S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10195
 
                           I N  A S S E M B L Y
 
                               May 10, 2024
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Hyndman) --
   read once and referred to the Committee on Economic Development
 
 AN ACT to amend the general business law, in relation  to  adopting  the
   cosmetology licensure compact
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The general business law is amended by adding a new section
 401-a to read as follows:
   § 401-A. COSMETOLOGY  LICENSURE  COMPACT.  THE  COSMETOLOGY  LICENSURE
 COMPACT  IS  HEREBY ENTERED INTO AND ENACTED INTO LAW WITH ALL JURISDIC-
 TIONS LEGALLY JOINING THEREIN, IN THE FORM SUBSTANTIALLY AS FOLLOWS:
 
                       COSMETOLOGY LICENSURE COMPACT
                            ARTICLE 1 - PURPOSE
 
   THE PURPOSE OF THIS COMPACT IS TO FACILITATE THE  INTERSTATE  PRACTICE
 AND  REGULATION  OF COSMETOLOGY WITH THE GOAL OF IMPROVING PUBLIC ACCESS
 TO, AND THE SAFETY OF, COSMETOLOGY  SERVICES  AND  REDUCING  UNNECESSARY
 BURDENS  RELATED  TO  COSMETOLOGY  LICENSURE.  THROUGH THIS COMPACT, THE
 MEMBER STATES SEEK TO ESTABLISH A REGULATORY  FRAMEWORK  WHICH  PROVIDES
 FOR  A  NEW  MULTISTATE  LICENSING  PROGRAM.  THROUGH THIS NEW LICENSING
 PROGRAM, THE MEMBER STATES SEEK TO PROVIDE INCREASED VALUE AND  MOBILITY
 TO  LICENSED  COSMETOLOGISTS  IN  THE  MEMBER STATES, WHILE ENSURING THE
 PROVISION OF SAFE, EFFECTIVE, AND RELIABLE SERVICES TO THE PUBLIC.
   THIS COMPACT IS DESIGNED TO ACHIEVE THE FOLLOWING OBJECTIVES, AND  THE
 MEMBER STATES HEREBY RATIFY THE SAME INTENTIONS BY SUBSCRIBING HERETO:
   A. PROVIDE OPPORTUNITIES FOR INTERSTATE PRACTICE BY COSMETOLOGISTS WHO
 MEET UNIFORM REQUIREMENTS FOR MULTISTATE LICENSURE;
   B. ENHANCE THE ABILITIES OF MEMBER STATES TO PROTECT PUBLIC HEALTH AND
 SAFETY, AND PREVENT FRAUD AND UNLICENSED ACTIVITY WITHIN THE PROFESSION;
   C.  ENSURE  AND  ENCOURAGE  COOPERATION  BETWEEN  MEMBER STATES IN THE
 LICENSURE AND REGULATION OF THE PRACTICE OF COSMETOLOGY;
   D. SUPPORT RELOCATING MILITARY MEMBERS AND THEIR SPOUSES;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15485-01-4
              

 A. 10195                            2
 
   E. FACILITATE  THE  EXCHANGE  OF  INFORMATION  BETWEEN  MEMBER  STATES
 RELATED  TO THE LICENSURE, INVESTIGATION, AND DISCIPLINE OF THE PRACTICE
 OF COSMETOLOGY;
   F.  PROVIDE  FOR  THE  LICENSURE  AND MOBILITY OF THE WORKFORCE IN THE
 PROFESSION, WHILE ADDRESSING THE SHORTAGE OF WORKERS AND  LESSENING  THE
 ASSOCIATED BURDENS ON THE MEMBER STATES.
 
                          ARTICLE 2 - DEFINITIONS
 
   AS USED IN THIS COMPACT, AND EXCEPT AS OTHERWISE PROVIDED, THE FOLLOW-
 ING DEFINITIONS SHALL GOVERN THE TERMS HEREIN:
   A.  "ACTIVE  MILITARY  MEMBER"  MEANS  ANY  PERSON WITH FULL-TIME DUTY
 STATUS IN THE ARMED FORCES OF THE UNITED STATES,  INCLUDING  MEMBERS  OF
 THE NATIONAL GUARD AND RESERVE.
   B.  "ADVERSE  ACTION"  MEANS  ANY ADMINISTRATIVE, CIVIL, EQUITABLE, OR
 CRIMINAL ACTION PERMITTED BY A MEMBER STATE'S LAWS WHICH IS IMPOSED BY A
 STATE LICENSING AUTHORITY OR OTHER REGULATORY BODY AGAINST A  COSMETOLO-
 GIST, INCLUDING ACTIONS AGAINST AN INDIVIDUAL'S LICENSE OR AUTHORIZATION
 TO PRACTICE SUCH AS REVOCATION, SUSPENSION, PROBATION, MONITORING OF THE
 LICENSEE,  LIMITATION  OF  THE  LICENSEE'S PRACTICE, OR ANY OTHER ENCUM-
 BRANCE ON A LICENSE AFFECTING AN INDIVIDUAL'S ABILITY TO PARTICIPATE  IN
 THE  COSMETOLOGY  INDUSTRY, INCLUDING THE ISSUANCE OF A CEASE AND DESIST
 ORDER.
   C. "AUTHORIZATION TO PRACTICE" MEANS A LEGAL AUTHORIZATION  ASSOCIATED
 WITH A MULTISTATE LICENSE PERMITTING THE PRACTICE OF COSMETOLOGY IN THAT
 REMOTE  STATE, WHICH SHALL BE SUBJECT TO THE ENFORCEMENT JURISDICTION OF
 THE STATE LICENSING AUTHORITY IN THAT REMOTE STATE.
   D. "ALTERNATIVE PROGRAM" MEANS A NON-DISCIPLINARY MONITORING OR PROSE-
 CUTORIAL DIVERSION PROGRAM APPROVED BY A MEMBER STATE'S STATE  LICENSING
 AUTHORITY.
   E.  "BACKGROUND  CHECK"  MEANS  THE  SUBMISSION  OF INFORMATION FOR AN
 APPLICANT FOR THE PURPOSE OF OBTAINING THAT APPLICANT'S CRIMINAL HISTORY
 RECORD INFORMATION, AS FURTHER DEFINED IN 28 C.F.R. § 20.3(D), FROM  THE
 FEDERAL BUREAU OF INVESTIGATION AND THE AGENCY RESPONSIBLE FOR RETAINING
 STATE CRIMINAL OR DISCIPLINARY HISTORY IN THE APPLICANT'S HOME STATE.
   F.  "CHARTER MEMBER STATE" MEANS MEMBER STATES WHO HAVE ENACTED LEGIS-
 LATION TO ADOPT THIS COMPACT WHERE SUCH LEGISLATION PREDATES THE  EFFEC-
 TIVE DATE OF THIS COMPACT AS DEFINED IN ARTICLE 13.
   G.  "COMMISSION" MEANS THE GOVERNMENT AGENCY WHOSE MEMBERSHIP CONSISTS
 OF ALL STATES THAT HAVE ENACTED THIS COMPACT,  WHICH  IS  KNOWN  AS  THE
 COSMETOLOGY  LICENSURE  COMPACT COMMISSION, AS DEFINED IN ARTICLE 9, AND
 WHICH SHALL OPERATE AS AN INSTRUMENTALITY OF THE MEMBER STATES.
   H. "COSMETOLOGIST" MEANS AN INDIVIDUAL LICENSED IN THEIR HOME STATE TO
 PRACTICE COSMETOLOGY.
   I. "COSMETOLOGY", "COSMETOLOGY SERVICES", AND THE "PRACTICE OF  COSME-
 TOLOGY"  MEAN  THE  CARE AND SERVICES PROVIDED BY A COSMETOLOGIST AS SET
 FORTH IN THE MEMBER STATE'S STATUTES AND REGULATIONS IN THE STATE  WHERE
 THE SERVICES ARE BEING PROVIDED.
   J. "CURRENT SIGNIFICANT INVESTIGATIVE INFORMATION" MEANS:
   1.  INVESTIGATIVE  INFORMATION THAT A STATE LICENSING AUTHORITY, AFTER
 AN INQUIRY OR INVESTIGATION THAT COMPLIES  WITH  A  MEMBER  STATE'S  DUE
 PROCESS  REQUIREMENTS,  HAS  REASON TO BELIEVE IS NOT GROUNDLESS AND, IF
 PROVED TRUE, WOULD INDICATE A VIOLATION OF THAT STATE'S  LAWS  REGARDING
 FRAUD OR THE PRACTICE OF COSMETOLOGY; OR
   2.  INVESTIGATIVE  INFORMATION  THAT  INDICATES  THAT  A  LICENSEE HAS
 ENGAGED IN FRAUD OR REPRESENTS AN IMMEDIATE THREAT TO PUBLIC HEALTH  AND
 A. 10195                            3
 
 SAFETY,  REGARDLESS OF WHETHER THE LICENSEE HAS BEEN NOTIFIED AND HAD AN
 OPPORTUNITY TO RESPOND.
   K.  "DATA  SYSTEM"  MEANS A REPOSITORY OF INFORMATION ABOUT LICENSEES,
 INCLUDING, BUT NOT LIMITED TO, LICENSE  STATUS,  INVESTIGATIVE  INFORMA-
 TION, AND ADVERSE ACTIONS.
   L.  "DISQUALIFYING  EVENT"  MEANS  ANY EVENT WHICH SHALL DISQUALIFY AN
 INDIVIDUAL FROM HOLDING A MULTISTATE LICENSE UNDER THIS  COMPACT,  WHICH
 THE COMMISSION MAY BY RULE OR ORDER SPECIFY.
   M.  "ENCUMBERED  LICENSE"  MEANS  A LICENSE IN WHICH AN ADVERSE ACTION
 RESTRICTS THE PRACTICE OF COSMETOLOGY  BY  A  LICENSEE,  OR  WHERE  SAID
 ADVERSE ACTION HAS BEEN REPORTED TO THE COMMISSION.
   N.  "ENCUMBRANCE"  MEANS A REVOCATION OR SUSPENSION OF, OR ANY LIMITA-
 TION ON, THE FULL AND UNRESTRICTED PRACTICE OF COSMETOLOGY  BY  A  STATE
 LICENSING AUTHORITY.
   O.  "EXECUTIVE  COMMITTEE"  MEANS  A  GROUP  OF  DELEGATES  ELECTED OR
 APPOINTED TO ACT ON BEHALF OF, AND WITHIN THE POWERS GRANTED TO THEM BY,
 THE COMMISSION.
   P. "HOME STATE" MEANS THE MEMBER STATE WHICH IS A  LICENSEE'S  PRIMARY
 STATE OF RESIDENCE, AND WHERE THAT LICENSEE HOLDS AN ACTIVE AND UNENCUM-
 BERED LICENSE TO PRACTICE COSMETOLOGY.
   Q.  "INVESTIGATIVE  INFORMATION"  MEANS INFORMATION, RECORDS, OR DOCU-
 MENTS RECEIVED OR GENERATED BY A STATE LICENSING AUTHORITY  PURSUANT  TO
 AN INVESTIGATION OR OTHER INQUIRY.
   R. "JURISPRUDENCE REQUIREMENT" MEANS THE ASSESSMENT OF AN INDIVIDUAL'S
 KNOWLEDGE OF THE LAWS AND RULES GOVERNING THE PRACTICE OF COSMETOLOGY IN
 A STATE.
   S. "LICENSEE" MEANS AN INDIVIDUAL WHO CURRENTLY HOLDS A LICENSE FROM A
 MEMBER STATE TO PRACTICE AS A COSMETOLOGIST.
   T. "MEMBER STATE" MEANS ANY STATE THAT HAS ADOPTED THIS COMPACT.
   U.  "MULTISTATE  LICENSE" MEANS A LICENSE ISSUED BY AND SUBJECT TO THE
 ENFORCEMENT  JURISDICTION  OF  THE  STATE  LICENSING  AUTHORITY   IN   A
 LICENSEE'S  HOME  STATE, WHICH AUTHORIZES THE PRACTICE OF COSMETOLOGY IN
 MEMBER STATES AND INCLUDES AUTHORIZATIONS TO PRACTICE COSMETOLOGY IN ALL
 REMOTE STATES PURSUANT TO THIS COMPACT.
   V. "REMOTE STATE" MEANS ANY MEMBER STATE, OTHER  THAN  THE  LICENSEE'S
 HOME STATE.
   W.  "RULE"  MEANS ANY RULE OR REGULATION PROMULGATED BY THE COMMISSION
 UNDER THIS COMPACT WHICH HAS THE FORCE OF LAW.
   X. "SINGLE-STATE LICENSE" MEANS A  COSMETOLOGY  LICENSE  ISSUED  BY  A
 MEMBER  STATE  THAT  AUTHORIZES  PRACTICE OF COSMETOLOGY ONLY WITHIN THE
 ISSUING STATE AND DOES NOT INCLUDE  ANY  AUTHORIZATION  OUTSIDE  OF  THE
 ISSUING STATE.
   Y.  "STATE"  MEANS  A  STATE,  TERRITORY,  OR POSSESSION OF THE UNITED
 STATES AND THE DISTRICT OF COLUMBIA.
   Z. "STATE LICENSING AUTHORITY" MEANS A MEMBER STATE'S REGULATORY  BODY
 RESPONSIBLE FOR ISSUING COSMETOLOGY LICENSES OR OTHERWISE OVERSEEING THE
 PRACTICE OF COSMETOLOGY IN THAT STATE.
 
