN IN EFFE CT EVEN IF THE 13
1283+NUMBER OF MEMBER STATES SHOULD BE LESS THAN 7. 14
1284+
1285+ 2. MEMBER STATES ENACTING THE COMPACT SUBSEQUENT TO THE 15
1286+CHARTER MEMBER STATES SHALL BE SUBJE CT TO THE PROCESS SE T FORTH IN 16
1287+ARTICLE 9.C.24. TO DETERMINE IF THEI R ENACTMENT S ARE MATERIALLY 17
1288+DIFFERENT FROM THE M ODEL COMPACT STATUTE AND W HETHER THEY QUALIFY 18
1289+FOR PARTICIPATION IN THE COMPACT. 19
1290+
1291+ 3. ALL ACTIONS TAKEN FOR THE BENEFIT OF THE COMMISSION OR 20
1292+IN FURTHERANCE OF TH E PURPOSES OF THE AD MINISTRATION OF THE COMPACT 21
1293+PRIOR TO THE EFFECTIVE DATE OF THE COMPACT OR THE COMMISSION COMING 22
1294+INTO EXISTENCE SHALL BE CONSIDERED TO BE ACTIONS OF THE COMMISSION 23
1295+UNLESS SPECIFICALLY REPUDIATED BY THE COMMISSION. 24
1296+
1297+ 4. ANY STATE THAT JOINS THE COMPACT SHALL BE SUBJ ECT TO 25
1298+THE COMMISSION’S RULES AND BYLAWS AS T HEY EXIST ON THE DAT E ON WHICH 26
1299+THE COMPACT BECOMES LAW I N THAT STATE. ANY RULE THAT HAS BEEN 27
1300+PREVIOUSLY ADOPTED B Y THE COMMISSION SHALL HAVE THE FULL FORCE AND 28
1301+EFFECT OF LAW ON THE DAY THE COMPACT BECOMES LAW I N THAT STATE. 29
1302+
1303+ B. ANY MEMBER STATE MAY WITHDRAW FR OM THIS COMPACT BY 30
1304+ENACTING A STATUTE R EPEALING THAT STATE’S ENACTMENT OF THE COMPACT. 31
1305+
1306+ 1. A MEMBER STATE’S WITHDRAWAL MAY NOT TAKE EFFECT UNTIL 32
1307+180 DAYS AFTER ENACTMENT OF THE REPEALING STATUTE . 33
1308+ 30 SENATE BILL 27
1309+
1310+
1311+ 2. WITHDRAWAL MAY NOT AF FECT THE CONTINUING REQUIREMENT 1
1312+OF THE WITHDRAWING STATE’S STATE LICENSING AUTHORITY TO COMPLY W ITH 2
1313+THE INVESTIGATIVE AN D ADVERSE ACTION REPORTING REQU IREMENTS OF THIS 3
1314+COMPACT BEFORE THE EF FECTIVE DATE OF WITH DRAWAL. 4
1315+
1316+ 3. UPON THE ENACTMENT OF A STATUTE WITHDRAWIN G FROM THIS 5
1317+COMPACT, A STATE SHALL IMMEDIATE LY PROVIDE NOTICE OF THE WITHDRAWAL 6
1318+TO ALL LICENSEES WITHIN THAT STATE. NOTWITHSTANDING ANY S UBSEQUENT 7
1319+STATUTORY ENACTMENT TO THE CONTR ARY, SUCH WITHDRAWING STATE SHALL 8
1320+CONTINUE TO RECOGNIZ E ALL LICENSES GRANT ED PURSUANT TO THIS COMPACT 9
1321+FOR A MINIMUM OF 180 DAYS AFTER THE DATE OF THE NOTICE OF WIT HDRAWAL. 10
1322+
1323+ C. NOTHING CONTAINED IN THIS COMPACT MAY BE CONSTR UED TO 11
1324+INVALIDATE OR PREVEN T ANY LICENSURE AGREEMENT OR OTHER COOPERATIVE 12
1325+ARRANGEMENT BETWEEN A MEMBER STATE AND A NON –MEMBER STATE THAT 13
1326+DOES NOT CONFLICT WI TH THE PROVISIONS OF THIS COMPACT. 14
1327+
1328+ D. THIS COMPACT MAY BE AMENDE D BY THE MEMBER STATES. NO 15
1329+AMENDMENT TO THIS COMPACT SHALL BECOM E EFFECTIVE AND BIND ING UPON 16
1330+ANY MEMBER STATE UNTIL IT IS ENACTED INTO THE LAWS O F ALL MEMBER STATES. 17
1331+
1332+ARTICLE 14. CONSTRUCTION AND SEVERABILITY. 18
1333+
1334+ A. THIS COMPACT AND THE COMMISSION’S RULEMAKING AUTHORI TY 19
1335+SHALL BE LIBERALLY C ONSTRUED SO AS TO EF FECTUATE THE PURPOSES AND THE 20
1336+IMPLEMENTATION AND A DMINISTRATION OF THE COMPACT. PROVISIONS OF THE 21