                   ARTICLE 3 - MEMBER STATE REQUIREMENTS
 
   A. TO BE ELIGIBLE TO JOIN THIS COMPACT, AND TO MAINTAIN ELIGIBILITY AS
 A MEMBER STATE, A STATE MUST:
   1. LICENSE AND REGULATE COSMETOLOGY;
   2.  HAVE  A  MECHANISM  OR  ENTITY IN PLACE TO RECEIVE AND INVESTIGATE
 COMPLAINTS ABOUT LICENSEES PRACTICING IN THAT STATE;
 A. 10195                            4
 
   3. REQUIRE THAT LICENSEES WITHIN THE STATE PASS A  COSMETOLOGY  COMPE-
 TENCY  EXAMINATION  PRIOR  TO  BEING  LICENSED  TO  PROVIDE  COSMETOLOGY
 SERVICES TO THE PUBLIC IN THAT STATE;
   4. REQUIRE THAT LICENSEES SATISFY EDUCATIONAL OR TRAINING REQUIREMENTS
 IN  COSMETOLOGY  PRIOR TO BEING LICENSED TO PROVIDE COSMETOLOGY SERVICES
 TO THE PUBLIC IN THAT STATE;
   5. IMPLEMENT PROCEDURES FOR CONSIDERING ONE OR MORE OF  THE  FOLLOWING
 CATEGORIES OF INFORMATION FROM APPLICANTS FOR LICENSURE: CRIMINAL HISTO-
 RY;  DISCIPLINARY  HISTORY;  OR  BACKGROUND  CHECK.  SUCH PROCEDURES MAY
 INCLUDE THE SUBMISSION OF INFORMATION BY APPLICANTS FOR THE  PURPOSE  OF
 OBTAINING AN APPLICANT'S BACKGROUND CHECK AS DEFINED HEREIN;
   6. PARTICIPATE IN THE DATA SYSTEM, INCLUDING THROUGH THE USE OF UNIQUE
 IDENTIFYING NUMBERS;
   7.  SHARE  INFORMATION  RELATED TO ADVERSE ACTIONS WITH THE COMMISSION
 AND OTHER MEMBER STATES, BOTH THROUGH THE DATA SYSTEM AND OTHERWISE;
   8. NOTIFY THE COMMISSION AND OTHER MEMBER STATES, IN  COMPLIANCE  WITH
 THE  TERMS  OF THE COMPACT AND RULES OF THE COMMISSION, OF THE EXISTENCE
 OF INVESTIGATIVE INFORMATION OR CURRENT SIGNIFICANT INVESTIGATIVE INFOR-
 MATION IN THE STATE'S POSSESSION REGARDING A LICENSEE PRACTICING IN THAT
 STATE;
   9. COMPLY WITH SUCH RULES AS MAY  BE  ENACTED  BY  THE  COMMISSION  TO
 ADMINISTER THE COMPACT; AND
   10. ACCEPT LICENSEES FROM OTHER MEMBER STATES AS ESTABLISHED HEREIN.
   B.  MEMBER  STATES MAY CHARGE A FEE FOR GRANTING A LICENSE TO PRACTICE
 COSMETOLOGY.
   C. INDIVIDUALS NOT RESIDING IN A MEMBER STATE  SHALL  CONTINUE  TO  BE
 ABLE  TO  APPLY  FOR  A  MEMBER STATE'S SINGLE-STATE LICENSE AS PROVIDED
 UNDER THE LAWS OF EACH MEMBER STATE. HOWEVER, THE  SINGLE-STATE  LICENSE
 GRANTED  TO  THESE  INDIVIDUALS  SHALL  NOT  BE RECOGNIZED AS GRANTING A
 MULTISTATE LICENSE TO PROVIDE SERVICES IN ANY OTHER MEMBER STATE.
   D. NOTHING IN THIS COMPACT SHALL AFFECT THE  REQUIREMENTS  ESTABLISHED
 BY A MEMBER STATE FOR THE ISSUANCE OF A SINGLE-STATE LICENSE.
   E.  A  MULTISTATE  LICENSE  ISSUED  TO A LICENSEE BY A HOME STATE TO A
 RESIDENT OF THAT STATE SHALL BE  RECOGNIZED  BY  EACH  MEMBER  STATE  AS
 AUTHORIZING A LICENSEE TO PRACTICE COSMETOLOGY IN EACH MEMBER STATE.
   F.  AT  NO  POINT  SHALL  THE  COMMISSION HAVE THE POWER TO DEFINE THE
 EDUCATIONAL OR PROFESSIONAL  REQUIREMENTS  FOR  A  LICENSE  TO  PRACTICE
 COSMETOLOGY.  THE  MEMBER STATES SHALL RETAIN SOLE JURISDICTION OVER THE
 PROVISION OF THESE REQUIREMENTS.
 
                      ARTICLE 4 - MULTISTATE LICENSE
 
   A. TO BE ELIGIBLE TO APPLY  TO  THEIR  HOME  STATE'S  STATE  LICENSING
 AUTHORITY FOR AN INITIAL MULTISTATE LICENSE UNDER THIS COMPACT, A LICEN-
 SEE  MUST  HOLD AN ACTIVE AND UNENCUMBERED SINGLE-STATE LICENSE TO PRAC-
 TICE COSMETOLOGY IN THEIR HOME STATE.
   B. UPON THE RECEIPT  OF  AN  APPLICATION  FOR  A  MULTISTATE  LICENSE,
 ACCORDING TO THE RULES OF THE COMMISSION, A MEMBER STATE'S STATE LICENS-
 ING  AUTHORITY  SHALL ASCERTAIN WHETHER THE APPLICANT MEETS THE REQUIRE-
 MENTS FOR A MULTISTATE LICENSE UNDER THIS COMPACT.
   C. IF AN APPLICANT MEETS THE REQUIREMENTS  FOR  A  MULTISTATE  LICENSE
 UNDER THIS COMPACT AND ANY APPLICABLE RULES OF THE COMMISSION, THE STATE
 LICENSING  AUTHORITY  IN  RECEIPT  OF  THE  APPLICATION  SHALL, WITHIN A
 REASONABLE TIME, GRANT A  MULTISTATE  LICENSE  TO  THAT  APPLICANT,  AND
 INFORM ALL MEMBER STATES OF THE GRANT OF SAID MULTISTATE LICENSE.
 A. 10195                            5
 
   D.  A  MULTISTATE  LICENSE  TO PRACTICE COSMETOLOGY ISSUED BY A MEMBER
 STATE'S STATE LICENSING AUTHORITY SHALL BE  RECOGNIZED  BY  EACH  MEMBER
 STATE AS AUTHORIZING THE PRACTICE THEREOF AS THOUGH THAT LICENSEE HELD A
 SINGLE-STATE  LICENSE  TO  DO  SO  IN  EACH MEMBER STATE, SUBJECT TO THE
 RESTRICTIONS HEREIN.
   E. A MULTISTATE LICENSE GRANTED PURSUANT TO THIS COMPACT MAY BE EFFEC-
 TIVE  FOR  A  DEFINITE  PERIOD  OF  TIME,  CONCURRENT WITH THE LICENSURE
 RENEWAL PERIOD IN THE HOME STATE.
   F. TO MAINTAIN A MULTISTATE LICENSE UNDER  THIS  COMPACT,  A  LICENSEE
 MUST:
   1.  AGREE  TO ABIDE BY THE RULES OF THE STATE LICENSING AUTHORITY, AND
 THE STATE SCOPE OF PRACTICE LAWS GOVERNING THE PRACTICE OF  COSMETOLOGY,
 OF ANY MEMBER STATE IN WHICH THE LICENSEE PROVIDES SERVICES;
   2.  PAY  ALL REQUIRED FEES RELATED TO THE APPLICATION AND PROCESS, AND
 ANY OTHER FEES WHICH THE COMMISSION MAY BY RULE REQUIRE; AND
   3. COMPLY WITH ANY AND ALL  OTHER  REQUIREMENTS  REGARDING  MULTISTATE
 LICENSES WHICH THE COMMISSION MAY BY RULE PROVIDE.
   G.  A LICENSEE PRACTICING IN A MEMBER STATE IS SUBJECT TO ALL SCOPE OF
 PRACTICE LAWS GOVERNING COSMETOLOGY SERVICES IN THAT STATE.
   H. THE PRACTICE OF COSMETOLOGY  UNDER  A  MULTISTATE  LICENSE  GRANTED
 PURSUANT  TO  THIS COMPACT WILL SUBJECT THE LICENSEE TO THE JURISDICTION
 OF THE STATE LICENSING AUTHORITY, THE COURTS, AND THE LAWS OF THE MEMBER
 STATE IN WHICH THE COSMETOLOGY SERVICES ARE PROVIDED.
 
    ARTICLE 5 - REISSUANCE OF A MULTISTATE LICENSE BY A NEW HOME STATE
 
   A. A LICENSEE MAY HOLD A MULTISTATE  LICENSE,  ISSUED  BY  THEIR  HOME
 STATE, IN ONLY ONE MEMBER STATE AT ANY GIVEN TIME.
   B. IF A LICENSEE CHANGES THEIR HOME STATE BY MOVING BETWEEN TWO MEMBER
 STATES:
   1.  THE  LICENSEE  SHALL IMMEDIATELY APPLY FOR THE REISSUANCE OF THEIR
 MULTISTATE LICENSE IN THEIR NEW HOME STATE. THE LICENSEE SHALL  PAY  ALL
 APPLICABLE  FEES  AND NOTIFY THE PRIOR HOME STATE IN ACCORDANCE WITH THE
 RULES OF THE COMMISSION.
   2. UPON RECEIPT OF AN APPLICATION TO REISSUE A MULTISTATE LICENSE, THE
 NEW HOME STATE SHALL VERIFY THAT THE MULTISTATE LICENSE IS ACTIVE, UNEN-
 CUMBERED AND ELIGIBLE FOR REISSUANCE UNDER THE TERMS OF THE COMPACT  AND
 THE  RULES OF THE COMMISSION. THE MULTISTATE LICENSE ISSUED BY THE PRIOR
 HOME STATE WILL BE DEACTIVATED AND ALL MEMBER STATES NOTIFIED IN ACCORD-
 ANCE WITH THE APPLICABLE RULES ADOPTED BY THE COMMISSION.
   3. IF REQUIRED FOR INITIAL LICENSURE, THE NEW HOME STATE MAY REQUIRE A
 BACKGROUND CHECK AS SPECIFIED IN THE LAWS OF THAT STATE, OR THE  COMPLI-
 ANCE WITH ANY JURISPRUDENCE REQUIREMENTS OF THE NEW HOME STATE.
   4.  NOTWITHSTANDING ANY OTHER PROVISION OF THIS COMPACT, IF A LICENSEE
 DOES NOT MEET THE REQUIREMENTS SET FORTH IN THIS COMPACT FOR THE REISSU-
 ANCE OF A MULTISTATE LICENSE BY THE NEW HOME STATE,  THEN  THE  LICENSEE
 SHALL  BE SUBJECT TO THE NEW HOME STATE REQUIREMENTS FOR THE ISSUANCE OF
 A SINGLE-STATE LICENSE IN THAT STATE.
   C. IF A LICENSEE CHANGES THEIR PRIMARY STATE OF  RESIDENCE  BY  MOVING
 FROM A MEMBER STATE TO A NON-MEMBER STATE, OR FROM A NON-MEMBER STATE TO
 A MEMBER STATE, THEN THE LICENSEE SHALL BE SUBJECT TO THE STATE REQUIRE-
 MENTS FOR THE ISSUANCE OF A SINGLE-STATE LICENSE IN THE NEW HOME STATE.
   D.  NOTHING  IN THIS COMPACT SHALL INTERFERE WITH A LICENSEE'S ABILITY
 TO HOLD A SINGLE-STATE LICENSE IN  MULTIPLE  STATES;  HOWEVER,  FOR  THE
 PURPOSES OF THIS COMPACT, A LICENSEE SHALL HAVE ONLY ONE HOME STATE, AND
 ONLY ONE MULTISTATE LICENSE.
 A. 10195                            6

   E.  NOTHING  IN  THIS  COMPACT  SHALL  INTERFERE WITH THE REQUIREMENTS
 ESTABLISHED BY A  MEMBER  STATE  FOR  THE  ISSUANCE  OF  A  SINGLE-STATE
 LICENSE.
 