1337+COMPACT EXPRESSLY AUT HORIZING OR REQUIRIN G THE PROMULGATION O F 22
1338+RULES MAY NOT BE CONS TRUED TO LIMIT THE COMMISSION’S RULEMAKING 23
1339+AUTHORITY SOLELY FOR THOSE PURPOSES . 24
1340+
1341+ B. THE PROVISIONS OF THI S COMPACT SHALL BE SEVE RABLE AND IF ANY 25
1342+PHRASE, CLAUSE, SENTENCE OR PROVISIO N OF THIS COMPACT IS HELD BY A COURT 26
1343+OF COMPETENT JURISDI CTION TO BE CONTRARY TO THE CONSTITUTION OF ANY 27
1344+MEMBER STATE, A STATE SEEKING PARTICI PATION IN THE COMPACT, OR OF THE 28
1345+UNITED STATES, OR THE APPLICABILITY TO ANY GOVERNMENT , AGENCY, PERSON 29
1346+OR CIRCUMSTANCE IS H ELD TO BE UNCONSTITU TIONAL BY A COURT OF COMPETENT 30
1347+JURISDICTION, THE VALIDITY OF THE REMAINDER OF THIS COMPACT AND THE 31
1348+APPLICABILITY THEREO F TO ANY OTHER GOVERNMENT , AGENCY, PERSON OR 32
1349+CIRCUMSTANCE MAY NOT BE AFFECTED. 33
1350+
1351+ C. NOTWITHSTANDING ARTICLE 14.B., THE COMMISSION MAY DENY A 34
1352+STATE’S PARTICIPATION IN T HE COMPACT OR , IN ACCORDANCE WITH T HE 35
1353+REQUIREMENTS OF ARTICLE 12, TERMINATE A MEMBER STATE’S PARTICIPATION 36 SENATE BILL 27 31
1354+
1355+
1356+IN THE COMPACT, IF IT DETERMINES THA T A CONSTITUTIONAL R EQUIREMENT OF A 1
1357+MEMBER STATE IS A MATERIAL D EPARTURE FROM THE COMPACT. OTHERWISE, IF 2
1358+THIS COMPACT SHALL BE HELD TO BE CONTRARY TO TH E CONSTITUTION OF AN Y 3
1359+MEMBER STATE, THE COMPACT SHALL REM AIN IN FULL FORCE AN D EFFECT AS TO 4
1360+THE REMAINING MEMBER STATES AND IN FULL FO RCE AND EFFECT AS TO THE 5
1361+MEMBER STATE AFFECTED AS TO ALL SEVERABLE MATTER S. 6
1362+
1363+ARTICLE 15. CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS. 7
1364+
1365+ A. NOTHING HEREIN SHALL PREVENT O R INHIBIT THE ENFORC EMENT OF 8
1366+ANY OTHER LAW OF A MEMBER STATE THAT IS NOT INC ONSISTENT WITH THE 9
1367+COMPACT. 10
1368+
1369+ B. ANY LAWS , STATUTES, REGULATIONS , OR OTHER LEGAL 11
1370+REQUIREMENTS IN A MEMBER STATE IN CONFLICT WIT H THE COMPACT ARE 12
1371+SUPERSEDED TO THE EX TENT OF THE CONFLICT . 13
1372+
1373+ C. ALL PERMISSIBLE AGREE MENTS BETWEEN THE COMMISSION AND THE 14
1374+MEMBER STATES ARE BINDING IN ACCORDANC E WITH THEIR TERMS . 15
1375+
1376+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act is contingent on the 16
1377+enacting of substantially similar legislation in six other states. The Maryland Department 17
1378+of Labor shall notify the Department of Legislative Services within 10 days after any state 18
1379+has enacted legislation that is substantially similar to this Act. 19
1380+
1381+ SECTION 3. AND BE IT FURTHER ENACTED, That, subject to Section 2 of this 20
1382+Act, this Act shall take effect October 1, 2024. 21
1383+
1384+
1385+
1386+
1387+Approved:
1388+________________________________________________________________________________
1389+ Governor.
1390+________________________________________________________________________________
1391+ President of the Senate.
1392+________________________________________________________________________________
1393+ Speaker of the House of Delegates.