     ARTICLE 6 - AUTHORITY OF THE COMPACT COMMISSION AND MEMBER STATE
                           LICENSING AUTHORITIES
 
   A.  NOTHING IN THIS COMPACT, NOR ANY RULE OR REGULATION OF THE COMMIS-
 SION, SHALL BE CONSTRUED TO LIMIT, RESTRICT, OR IN ANY  WAY  REDUCE  THE
 ABILITY  OF  A  MEMBER  STATE TO ENACT AND ENFORCE LAWS, REGULATIONS, OR
 OTHER RULES RELATED TO THE PRACTICE OF COSMETOLOGY IN THAT STATE,  WHERE
 THOSE  LAWS,  REGULATIONS,  OR OTHER RULES ARE NOT INCONSISTENT WITH THE
 PROVISIONS OF THIS COMPACT.
   B. INSOFAR AS PRACTICAL, A MEMBER STATE'S  STATE  LICENSING  AUTHORITY
 SHALL  COOPERATE  WITH  THE  COMMISSION  AND WITH EACH ENTITY EXERCISING
 INDEPENDENT  REGULATORY  AUTHORITY  OVER  THE  PRACTICE  OF  COSMETOLOGY
 ACCORDING TO THE PROVISIONS OF THIS COMPACT.
   C.  DISCIPLINE  SHALL BE THE SOLE RESPONSIBILITY OF THE STATE IN WHICH
 COSMETOLOGY SERVICES ARE  PROVIDED.  ACCORDINGLY,  EACH  MEMBER  STATE'S
 STATE  LICENSING AUTHORITY SHALL BE RESPONSIBLE FOR RECEIVING COMPLAINTS
 ABOUT INDIVIDUALS PRACTICING COSMETOLOGY IN THAT STATE, AND FOR COMMUNI-
 CATING ALL RELEVANT INVESTIGATIVE INFORMATION  ABOUT  ANY  SUCH  ADVERSE
 ACTION TO THE OTHER MEMBER STATES THROUGH THE DATA SYSTEM IN ADDITION TO
 ANY OTHER METHODS THE COMMISSION MAY BY RULE REQUIRE.

                        ARTICLE 7 - ADVERSE ACTIONS
 
   A.  A  LICENSEE'S  HOME  STATE SHALL HAVE EXCLUSIVE POWER TO IMPOSE AN
 ADVERSE ACTION AGAINST A LICENSEE'S MULTISTATE  LICENSE  ISSUED  BY  THE
 HOME STATE.
   B.  A HOME STATE MAY TAKE ADVERSE ACTION ON A MULTISTATE LICENSE BASED
 ON THE  INVESTIGATIVE  INFORMATION,  CURRENT  SIGNIFICANT  INVESTIGATIVE
 INFORMATION, OR ADVERSE ACTION OF A REMOTE STATE.
   C.  IN  ADDITION  TO  THE  POWERS  CONFERRED BY STATE LAW, EACH REMOTE
 STATE'S STATE LICENSING AUTHORITY SHALL HAVE THE POWER TO:
   1. TAKE ADVERSE ACTION AGAINST A LICENSEE'S AUTHORIZATION TO  PRACTICE
 COSMETOLOGY  THROUGH  THE  MULTISTATE  LICENSE  IN  THAT  MEMBER  STATE,
 PROVIDED THAT:
   A. ONLY THE LICENSEE'S HOME STATE SHALL HAVE THE POWER TO TAKE ADVERSE
 ACTION AGAINST THE MULTISTATE LICENSE ISSUED BY THE HOME STATE; AND
   B. FOR THE PURPOSES OF TAKING ADVERSE ACTION, THE HOME  STATE'S  STATE
 LICENSING  AUTHORITY SHALL GIVE THE SAME PRIORITY AND EFFECT TO REPORTED
 CONDUCT RECEIVED FROM A REMOTE STATE AS IT WOULD  IF  SUCH  CONDUCT  HAD
 OCCURRED  WITHIN THE HOME STATE. IN SO DOING, THE HOME STATE SHALL APPLY
 ITS OWN STATE LAWS TO DETERMINE THE APPROPRIATE ACTION.
   2. ISSUE CEASE AND  DESIST  ORDERS  OR  IMPOSE  AN  ENCUMBRANCE  ON  A
 LICENSEE'S AUTHORIZATION TO PRACTICE WITHIN THAT MEMBER STATE.
   3. COMPLETE ANY PENDING INVESTIGATIONS OF A LICENSEE WHO CHANGES THEIR
 PRIMARY  STATE  OF RESIDENCE DURING THE COURSE OF SUCH AN INVESTIGATION.
 THE STATE LICENSING AUTHORITY SHALL ALSO  BE  EMPOWERED  TO  REPORT  THE
 RESULTS  OF  SUCH  AN  INVESTIGATION  TO THE COMMISSION THROUGH THE DATA
 SYSTEM AS DESCRIBED HEREIN.
   4. ISSUE SUBPOENAS FOR BOTH HEARINGS AND INVESTIGATIONS  THAT  REQUIRE
 THE  ATTENDANCE AND TESTIMONY OF WITNESSES, AS WELL AS THE PRODUCTION OF
 EVIDENCE. SUBPOENAS ISSUED BY A STATE LICENSING AUTHORITY  IN  A  MEMBER
 STATE FOR THE ATTENDANCE AND TESTIMONY OF WITNESSES OR THE PRODUCTION OF
 A. 10195                            7
 
 EVIDENCE FROM ANOTHER MEMBER STATE SHALL BE ENFORCED IN THE LATTER STATE
 BY  ANY  COURT  OF COMPETENT JURISDICTION, ACCORDING TO THE PRACTICE AND
 PROCEDURE OF THAT COURT APPLICABLE TO SUBPOENAS  ISSUED  IN  PROCEEDINGS
 BEFORE  IT.  THE ISSUING STATE LICENSING AUTHORITY SHALL PAY ANY WITNESS
 FEES, TRAVEL EXPENSES, MILEAGE, AND OTHER FEES REQUIRED BY  THE  SERVICE
 STATUTES OF THE STATE IN WHICH THE WITNESSES OR EVIDENCE ARE LOCATED.
   5.  IF  OTHERWISE  PERMITTED  BY  STATE LAW, RECOVER FROM THE AFFECTED
 LICENSEE THE COSTS OF INVESTIGATIONS AND DISPOSITION OF CASES  RESULTING
 FROM ANY ADVERSE ACTION TAKEN AGAINST THAT LICENSEE.
   6.  TAKE  ADVERSE ACTION AGAINST THE LICENSEE'S AUTHORIZATION TO PRAC-
 TICE IN THAT STATE BASED ON  THE  FACTUAL  FINDINGS  OF  ANOTHER  REMOTE
 STATE.
   D. A LICENSEE'S HOME STATE SHALL COMPLETE ANY PENDING INVESTIGATION(S)
 OF  A  COSMETOLOGIST WHO CHANGES THEIR PRIMARY STATE OF RESIDENCE DURING
 THE COURSE OF THE INVESTIGATION(S). THE HOME STATE SHALL ALSO  HAVE  THE
 AUTHORITY  TO  TAKE  APPROPRIATE ACTION(S) AND SHALL PROMPTLY REPORT THE
 CONCLUSIONS OF THE INVESTIGATIONS TO THE DATA SYSTEM.
   E. IF AN  ADVERSE  ACTION  IS  TAKEN  BY  THE  HOME  STATE  AGAINST  A
 LICENSEE'S  MULTISTATE LICENSE, THE LICENSEE'S AUTHORIZATION TO PRACTICE
 IN ALL OTHER MEMBER STATES SHALL BE DEACTIVATED UNTIL  ALL  ENCUMBRANCES
 HAVE  BEEN REMOVED FROM THE HOME STATE LICENSE. ALL HOME STATE DISCIPLI-
 NARY ORDERS THAT IMPOSE AN ADVERSE ACTION AGAINST  A  LICENSEE'S  MULTI-
 STATE LICENSE SHALL INCLUDE A STATEMENT THAT THE COSMETOLOGIST'S AUTHOR-
 IZATION  TO  PRACTICE  IS  DEACTIVATED  IN  ALL MEMBER STATES DURING THE
 PENDENCY OF THE ORDER.
   F. NOTHING IN THIS COMPACT SHALL OVERRIDE A MEMBER  STATE'S  AUTHORITY
 TO  ACCEPT  A LICENSEE'S PARTICIPATION IN AN ALTERNATIVE PROGRAM IN LIEU
 OF ADVERSE ACTION. A LICENSEE'S MULTISTATE LICENSE  SHALL  BE  SUSPENDED
 FOR  THE  DURATION  OF  THE  LICENSEE'S PARTICIPATION IN ANY ALTERNATIVE
 PROGRAM.
   G. JOINT INVESTIGATIONS
   1. IN ADDITION TO THE AUTHORITY GRANTED  TO  A  MEMBER  STATE  BY  ITS
 RESPECTIVE  SCOPE  OF  PRACTICE  LAWS  OR  OTHER APPLICABLE STATE LAW, A
 MEMBER STATE MAY PARTICIPATE WITH OTHER MEMBER STATES IN JOINT  INVESTI-
 GATIONS OF LICENSEES.
   2. MEMBER STATES SHALL SHARE ANY INVESTIGATIVE, LITIGATION, OR COMPLI-
 ANCE  MATERIALS  IN FURTHERANCE OF ANY JOINT OR INDIVIDUAL INVESTIGATION
 INITIATED UNDER THE COMPACT.
 
           ARTICLE 8 - ACTIVE MILITARY MEMBERS AND THEIR SPOUSES
 
   ACTIVE MILITARY MEMBERS, OR THEIR  SPOUSES,  SHALL  DESIGNATE  A  HOME
 STATE WHERE THE INDIVIDUAL HAS A CURRENT LICENSE TO PRACTICE COSMETOLOGY
 IN GOOD STANDING. THE INDIVIDUAL MAY RETAIN THEIR HOME STATE DESIGNATION
 DURING  ANY PERIOD OF SERVICE WHEN THAT INDIVIDUAL OR THEIR SPOUSE IS ON
 ACTIVE DUTY ASSIGNMENT.
 
   ARTICLE 9 - ESTABLISHMENT AND OPERATION OF THE COSMETOLOGY LICENSURE
                            COMPACT COMMISSION

   A. THE COMPACT MEMBER STATES  HEREBY  CREATE  AND  ESTABLISH  A  JOINT
 GOVERNMENT  AGENCY  WHOSE  MEMBERSHIP CONSISTS OF ALL MEMBER STATES THAT
 HAVE ENACTED THE COMPACT KNOWN  AS  THE  COSMETOLOGY  LICENSURE  COMPACT
 COMMISSION.  THE  COMMISSION IS AN INSTRUMENTALITY OF THE COMPACT MEMBER
 STATES ACTING JOINTLY AND NOT AN INSTRUMENTALITY OF ANY ONE  STATE.  THE
 A. 10195                            8
 
 COMMISSION  SHALL  COME INTO EXISTENCE ON OR AFTER THE EFFECTIVE DATE OF
 THE COMPACT AS SET FORTH IN ARTICLE 13.
   B. MEMBERSHIP, VOTING, AND MEETINGS
   1.  EACH  MEMBER  STATE  SHALL HAVE AND BE LIMITED TO ONE (1) DELEGATE
 SELECTED BY THAT MEMBER STATE'S STATE LICENSING AUTHORITY.
   2. THE DELEGATE SHALL BE  AN  ADMINISTRATOR  OF  THE  STATE  LICENSING
 AUTHORITY OF THE MEMBER STATE OR THEIR DESIGNEE.
   3.  THE  COMMISSION  SHALL BY RULE OR BYLAW ESTABLISH A TERM OF OFFICE
 FOR DELEGATES AND MAY BY RULE OR BYLAW ESTABLISH TERM LIMITS.
   4. THE COMMISSION MAY RECOMMEND REMOVAL OR SUSPENSION OF ANY  DELEGATE
 FROM OFFICE.
   5.  A  MEMBER STATE'S STATE LICENSING AUTHORITY SHALL FILL ANY VACANCY
 OF ITS DELEGATE OCCURRING ON THE COMMISSION WITHIN 60 DAYS OF THE VACAN-
 CY.
   6. EACH DELEGATE SHALL BE ENTITLED TO ONE VOTE ON ALL MATTERS THAT ARE
 VOTED ON BY THE COMMISSION.
   7. THE COMMISSION SHALL MEET AT LEAST ONCE DURING EACH CALENDAR  YEAR.
 ADDITIONAL  MEETINGS MAY BE HELD AS SET FORTH IN THE BYLAWS. THE COMMIS-
 SION MAY MEET BY TELECOMMUNICATION, VIDEO CONFERENCE  OR  OTHER  SIMILAR
 ELECTRONIC MEANS.
   C. THE COMMISSION SHALL HAVE THE FOLLOWING POWERS:
   1. ESTABLISH THE FISCAL YEAR OF THE COMMISSION;
   2. ESTABLISH CODE OF CONDUCT AND CONFLICT OF INTEREST POLICIES;
   3. ADOPT RULES AND BYLAWS;
   4. MAINTAIN ITS FINANCIAL RECORDS IN ACCORDANCE WITH THE BYLAWS;
   5. MEET AND TAKE SUCH ACTIONS AS ARE CONSISTENT WITH THE PROVISIONS OF
 THIS COMPACT, THE COMMISSION'S RULES, AND THE BYLAWS;
   6.  INITIATE  AND CONCLUDE LEGAL PROCEEDINGS OR ACTIONS IN THE NAME OF
 THE COMMISSION, PROVIDED  THAT  THE  STANDING  OF  ANY  STATE  LICENSING
 AUTHORITY TO SUE OR BE SUED UNDER APPLICABLE LAW SHALL NOT BE AFFECTED;
   7.  MAINTAIN  AND CERTIFY RECORDS AND INFORMATION PROVIDED TO A MEMBER
 STATE AS THE AUTHENTICATED  BUSINESS  RECORDS  OF  THE  COMMISSION,  AND
 DESIGNATE AN AGENT TO DO SO ON THE COMMISSION'S BEHALF;
   8. PURCHASE AND MAINTAIN INSURANCE AND BONDS;
   9.  BORROW,  ACCEPT, OR CONTRACT FOR SERVICES OF PERSONNEL, INCLUDING,
 BUT NOT LIMITED TO, EMPLOYEES OF A MEMBER STATE;
   10. CONDUCT AN ANNUAL FINANCIAL REVIEW;
   11. HIRE EMPLOYEES,  ELECT  OR  APPOINT  OFFICERS,  FIX  COMPENSATION,
 DEFINE DUTIES, GRANT SUCH INDIVIDUALS APPROPRIATE AUTHORITY TO CARRY OUT
 THE  PURPOSES  OF  THE COMPACT, AND ESTABLISH THE COMMISSION'S PERSONNEL
 POLICIES AND PROGRAMS RELATING TO CONFLICTS OF INTEREST,  QUALIFICATIONS
 OF PERSONNEL, AND OTHER RELATED PERSONNEL MATTERS;
   12.  AS  SET FORTH IN THE COMMISSION RULES, CHARGE A FEE TO A LICENSEE
 FOR THE GRANT OF A MULTISTATE LICENSE AND THEREAFTER, AS MAY  BE  ESTAB-
 LISHED  BY  COMMISSION  RULE,  CHARGE  THE LICENSEE A MULTISTATE LICENSE
 RENEWAL FEE FOR EACH RENEWAL PERIOD. NOTHING HEREIN SHALL  BE  CONSTRUED
 TO  PREVENT A HOME STATE FROM CHARGING A LICENSEE A FEE FOR A MULTISTATE
 LICENSE OR RENEWALS OF A MULTISTATE LICENSE, OR A FEE FOR THE  JURISPRU-
 DENCE REQUIREMENT IF THE MEMBER STATE IMPOSES SUCH A REQUIREMENT FOR THE
 GRANT OF A MULTISTATE LICENSE;
   13. ASSESS AND COLLECT FEES;
   14.  ACCEPT ANY AND ALL APPROPRIATE GIFTS, DONATIONS, GRANTS OF MONEY,
 OTHER SOURCES OF REVENUE, EQUIPMENT, SUPPLIES, MATERIALS, AND  SERVICES,
 AND  RECEIVE,  UTILIZE,  AND  DISPOSE  OF THE SAME; PROVIDED THAT AT ALL
 TIMES THE COMMISSION  SHALL  AVOID  ANY  APPEARANCE  OF  IMPROPRIETY  OR
 CONFLICT OF INTEREST;
 A. 10195                            9
 
   15.  LEASE, PURCHASE, RETAIN, OWN, HOLD, IMPROVE, OR USE ANY PROPERTY,
 REAL, PERSONAL, OR MIXED, OR ANY UNDIVIDED INTEREST THEREIN;
   16.  SELL,  CONVEY,  MORTGAGE,  PLEDGE,  LEASE,  EXCHANGE, ABANDON, OR
 OTHERWISE DISPOSE OF ANY PROPERTY REAL, PERSONAL, OR MIXED;
   17. ESTABLISH A BUDGET AND MAKE EXPENDITURES;
   18. BORROW MONEY;
   19. APPOINT COMMITTEES, INCLUDING  STANDING  COMMITTEES,  COMPOSED  OF
 MEMBERS,  STATE  REGULATORS, STATE LEGISLATORS OR THEIR REPRESENTATIVES,
 AND CONSUMER REPRESENTATIVES, AND SUCH OTHER INTERESTED PERSONS  AS  MAY
 BE DESIGNATED IN THIS COMPACT AND THE BYLAWS;
   20.  PROVIDE  AND  RECEIVE  INFORMATION  FROM, AND COOPERATE WITH, LAW
 ENFORCEMENT AGENCIES;
   21. ELECT A CHAIR, VICE CHAIR, SECRETARY AND TREASURER AND SUCH  OTHER
 OFFICERS OF THE COMMISSION AS PROVIDED IN THE COMMISSION'S BYLAWS;
   22.  ESTABLISH AND ELECT AN EXECUTIVE COMMITTEE, INCLUDING A CHAIR AND
 A VICE CHAIR;
   23. ADOPT AND PROVIDE TO THE MEMBER STATES AN ANNUAL REPORT;
   24. DETERMINE WHETHER A STATE'S ADOPTED LANGUAGE IS MATERIALLY DIFFER-
 ENT FROM THE MODEL COMPACT LANGUAGE SUCH THAT THE STATE WOULD NOT QUALI-
 FY FOR PARTICIPATION IN THE COMPACT; AND
   25. PERFORM SUCH OTHER FUNCTIONS AS MAY BE NECESSARY OR APPROPRIATE TO
 ACHIEVE THE PURPOSES OF THIS COMPACT.
   D. THE EXECUTIVE COMMITTEE
   1. THE EXECUTIVE COMMITTEE SHALL HAVE THE POWER TO ACT  ON  BEHALF  OF
 THE  COMMISSION  ACCORDING  TO  THE  TERMS  OF THIS COMPACT. THE POWERS,
 DUTIES, AND RESPONSIBILITIES OF THE EXECUTIVE COMMITTEE SHALL INCLUDE:
   A. OVERSEEING THE DAY-TO-DAY ACTIVITIES OF THE ADMINISTRATION  OF  THE
 COMPACT  INCLUDING  COMPLIANCE  WITH  THE PROVISIONS OF THE COMPACT, THE
 COMMISSION'S RULES AND BYLAWS, AND OTHER SUCH DUTIES  AS  DEEMED  NECES-
 SARY;
   B.  RECOMMENDING  TO  THE  COMMISSION  CHANGES TO THE RULES OR BYLAWS,
 CHANGES TO THIS COMPACT LEGISLATION,  FEES  CHARGED  TO  COMPACT  MEMBER
 STATES, FEES CHARGED TO LICENSEES, AND OTHER FEES;
   C.   ENSURING   COMPACT   ADMINISTRATION  SERVICES  ARE  APPROPRIATELY
 PROVIDED, INCLUDING BY CONTRACT;
   D. PREPARING AND RECOMMENDING THE BUDGET;
   E. MAINTAINING FINANCIAL RECORDS ON BEHALF OF THE COMMISSION;
   F. MONITORING  COMPACT  COMPLIANCE  OF  MEMBER  STATES  AND  PROVIDING
 COMPLIANCE REPORTS TO THE COMMISSION;
   G. ESTABLISHING ADDITIONAL COMMITTEES AS NECESSARY;
   H.  EXERCISING  THE  POWERS  AND  DUTIES  OF THE COMMISSION DURING THE
 INTERIM BETWEEN COMMISSION MEETINGS, EXCEPT  FOR  ADOPTING  OR  AMENDING
 RULES,  ADOPTING OR AMENDING BYLAWS, AND EXERCISING ANY OTHER POWERS AND
 DUTIES EXPRESSLY RESERVED TO THE COMMISSION BY RULE OR BYLAW; AND
   I. OTHER DUTIES AS PROVIDED IN THE RULES OR BYLAWS OF THE COMMISSION.
   2. THE EXECUTIVE COMMITTEE SHALL BE COMPOSED OF  UP  TO  SEVEN  VOTING
 MEMBERS:
   A. THE CHAIR AND VICE CHAIR OF THE COMMISSION AND ANY OTHER MEMBERS OF
 THE  COMMISSION  WHO  SERVE  ON  THE EXECUTIVE COMMITTEE SHALL BE VOTING
 MEMBERS OF THE EXECUTIVE COMMITTEE; AND
   B. OTHER THAN THE CHAIR,  VICE-CHAIR,  SECRETARY  AND  TREASURER,  THE
 COMMISSION  SHALL ELECT THREE VOTING MEMBERS FROM THE CURRENT MEMBERSHIP
 OF THE COMMISSION.
   C. THE COMMISSION MAY ELECT  EX  OFFICIO,  NONVOTING  MEMBERS  FROM  A
 RECOGNIZED  NATIONAL COSMETOLOGY PROFESSIONAL ASSOCIATION AS APPROVED BY
 THE COMMISSION. THE COMMISSION'S BYLAWS SHALL IDENTIFY QUALIFYING ORGAN-
 A. 10195                           10
 
 IZATIONS AND THE MANNER OF APPOINTMENT IF THE  NUMBER  OF  ORGANIZATIONS
 SEEKING  TO  APPOINT  AN EX OFFICIO MEMBER EXCEEDS THE NUMBER OF MEMBERS
 SPECIFIED IN THIS ARTICLE.
   3.  THE COMMISSION MAY REMOVE ANY MEMBER OF THE EXECUTIVE COMMITTEE AS
 PROVIDED IN THE COMMISSION'S BYLAWS.
   4. THE EXECUTIVE COMMITTEE SHALL MEET AT LEAST ANNUALLY.
   A. ANNUAL EXECUTIVE COMMITTEE  MEETINGS,  AS  WELL  AS  ANY  EXECUTIVE
 COMMITTEE  MEETING  AT  WHICH  IT DOES NOT TAKE OR INTEND TO TAKE FORMAL
 ACTION ON A MATTER FOR  WHICH  A  COMMISSION  VOTE  WOULD  OTHERWISE  BE
 REQUIRED, SHALL BE OPEN TO THE PUBLIC, EXCEPT THAT THE EXECUTIVE COMMIT-
 TEE  MAY  MEET  IN A CLOSED, NON-PUBLIC SESSION OF A PUBLIC MEETING WHEN
 DEALING WITH ANY OF THE MATTERS COVERED UNDER ARTICLE 9.F.4.
   B. THE EXECUTIVE COMMITTEE  SHALL  GIVE  FIVE  BUSINESS  DAYS  ADVANCE
 NOTICE  OF  ITS PUBLIC MEETINGS, POSTED ON ITS WEBSITE AND AS DETERMINED
 TO PROVIDE NOTICE TO PERSONS WITH AN INTEREST IN THE PUBLIC MATTERS  THE
 EXECUTIVE COMMITTEE INTENDS TO ADDRESS AT THOSE MEETINGS.
   5.  THE  EXECUTIVE COMMITTEE MAY HOLD AN EMERGENCY MEETING WHEN ACTING
 FOR THE COMMISSION TO:
   A. MEET AN IMMINENT THREAT TO PUBLIC HEALTH, SAFETY, OR WELFARE;
   B. PREVENT A LOSS OF COMMISSION OR MEMBER STATE FUNDS; OR
   C. PROTECT PUBLIC HEALTH AND SAFETY.
   E. THE COMMISSION SHALL ADOPT AND PROVIDE  TO  THE  MEMBER  STATES  AN
 ANNUAL REPORT.
   F. MEETINGS OF THE COMMISSION
   1.  ALL  MEETINGS  OF  THE  COMMISSION THAT ARE NOT CLOSED PURSUANT TO
 ARTICLE 9.F.4 SHALL BE OPEN TO THE PUBLIC.  NOTICE  OF  PUBLIC  MEETINGS
 SHALL  BE  POSTED  ON THE COMMISSION'S WEBSITE AT LEAST THIRTY (30) DAYS
 PRIOR TO THE PUBLIC MEETING.
   2. NOTWITHSTANDING ARTICLE 9.F.1, THE COMMISSION MAY CONVENE AN  EMER-
 GENCY  PUBLIC MEETING BY PROVIDING AT LEAST TWENTY-FOUR (24) HOURS PRIOR
 NOTICE ON THE COMMISSION'S WEBSITE, AND ANY OTHER MEANS AS  PROVIDED  IN
 THE  COMMISSION'S  RULES,  FOR  ANY  OF THE REASONS IT MAY DISPENSE WITH
 NOTICE OF PROPOSED RULEMAKING UNDER ARTICLE 11.L. THE COMMISSION'S LEGAL
 COUNSEL SHALL CERTIFY THAT ONE OF THE REASONS  JUSTIFYING  AN  EMERGENCY
 PUBLIC MEETING HAS BEEN MET.
   3. NOTICE OF ALL COMMISSION MEETINGS SHALL PROVIDE THE TIME, DATE, AND
 LOCATION  OF THE MEETING, AND IF THE MEETING IS TO BE HELD OR ACCESSIBLE
 VIA TELECOMMUNICATION, VIDEO CONFERENCE, OR OTHER ELECTRONIC MEANS,  THE
 NOTICE SHALL INCLUDE THE MECHANISM FOR ACCESS TO THE MEETING.
   4.  THE COMMISSION MAY CONVENE IN A CLOSED, NON-PUBLIC MEETING FOR THE
 COMMISSION TO DISCUSS:
   A. NON-COMPLIANCE OF A MEMBER STATE WITH  ITS  OBLIGATIONS  UNDER  THE
 COMPACT;
   B.  THE  EMPLOYMENT,  COMPENSATION, DISCIPLINE OR OTHER MATTERS, PRAC-
 TICES OR PROCEDURES RELATED  TO  SPECIFIC  EMPLOYEES  OR  OTHER  MATTERS
 RELATED TO THE COMMISSION'S INTERNAL PERSONNEL PRACTICES AND PROCEDURES;
   C. CURRENT OR THREATENED DISCIPLINE OF A LICENSEE BY THE COMMISSION OR
 BY A MEMBER STATE'S LICENSING AUTHORITY;
   D. CURRENT, THREATENED, OR REASONABLY ANTICIPATED LITIGATION;
   E. NEGOTIATION OF CONTRACTS FOR THE PURCHASE, LEASE, OR SALE OF GOODS,
 SERVICES, OR REAL ESTATE;
   F. ACCUSING ANY PERSON OF A CRIME OR FORMALLY CENSURING ANY PERSON;
   G. TRADE SECRETS OR COMMERCIAL OR FINANCIAL INFORMATION THAT IS PRIVI-
 LEGED OR CONFIDENTIAL;
   H.  INFORMATION OF A PERSONAL NATURE WHERE DISCLOSURE WOULD CONSTITUTE
 A CLEARLY UNWARRANTED INVASION OF PERSONAL PRIVACY;
 A. 10195                           11
 
   I. INVESTIGATIVE RECORDS COMPILED FOR LAW ENFORCEMENT PURPOSES;
   J.  INFORMATION RELATED TO ANY INVESTIGATIVE REPORTS PREPARED BY OR ON
 BEHALF OF OR FOR USE OF THE COMMISSION OR OTHER COMMITTEE  CHARGED  WITH
 RESPONSIBILITY  OF  INVESTIGATION  OR DETERMINATION OF COMPLIANCE ISSUES
 PURSUANT TO THE COMPACT;
   K. LEGAL ADVICE;
   L. MATTERS SPECIFICALLY EXEMPTED FROM  DISCLOSURE  TO  THE  PUBLIC  BY
 FEDERAL OR MEMBER STATE LAW; OR
   M. OTHER MATTERS AS PROMULGATED BY THE COMMISSION BY RULE.
   5.  IF  A  MEETING,  OR PORTION OF A MEETING, IS CLOSED, THE PRESIDING
 OFFICER SHALL STATE THAT THE MEETING WILL BE CLOSED AND  REFERENCE  EACH
 RELEVANT  EXEMPTING  PROVISION,  AND SUCH REFERENCE SHALL BE RECORDED IN
 THE MINUTES.
   6. THE COMMISSION SHALL KEEP MINUTES THAT FULLY AND  CLEARLY  DESCRIBE
 ALL MATTERS DISCUSSED IN A MEETING AND SHALL PROVIDE A FULL AND ACCURATE
 SUMMARY  OF  ACTIONS  TAKEN,  AND  THE  REASONS  THEREFORE,  INCLUDING A
 DESCRIPTION  OF  THE  VIEWS  EXPRESSED.  ALL  DOCUMENTS  CONSIDERED   IN
 CONNECTION  WITH  AN  ACTION  SHALL  BE  IDENTIFIED IN SUCH MINUTES. ALL
 MINUTES AND DOCUMENTS OF A  CLOSED  MEETING  SHALL  REMAIN  UNDER  SEAL,
 SUBJECT TO RELEASE ONLY BY A MAJORITY VOTE OF THE COMMISSION OR ORDER OF
 A COURT OF COMPETENT JURISDICTION.
   G. FINANCING OF THE COMMISSION
   1.  THE  COMMISSION  SHALL  PAY,  OR  PROVIDE  FOR THE PAYMENT OF, THE
 REASONABLE EXPENSES OF  ITS  ESTABLISHMENT,  ORGANIZATION,  AND  ONGOING
 ACTIVITIES.
   2. THE COMMISSION MAY ACCEPT ANY AND ALL APPROPRIATE SOURCES OF REVEN-
 UE,  DONATIONS, AND GRANTS OF MONEY, EQUIPMENT, SUPPLIES, MATERIALS, AND
 SERVICES.
   3. THE COMMISSION MAY LEVY ON AND COLLECT AN  ANNUAL  ASSESSMENT  FROM
 EACH  MEMBER STATE AND IMPOSE FEES ON LICENSEES OF MEMBER STATES TO WHOM
 IT GRANTS A MULTISTATE LICENSE TO COVER THE COST OF THE  OPERATIONS  AND
 ACTIVITIES  OF  THE  COMMISSION  AND ITS STAFF, WHICH MUST BE IN A TOTAL
 AMOUNT SUFFICIENT TO COVER ITS ANNUAL BUDGET AS APPROVED EACH  YEAR  FOR
 WHICH  REVENUE  IS  NOT  PROVIDED BY OTHER SOURCES. THE AGGREGATE ANNUAL
 ASSESSMENT AMOUNT FOR MEMBER STATES SHALL  BE  ALLOCATED  BASED  UPON  A
 FORMULA THAT THE COMMISSION SHALL PROMULGATE BY RULE.
   4.  THE  COMMISSION  SHALL  NOT INCUR OBLIGATIONS OF ANY KIND PRIOR TO
 SECURING THE FUNDS ADEQUATE TO MEET THE SAME; NOR SHALL  THE  COMMISSION
 PLEDGE THE CREDIT OF ANY MEMBER STATES, EXCEPT BY AND WITH THE AUTHORITY
 OF THE MEMBER STATE.
   5.  THE  COMMISSION  SHALL  KEEP ACCURATE ACCOUNTS OF ALL RECEIPTS AND
 DISBURSEMENTS. THE RECEIPTS AND DISBURSEMENTS OF THE COMMISSION SHALL BE
 SUBJECT TO THE FINANCIAL REVIEW AND  ACCOUNTING  PROCEDURES  ESTABLISHED
 UNDER ITS BYLAWS. ALL RECEIPTS AND DISBURSEMENTS OF FUNDS HANDLED BY THE
 COMMISSION SHALL BE SUBJECT TO AN ANNUAL FINANCIAL REVIEW BY A CERTIFIED
 OR  LICENSED  PUBLIC  ACCOUNTANT, AND THE REPORT OF THE FINANCIAL REVIEW
 SHALL BE INCLUDED IN AND BECOME PART OF THE ANNUAL REPORT OF THE COMMIS-
 SION.
   H. QUALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION
   1. THE MEMBERS, OFFICERS, EXECUTIVE DIRECTOR, EMPLOYEES AND  REPRESEN-
 TATIVES  OF THE COMMISSION SHALL BE IMMUNE FROM SUIT AND LIABILITY, BOTH
 PERSONALLY AND IN THEIR OFFICIAL CAPACITY, FOR ANY CLAIM FOR  DAMAGE  TO
 OR  LOSS  OF PROPERTY OR PERSONAL INJURY OR OTHER CIVIL LIABILITY CAUSED
 BY OR ARISING OUT OF ANY ACTUAL OR ALLEGED ACT, ERROR, OR OMISSION  THAT
 OCCURRED,  OR  THAT  THE  PERSON  AGAINST  WHOM  THE CLAIM IS MADE HAD A
 REASONABLE BASIS FOR BELIEVING OCCURRED WITHIN THE SCOPE  OF  COMMISSION
 A. 10195                           12
 
 EMPLOYMENT,  DUTIES  OR  RESPONSIBILITIES; PROVIDED THAT NOTHING IN THIS
 PARAGRAPH SHALL BE CONSTRUED TO PROTECT ANY SUCH  PERSON  FROM  SUIT  OR
 LIABILITY  FOR  ANY  DAMAGE,  LOSS,  INJURY,  OR LIABILITY CAUSED BY THE
 INTENTIONAL OR WILLFUL OR WANTON MISCONDUCT OF THAT PERSON. THE PROCURE-
 MENT  OF  INSURANCE  OF  ANY TYPE BY THE COMMISSION SHALL NOT IN ANY WAY
 COMPROMISE OR LIMIT THE IMMUNITY GRANTED HEREUNDER.
   2. THE COMMISSION SHALL DEFEND ANY MEMBER, OFFICER,  EXECUTIVE  DIREC-
 TOR,  EMPLOYEE, AND REPRESENTATIVE OF THE COMMISSION IN ANY CIVIL ACTION
 SEEKING TO IMPOSE LIABILITY ARISING OUT OF ANY ACTUAL  OR  ALLEGED  ACT,
 ERROR,  OR OMISSION THAT OCCURRED WITHIN THE SCOPE OF COMMISSION EMPLOY-
 MENT, DUTIES, OR RESPONSIBILITIES, OR AS DETERMINED  BY  THE  COMMISSION
 THAT  THE  PERSON  AGAINST WHOM THE CLAIM IS MADE HAD A REASONABLE BASIS
 FOR BELIEVING  OCCURRED  WITHIN  THE  SCOPE  OF  COMMISSION  EMPLOYMENT,
 DUTIES,  OR  RESPONSIBILITIES;  PROVIDED  THAT  NOTHING  HEREIN SHALL BE
 CONSTRUED TO PROHIBIT THAT PERSON FROM RETAINING THEIR  OWN  COUNSEL  AT
 THEIR OWN EXPENSE; AND PROVIDED FURTHER, THAT THE ACTUAL OR ALLEGED ACT,
 ERROR,  OR  OMISSION  DID  NOT  RESULT FROM THAT PERSON'S INTENTIONAL OR
 WILLFUL OR WANTON MISCONDUCT.
   3. THE COMMISSION SHALL INDEMNIFY AND HOLD HARMLESS ANY MEMBER,  OFFI-
 CER,  EXECUTIVE DIRECTOR, EMPLOYEE, AND REPRESENTATIVE OF THE COMMISSION
 FOR THE AMOUNT OF ANY  SETTLEMENT  OR  JUDGMENT  OBTAINED  AGAINST  THAT
 PERSON ARISING OUT OF ANY ACTUAL OR ALLEGED ACT, ERROR, OR OMISSION THAT
 OCCURRED WITHIN THE SCOPE OF COMMISSION EMPLOYMENT, DUTIES, OR RESPONSI-
 BILITIES,  OR  THAT  SUCH  PERSON  HAD  A REASONABLE BASIS FOR BELIEVING
 OCCURRED WITHIN THE SCOPE OF COMMISSION EMPLOYMENT, DUTIES, OR RESPONSI-
 BILITIES, PROVIDED THAT THE ACTUAL OR ALLEGED ACT,  ERROR,  OR  OMISSION
 DID  NOT  RESULT FROM THE INTENTIONAL OR WILLFUL OR WANTON MISCONDUCT OF
 THAT PERSON.
   4. NOTHING HEREIN SHALL BE CONSTRUED AS A LIMITATION ON THE  LIABILITY
 OF  ANY LICENSEE FOR PROFESSIONAL MALPRACTICE OR MISCONDUCT, WHICH SHALL
 BE GOVERNED SOLELY BY ANY OTHER APPLICABLE STATE LAWS.
   5. NOTHING IN THIS COMPACT SHALL BE INTERPRETED TO WAIVE OR  OTHERWISE
 ABROGATE A MEMBER STATE'S STATE ACTION IMMUNITY OR STATE ACTION AFFIRMA-
 TIVE  DEFENSE  WITH  RESPECT  TO ANTITRUST CLAIMS UNDER THE SHERMAN ACT,
 CLAYTON ACT, OR ANY OTHER STATE OR FEDERAL ANTITRUST OR  ANTICOMPETITIVE
 LAW OR REGULATION.
   6. NOTHING IN THIS COMPACT SHALL BE CONSTRUED TO BE A WAIVER OF SOVER-
 EIGN IMMUNITY BY THE MEMBER STATES OR BY THE COMMISSION.
 
                         ARTICLE 10 - DATA SYSTEM
 
   A.  THE  COMMISSION  SHALL  PROVIDE  FOR THE DEVELOPMENT, MAINTENANCE,
 OPERATION, AND UTILIZATION  OF  A  COORDINATED  DATABASE  AND  REPORTING
 SYSTEM.
   B. THE COMMISSION SHALL ASSIGN EACH APPLICANT FOR A MULTISTATE LICENSE
 A UNIQUE IDENTIFIER, AS DETERMINED BY THE RULES OF THE COMMISSION.
   C. NOTWITHSTANDING ANY OTHER PROVISION OF STATE LAW TO THE CONTRARY, A
 MEMBER  STATE  SHALL SUBMIT A UNIFORM DATA SET TO THE DATA SYSTEM ON ALL
 INDIVIDUALS TO WHOM THIS COMPACT IS APPLICABLE AS REQUIRED BY THE  RULES
 OF THE COMMISSION, INCLUDING:
   1. IDENTIFYING INFORMATION;
   2. LICENSURE DATA;
   3. ADVERSE ACTIONS AGAINST A LICENSE AND INFORMATION RELATED THERETO;
   4. NON-CONFIDENTIAL INFORMATION RELATED TO ALTERNATIVE PROGRAM PARTIC-
 IPATION, THE BEGINNING AND ENDING DATES OF SUCH PARTICIPATION, AND OTHER
 INFORMATION RELATED TO SUCH PARTICIPATION;
 A. 10195                           13
 
   5. ANY DENIAL OF APPLICATION FOR LICENSURE, AND THE REASON(S) FOR SUCH
 DENIAL  (EXCLUDING THE REPORTING OF ANY CRIMINAL HISTORY RECORD INFORMA-
 TION WHERE PROHIBITED BY LAW);
   6. THE EXISTENCE OF INVESTIGATIVE INFORMATION;
   7. THE EXISTENCE OF CURRENT SIGNIFICANT INVESTIGATIVE INFORMATION; AND
   8.  OTHER  INFORMATION  THAT MAY FACILITATE THE ADMINISTRATION OF THIS
 COMPACT OR THE PROTECTION OF THE PUBLIC, AS DETERMINED BY THE  RULES  OF
 THE COMMISSION.
   D.  THE RECORDS AND INFORMATION PROVIDED TO A MEMBER STATE PURSUANT TO
 THIS COMPACT OR THROUGH THE DATA SYSTEM, WHEN CERTIFIED BY  THE  COMMIS-
 SION  OR  AN  AGENT THEREOF, SHALL CONSTITUTE THE AUTHENTICATED BUSINESS
 RECORDS OF THE COMMISSION, AND SHALL BE ENTITLED TO ANY ASSOCIATED HEAR-
 SAY EXCEPTION IN ANY RELEVANT JUDICIAL, QUASI-JUDICIAL OR ADMINISTRATIVE
 PROCEEDINGS IN A MEMBER STATE.
   E. THE EXISTENCE OF CURRENT SIGNIFICANT INVESTIGATIVE INFORMATION  AND
 THE  EXISTENCE  OF INVESTIGATIVE INFORMATION PERTAINING TO A LICENSEE IN
 ANY MEMBER STATE WILL ONLY BE AVAILABLE TO OTHER MEMBER STATES.
   F. IT IS THE RESPONSIBILITY OF THE MEMBER STATES TO MONITOR THE  DATA-
 BASE  TO  DETERMINE WHETHER ADVERSE ACTION HAS BEEN TAKEN AGAINST SUCH A
 LICENSEE OR LICENSE APPLICANT. ADVERSE ACTION INFORMATION PERTAINING  TO
 A LICENSEE OR LICENSE APPLICANT IN ANY MEMBER STATE WILL BE AVAILABLE TO
 ANY OTHER MEMBER STATE.
   G.  MEMBER  STATES  CONTRIBUTING  INFORMATION  TO  THE DATA SYSTEM MAY
 DESIGNATE INFORMATION THAT MAY NOT BE SHARED WITH THE PUBLIC WITHOUT THE
 EXPRESS PERMISSION OF THE CONTRIBUTING STATE.
   H. ANY INFORMATION SUBMITTED TO THE DATA SYSTEM THAT  IS  SUBSEQUENTLY
 EXPUNGED  PURSUANT  TO  FEDERAL  LAW  OR  THE  LAWS  OF THE MEMBER STATE
 CONTRIBUTING THE INFORMATION SHALL BE REMOVED FROM THE DATA SYSTEM.
 
                          ARTICLE 11 - RULEMAKING
 
   A. THE COMMISSION SHALL PROMULGATE REASONABLE RULES IN ORDER TO EFFEC-
 TIVELY  AND  EFFICIENTLY  IMPLEMENT  AND  ADMINISTER  THE  PURPOSES  AND
 PROVISIONS  OF THE COMPACT. A RULE SHALL BE INVALID AND HAVE NO FORCE OR
 EFFECT ONLY IF A COURT OF COMPETENT JURISDICTION HOLDS THAT THE RULE  IS
 INVALID  BECAUSE  THE COMMISSION EXERCISED ITS RULEMAKING AUTHORITY IN A
 MANNER THAT IS BEYOND THE SCOPE AND PURPOSES  OF  THE  COMPACT,  OR  THE
 POWERS  GRANTED  HEREUNDER, OR BASED UPON ANOTHER APPLICABLE STANDARD OF
 REVIEW.
   B. THE RULES OF THE COMMISSION SHALL HAVE THE FORCE  OF  LAW  IN  EACH
 MEMBER  STATE,  PROVIDED  HOWEVER THAT WHERE THE RULES OF THE COMMISSION
 CONFLICT WITH THE LAWS OF THE MEMBER STATE  THAT  ESTABLISH  THE  MEMBER
 STATE'S  SCOPE OF PRACTICE LAWS GOVERNING THE PRACTICE OF COSMETOLOGY AS
 HELD BY A COURT OF COMPETENT JURISDICTION, THE RULES OF  THE  COMMISSION
 SHALL BE INEFFECTIVE IN THAT STATE TO THE EXTENT OF THE CONFLICT.
   C. THE COMMISSION SHALL EXERCISE ITS RULEMAKING POWERS PURSUANT TO THE
 CRITERIA  SET  FORTH  IN  THIS ARTICLE AND THE RULES ADOPTED THEREUNDER.
 RULES SHALL BECOME BINDING AS OF THE DATE SPECIFIED  BY  THE  COMMISSION
 FOR EACH RULE.
   D.  IF  A  MAJORITY OF THE LEGISLATURES OF THE MEMBER STATES REJECTS A
 RULE OR PORTION OF A RULE, BY ENACTMENT OF A STATUTE  OR  RESOLUTION  IN
 THE  SAME  MANNER USED TO ADOPT THE COMPACT WITHIN FOUR (4) YEARS OF THE
 DATE OF ADOPTION OF THE RULE, THEN SUCH RULE SHALL HAVE NO FURTHER FORCE
 AND EFFECT IN ANY MEMBER STATE OR TO ANY STATE APPLYING  TO  PARTICIPATE
 IN THE COMPACT.
 A. 10195                           14
 
   E.  RULES  SHALL  BE  ADOPTED  AT  A REGULAR OR SPECIAL MEETING OF THE
 COMMISSION.
   F.  PRIOR  TO ADOPTION OF A PROPOSED RULE, THE COMMISSION SHALL HOLD A
 PUBLIC HEARING AND ALLOW PERSONS TO PROVIDE ORAL AND  WRITTEN  COMMENTS,
 DATA, FACTS, OPINIONS, AND ARGUMENTS.
   G.  PRIOR  TO  ADOPTION  OF  A PROPOSED RULE BY THE COMMISSION, AND AT
 LEAST THIRTY (30) DAYS IN ADVANCE OF THE MEETING AT WHICH THE COMMISSION
 WILL HOLD A PUBLIC HEARING ON THE PROPOSED RULE,  THE  COMMISSION  SHALL
 PROVIDE A NOTICE OF PROPOSED RULEMAKING:
   1. ON THE WEBSITE OF THE COMMISSION OR OTHER PUBLICLY ACCESSIBLE PLAT-
 FORM;
   2. TO PERSONS WHO HAVE REQUESTED NOTICE OF THE COMMISSION'S NOTICES OF
 PROPOSED RULEMAKING; AND
   3. IN SUCH OTHER WAY(S) AS THE COMMISSION MAY BY RULE SPECIFY.
   H. THE NOTICE OF PROPOSED RULEMAKING SHALL INCLUDE:
   1.  THE  TIME,  DATE,  AND LOCATION OF THE PUBLIC HEARING AT WHICH THE
 COMMISSION WILL HEAR PUBLIC  COMMENTS  ON  THE  PROPOSED  RULE  AND,  IF
 DIFFERENT, THE TIME, DATE, AND LOCATION OF THE MEETING WHERE THE COMMIS-
 SION WILL CONSIDER AND VOTE ON THE PROPOSED RULE;
   2.  IF THE HEARING IS HELD VIA TELECOMMUNICATION, VIDEO CONFERENCE, OR
 OTHER ELECTRONIC MEANS, THE COMMISSION SHALL INCLUDE THE  MECHANISM  FOR
 ACCESS TO THE HEARING IN THE NOTICE OF PROPOSED RULEMAKING;
   3. THE TEXT OF THE PROPOSED RULE AND THE REASON THEREFOR;
   4.  A  REQUEST  FOR  COMMENTS ON THE PROPOSED RULE FROM ANY INTERESTED
 PERSON; AND
   5. THE MANNER IN WHICH INTERESTED PERSONS MAY SUBMIT WRITTEN COMMENTS.
   I. ALL HEARINGS WILL BE RECORDED. A COPY  OF  THE  RECORDING  AND  ALL
 WRITTEN COMMENTS AND DOCUMENTS RECEIVED BY THE COMMISSION IN RESPONSE TO
 THE PROPOSED RULE SHALL BE AVAILABLE TO THE PUBLIC.
   J.  NOTHING IN THIS ARTICLE SHALL BE CONSTRUED AS REQUIRING A SEPARATE
 HEARING ON EACH RULE. RULES MAY BE GROUPED FOR THE  CONVENIENCE  OF  THE
 COMMISSION AT HEARINGS REQUIRED BY THIS ARTICLE.
   K.  THE  COMMISSION SHALL, BY MAJORITY VOTE OF ALL MEMBERS, TAKE FINAL
 ACTION ON THE PROPOSED RULE BASED ON THE RULEMAKING RECORD AND THE  FULL
 TEXT OF THE RULE.
   1.  THE COMMISSION MAY ADOPT CHANGES TO THE PROPOSED RULE PROVIDED THE
 CHANGES DO NOT ENLARGE THE ORIGINAL PURPOSE OF THE PROPOSED RULE.
   2. THE COMMISSION SHALL PROVIDE AN  EXPLANATION  OF  THE  REASONS  FOR
 SUBSTANTIVE  CHANGES  MADE  TO  THE PROPOSED RULE AS WELL AS REASONS FOR
 SUBSTANTIVE CHANGES NOT MADE THAT WERE RECOMMENDED BY COMMENTERS.
   3. THE COMMISSION SHALL DETERMINE A REASONABLE EFFECTIVE DATE FOR  THE
 RULE. EXCEPT FOR AN EMERGENCY AS PROVIDED IN ARTICLE 11.L, THE EFFECTIVE
 DATE  OF THE RULE SHALL BE NO SOONER THAN FORTY-FIVE (45) DAYS AFTER THE
 COMMISSION ISSUING THE NOTICE THAT IT ADOPTED OR AMENDED THE RULE.
   L. UPON DETERMINATION THAT AN EMERGENCY  EXISTS,  THE  COMMISSION  MAY
 CONSIDER  AND  ADOPT  AN EMERGENCY RULE WITH FIVE (5) DAYS' NOTICE, WITH
 OPPORTUNITY TO COMMENT, PROVIDED THAT THE  USUAL  RULEMAKING  PROCEDURES
 PROVIDED  IN  THE  COMPACT  AND  IN  THIS ARTICLE SHALL BE RETROACTIVELY
 APPLIED TO THE RULE AS SOON AS REASONABLY POSSIBLE, IN  NO  EVENT  LATER
 THAN  NINETY  (90)  DAYS  AFTER  THE EFFECTIVE DATE OF THE RULE. FOR THE
 PURPOSES OF THIS PROVISION, AN  EMERGENCY  RULE  IS  ONE  THAT  MUST  BE
 ADOPTED IMMEDIATELY TO:
   1. MEET AN IMMINENT THREAT TO PUBLIC HEALTH, SAFETY, OR WELFARE;
   2. PREVENT A LOSS OF COMMISSION OR MEMBER STATE FUNDS;
   3.  MEET A DEADLINE FOR THE PROMULGATION OF A RULE THAT IS ESTABLISHED
 BY FEDERAL LAW OR RULE; OR
 A. 10195                           15
 
   4. PROTECT PUBLIC HEALTH AND SAFETY.
   M.  THE  COMMISSION  OR  AN AUTHORIZED COMMITTEE OF THE COMMISSION MAY
 DIRECT REVISIONS TO A PREVIOUSLY ADOPTED RULE FOR PURPOSES OF CORRECTING
 TYPOGRAPHICAL ERRORS, ERRORS IN FORMAT, ERRORS IN CONSISTENCY, OR  GRAM-
 MATICAL  ERRORS.  PUBLIC  NOTICE OF ANY REVISIONS SHALL BE POSTED ON THE
 WEBSITE OF THE COMMISSION. THE REVISION SHALL BE SUBJECT TO CHALLENGE BY
 ANY PERSON FOR A PERIOD OF THIRTY (30) DAYS AFTER POSTING. THE  REVISION
 MAY BE CHALLENGED ONLY ON GROUNDS THAT THE REVISION RESULTS IN A MATERI-
 AL  CHANGE TO A RULE. A CHALLENGE SHALL BE MADE IN WRITING AND DELIVERED
 TO THE COMMISSION PRIOR TO THE END OF THE NOTICE PERIOD. IF NO CHALLENGE
 IS MADE, THE REVISION WILL TAKE EFFECT WITHOUT FURTHER  ACTION.  IF  THE
 REVISION  IS  CHALLENGED,  THE  REVISION MAY NOT TAKE EFFECT WITHOUT THE
 APPROVAL OF THE COMMISSION.
   N. NO MEMBER STATE'S RULEMAKING REQUIREMENTS SHALL  APPLY  UNDER  THIS
 COMPACT.
 
        ARTICLE 12 - OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
 
   A. OVERSIGHT
   1.  THE  EXECUTIVE  AND  JUDICIAL BRANCHES OF STATE GOVERNMENT IN EACH
 MEMBER STATE SHALL ENFORCE THIS COMPACT AND TAKE ALL  ACTIONS  NECESSARY
 AND APPROPRIATE TO IMPLEMENT THE COMPACT.
   2.  VENUE IS PROPER AND JUDICIAL PROCEEDINGS BY OR AGAINST THE COMMIS-
 SION SHALL BE BROUGHT SOLELY AND EXCLUSIVELY IN  A  COURT  OF  COMPETENT
 JURISDICTION  WHERE  THE  PRINCIPAL OFFICE OF THE COMMISSION IS LOCATED.
 THE COMMISSION MAY WAIVE VENUE AND JURISDICTIONAL DEFENSES TO THE EXTENT
 IT ADOPTS OR CONSENTS TO PARTICIPATE IN ALTERNATIVE  DISPUTE  RESOLUTION
 PROCEEDINGS.  NOTHING  HEREIN  SHALL  AFFECT  OR  LIMIT THE SELECTION OR
 PROPRIETY OF VENUE IN ANY ACTION AGAINST  A  LICENSEE  FOR  PROFESSIONAL
 MALPRACTICE, MISCONDUCT OR ANY SUCH SIMILAR MATTER.
   3.  THE  COMMISSION SHALL BE ENTITLED TO RECEIVE SERVICE OF PROCESS IN
 ANY PROCEEDING  REGARDING  THE  ENFORCEMENT  OR  INTERPRETATION  OF  THE
 COMPACT  AND  SHALL  HAVE STANDING TO INTERVENE IN SUCH A PROCEEDING FOR
 ALL PURPOSES.   FAILURE TO PROVIDE THE  COMMISSION  SERVICE  OF  PROCESS
 SHALL  RENDER  A  JUDGMENT  OR  ORDER  VOID  AS  TO THE COMMISSION, THIS
 COMPACT, OR PROMULGATED RULES.
   B. DEFAULT, TECHNICAL ASSISTANCE, AND TERMINATION
   1. IF THE COMMISSION DETERMINES THAT A MEMBER STATE HAS  DEFAULTED  IN
 THE  PERFORMANCE  OF  ITS  OBLIGATIONS  OR  RESPONSIBILITIES  UNDER THIS
 COMPACT OR THE PROMULGATED RULES, THE COMMISSION SHALL  PROVIDE  WRITTEN
 NOTICE TO THE DEFAULTING STATE. THE NOTICE OF DEFAULT SHALL DESCRIBE THE
 DEFAULT,  THE PROPOSED MEANS OF CURING THE DEFAULT, AND ANY OTHER ACTION
 THAT THE COMMISSION MAY TAKE, AND  SHALL  OFFER  TRAINING  AND  SPECIFIC
 TECHNICAL ASSISTANCE REGARDING THE DEFAULT.
   2. THE COMMISSION SHALL PROVIDE A COPY OF THE NOTICE OF DEFAULT TO THE
 OTHER MEMBER STATES.
   3.  IF  A  STATE  IN DEFAULT FAILS TO CURE THE DEFAULT, THE DEFAULTING
 STATE MAY BE TERMINATED FROM THE COMPACT UPON AN AFFIRMATIVE VOTE  OF  A
 MAJORITY  OF  THE DELEGATES OF THE MEMBER STATES, AND ALL RIGHTS, PRIVI-
 LEGES AND BENEFITS CONFERRED ON THAT STATE BY THIS COMPACT MAY BE TERMI-
 NATED ON THE EFFECTIVE DATE OF TERMINATION. A CURE OF THE  DEFAULT  DOES
 NOT  RELIEVE  THE OFFENDING STATE OF OBLIGATIONS OR LIABILITIES INCURRED
 DURING THE PERIOD OF DEFAULT.
   4. TERMINATION OF MEMBERSHIP IN THE  COMPACT  SHALL  BE  IMPOSED  ONLY
 AFTER ALL OTHER MEANS OF SECURING COMPLIANCE HAVE BEEN EXHAUSTED. NOTICE
 OF  INTENT  TO  SUSPEND OR TERMINATE SHALL BE GIVEN BY THE COMMISSION TO
 A. 10195                           16

 THE GOVERNOR, THE  MAJORITY  AND  MINORITY  LEADERS  OF  THE  DEFAULTING
 STATE'S  LEGISLATURE,  THE  DEFAULTING STATE'S STATE LICENSING AUTHORITY
 AND EACH OF THE MEMBER STATES' STATE LICENSING AUTHORITY.
   5.  A  STATE  THAT  HAS BEEN TERMINATED IS RESPONSIBLE FOR ALL ASSESS-
 MENTS, OBLIGATIONS, AND LIABILITIES INCURRED THROUGH THE EFFECTIVE  DATE
 OF  TERMINATION,  INCLUDING OBLIGATIONS THAT EXTEND BEYOND THE EFFECTIVE
 DATE OF TERMINATION.
   6. UPON THE TERMINATION OF A STATE'S  MEMBERSHIP  FROM  THIS  COMPACT,
 THAT  STATE SHALL IMMEDIATELY PROVIDE NOTICE TO ALL LICENSEES WHO HOLD A
 MULTISTATE LICENSE WITHIN THAT STATE OF SUCH TERMINATION. THE TERMINATED
 STATE SHALL CONTINUE TO RECOGNIZE ALL LICENSES GRANTED PURSUANT TO  THIS
 COMPACT FOR A MINIMUM OF ONE HUNDRED EIGHTY (180) DAYS AFTER THE DATE OF
 SAID NOTICE OF TERMINATION.
   7.  THE COMMISSION SHALL NOT BEAR ANY COSTS RELATED TO A STATE THAT IS
 FOUND TO BE IN DEFAULT OR THAT HAS BEEN  TERMINATED  FROM  THE  COMPACT,
 UNLESS  AGREED UPON IN WRITING BETWEEN THE COMMISSION AND THE DEFAULTING
 STATE.
   8. THE DEFAULTING STATE MAY APPEAL THE ACTION  OF  THE  COMMISSION  BY
 PETITIONING  THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUM-
 BIA OR THE FEDERAL DISTRICT  WHERE  THE  COMMISSION  HAS  ITS  PRINCIPAL
 OFFICES.   THE PREVAILING PARTY SHALL BE AWARDED ALL COSTS OF SUCH LITI-
 GATION, INCLUDING REASONABLE ATTORNEY'S FEES.
   C. DISPUTE RESOLUTION
   1. UPON REQUEST BY A MEMBER STATE, THE  COMMISSION  SHALL  ATTEMPT  TO
 RESOLVE  DISPUTES  RELATED TO THE COMPACT THAT ARISE AMONG MEMBER STATES
 AND BETWEEN MEMBER AND NON-MEMBER STATES.
   2. THE COMMISSION SHALL PROMULGATE A RULE PROVIDING FOR BOTH MEDIATION
 AND BINDING DISPUTE RESOLUTION FOR DISPUTES AS APPROPRIATE.
   D. ENFORCEMENT
   1. THE COMMISSION, IN THE REASONABLE EXERCISE OF ITS DISCRETION, SHALL
 ENFORCE THE PROVISIONS OF THIS COMPACT AND THE COMMISSION'S RULES.
   2. BY MAJORITY VOTE AS PROVIDED BY COMMISSION RULE, THE COMMISSION MAY
 INITIATE LEGAL ACTION AGAINST A MEMBER STATE IN DEFAULT  IN  THE  UNITED
 STATES  DISTRICT  COURT  FOR  THE  DISTRICT  OF  COLUMBIA OR THE FEDERAL
 DISTRICT WHERE THE COMMISSION  HAS  ITS  PRINCIPAL  OFFICES  TO  ENFORCE
 COMPLIANCE WITH THE PROVISIONS OF THE COMPACT AND ITS PROMULGATED RULES.
 THE RELIEF SOUGHT MAY INCLUDE BOTH INJUNCTIVE RELIEF AND DAMAGES. IN THE
 EVENT  JUDICIAL  ENFORCEMENT IS NECESSARY, THE PREVAILING PARTY SHALL BE
 AWARDED ALL COSTS OF SUCH LITIGATION,  INCLUDING  REASONABLE  ATTORNEY'S
 FEES.  THE  REMEDIES  HEREIN  SHALL NOT BE THE EXCLUSIVE REMEDIES OF THE
 COMMISSION. THE COMMISSION MAY PURSUE ANY OTHER REMEDIES AVAILABLE UNDER
 FEDERAL OR THE DEFAULTING MEMBER STATE'S LAW.
   3. A MEMBER STATE MAY INITIATE LEGAL ACTION AGAINST THE COMMISSION  IN
 THE  UNITED  STATES  DISTRICT  COURT FOR THE DISTRICT OF COLUMBIA OR THE
 FEDERAL DISTRICT WHERE THE  COMMISSION  HAS  ITS  PRINCIPAL  OFFICES  TO
 ENFORCE COMPLIANCE WITH THE PROVISIONS OF THE COMPACT AND ITS PROMULGAT-
 ED  RULES.    THE  RELIEF  SOUGHT MAY INCLUDE BOTH INJUNCTIVE RELIEF AND
 DAMAGES. IN THE EVENT JUDICIAL ENFORCEMENT IS NECESSARY, THE  PREVAILING
 PARTY  SHALL  BE AWARDED ALL COSTS OF SUCH LITIGATION, INCLUDING REASON-
 ABLE ATTORNEY'S FEES.
   4. NO INDIVIDUAL OR ENTITY OTHER THAN A MEMBER STATE MAY ENFORCE  THIS
 COMPACT AGAINST THE COMMISSION.
 
          ARTICLE 13 - EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT
 A. 10195                           17
 
   A. THE COMPACT SHALL COME INTO EFFECT ON THE DATE ON WHICH THE COMPACT
 STATUTE IS ENACTED INTO LAW IN THE SEVENTH MEMBER STATE.
   1. ON OR AFTER THE EFFECTIVE DATE OF THE COMPACT, THE COMMISSION SHALL
 CONVENE AND REVIEW THE ENACTMENT OF EACH OF THE CHARTER MEMBER STATES TO
 DETERMINE  IF  THE  STATUTE ENACTED BY EACH SUCH CHARTER MEMBER STATE IS
 MATERIALLY DIFFERENT THAN THE MODEL COMPACT STATUTE.
   A. A CHARTER MEMBER STATE WHOSE ENACTMENT IS FOUND  TO  BE  MATERIALLY
 DIFFERENT  FROM  THE  MODEL  COMPACT  STATUTE  SHALL  BE ENTITLED TO THE
 DEFAULT PROCESS SET FORTH IN ARTICLE 12.
   B. IF ANY MEMBER STATE IS LATER FOUND TO BE IN DEFAULT, OR  IS  TERMI-
 NATED  OR  WITHDRAWS  FROM  THE  COMPACT, THE COMMISSION SHALL REMAIN IN
 EXISTENCE AND THE COMPACT SHALL REMAIN IN EFFECT EVEN IF THE  NUMBER  OF
 MEMBER STATES SHOULD BE LESS THAN SEVEN (7).
   2. MEMBER STATES ENACTING THE COMPACT SUBSEQUENT TO THE CHARTER MEMBER
 STATES  SHALL  BE  SUBJECT TO THE PROCESS SET FORTH IN ARTICLE 9.C.24 TO
 DETERMINE IF THEIR ENACTMENTS ARE MATERIALLY DIFFERENT  FROM  THE  MODEL
 COMPACT  STATUTE  AND  WHETHER  THEY  QUALIFY  FOR  PARTICIPATION IN THE
 COMPACT.
   3. ALL ACTIONS TAKEN FOR THE BENEFIT OF THE COMMISSION OR IN  FURTHER-
 ANCE  OF  THE PURPOSES OF THE ADMINISTRATION OF THE COMPACT PRIOR TO THE
 EFFECTIVE DATE OF THE COMPACT OR THE COMMISSION  COMING  INTO  EXISTENCE
 SHALL  BE CONSIDERED TO BE ACTIONS OF THE COMMISSION UNLESS SPECIFICALLY
 REPUDIATED BY THE COMMISSION.
   4. ANY STATE THAT JOINS THE COMPACT SHALL BE SUBJECT  TO  THE  COMMIS-
 SION'S  RULES  AND BYLAWS AS THEY EXIST ON THE DATE ON WHICH THE COMPACT
 BECOMES LAW IN THAT STATE.  ANY RULE THAT HAS BEEN PREVIOUSLY ADOPTED BY
 THE COMMISSION SHALL HAVE THE FULL FORCE AND EFFECT OF LAW  ON  THE  DAY
 THE COMPACT BECOMES LAW IN THAT STATE.
   B. ANY MEMBER STATE MAY WITHDRAW FROM THIS COMPACT BY ENACTING A STAT-
 UTE REPEALING THAT STATE'S ENACTMENT OF THE COMPACT.
   1. A MEMBER STATE'S WITHDRAWAL SHALL NOT TAKE EFFECT UNTIL ONE HUNDRED
 EIGHTY (180) DAYS AFTER ENACTMENT OF THE REPEALING STATUTE.
   2. WITHDRAWAL SHALL NOT AFFECT THE CONTINUING REQUIREMENT OF THE WITH-
 DRAWING  STATE'S  STATE  LICENSING AUTHORITY TO COMPLY WITH THE INVESTI-
 GATIVE AND ADVERSE ACTION REPORTING REQUIREMENTS OF THIS  COMPACT  PRIOR
 TO THE EFFECTIVE DATE OF WITHDRAWAL.
   3.  UPON  THE  ENACTMENT OF A STATUTE WITHDRAWING FROM THIS COMPACT, A
 STATE SHALL IMMEDIATELY PROVIDE NOTICE OF SUCH WITHDRAWAL TO ALL  LICEN-
 SEES  WITHIN THAT STATE. NOTWITHSTANDING ANY SUBSEQUENT STATUTORY ENACT-
 MENT TO THE CONTRARY, SUCH WITHDRAWING STATE SHALL CONTINUE TO RECOGNIZE
 ALL LICENSES GRANTED PURSUANT TO THIS  COMPACT  FOR  A  MINIMUM  OF  ONE
 HUNDRED EIGHTY (180) DAYS AFTER THE DATE OF SUCH NOTICE OF WITHDRAWAL.
   C.  NOTHING CONTAINED IN THIS COMPACT SHALL BE CONSTRUED TO INVALIDATE
 OR PREVENT ANY LICENSURE  AGREEMENT  OR  OTHER  COOPERATIVE  ARRANGEMENT
 BETWEEN  A  MEMBER  STATE  AND A NON-MEMBER STATE THAT DOES NOT CONFLICT
 WITH THE PROVISIONS OF THIS COMPACT.
   D. THIS COMPACT MAY BE AMENDED BY THE MEMBER STATES. NO  AMENDMENT  TO
 THIS  COMPACT  SHALL  BECOME EFFECTIVE AND BINDING UPON ANY MEMBER STATE
 UNTIL IT IS ENACTED INTO THE LAWS OF ALL MEMBER STATES.
 
                ARTICLE 14 - CONSTRUCTION AND SEVERABILITY
 
   A. THIS COMPACT AND THE COMMISSION'S  RULEMAKING  AUTHORITY  SHALL  BE
 LIBERALLY  CONSTRUED SO AS TO EFFECTUATE THE PURPOSES, AND THE IMPLEMEN-
 TATION AND ADMINISTRATION OF THE  COMPACT.  PROVISIONS  OF  THE  COMPACT
 EXPRESSLY  AUTHORIZING  OR REQUIRING THE PROMULGATION OF RULES SHALL NOT
 A. 10195                           18

 BE CONSTRUED TO LIMIT THE COMMISSION'S RULEMAKING AUTHORITY  SOLELY  FOR
 THOSE PURPOSES.
   B.  THE  PROVISIONS  OF  THIS  COMPACT  SHALL  BE SEVERABLE AND IF ANY
 PHRASE, CLAUSE, SENTENCE OR PROVISION OF THIS COMPACT IS HELD BY A COURT
 OF COMPETENT JURISDICTION TO BE CONTRARY  TO  THE  CONSTITUTION  OF  ANY
 MEMBER  STATE,  A  STATE SEEKING PARTICIPATION IN THE COMPACT, OR OF THE
 UNITED STATES, OR THE APPLICABILITY THEREOF TO ANY  GOVERNMENT,  AGENCY,
 PERSON  OR  CIRCUMSTANCE  IS  HELD  TO BE UNCONSTITUTIONAL BY A COURT OF
 COMPETENT JURISDICTION, THE VALIDITY OF THE REMAINDER  OF  THIS  COMPACT
 AND THE APPLICABILITY THEREOF TO ANY OTHER GOVERNMENT, AGENCY, PERSON OR
 CIRCUMSTANCE SHALL NOT BE AFFECTED THEREBY.
   C.  NOTWITHSTANDING  ARTICLE  14.B,  THE COMMISSION MAY DENY A STATE'S
 PARTICIPATION IN THE COMPACT OR, IN ACCORDANCE WITH THE REQUIREMENTS  OF
 ARTICLE  12, TERMINATE A MEMBER STATE'S PARTICIPATION IN THE COMPACT, IF
 IT DETERMINES THAT A CONSTITUTIONAL REQUIREMENT OF A MEMBER STATE  IS  A
 MATERIAL DEPARTURE FROM THE COMPACT. OTHERWISE, IF THIS COMPACT SHALL BE
 HELD TO BE CONTRARY TO THE CONSTITUTION OF ANY MEMBER STATE, THE COMPACT
 SHALL  REMAIN IN FULL FORCE AND EFFECT AS TO THE REMAINING MEMBER STATES
 AND IN FULL FORCE AND EFFECT AS TO THE MEMBER STATE AFFECTED AS  TO  ALL
 SEVERABLE MATTERS.
 
     ARTICLE 15 - CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS
 
   A.  NOTHING  HEREIN  SHALL  PREVENT  OR INHIBIT THE ENFORCEMENT OF ANY
 OTHER LAW OF A MEMBER STATE THAT IS NOT INCONSISTENT WITH THE COMPACT.
   B. ANY LAWS, STATUTES, REGULATIONS, OR OTHER LEGAL REQUIREMENTS  IN  A
 MEMBER  STATE  IN  CONFLICT  845  WITH THE COMPACT ARE SUPERSEDED TO THE
 EXTENT OF THE CONFLICT.
   C. ALL PERMISSIBLE AGREEMENTS BETWEEN THE COMMISSION  AND  THE  MEMBER
 STATES ARE BINDING IN ACCORDANCE WITH THEIR TERMS.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section,  or  part  of this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgment  shall  not  affect,
 impair,  or  invalidate  the remainder thereof, but shall be confined in
 its operation to the clause, sentence, paragraph, subdivision,  section,
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the  legislature  that  this  act  would  have been enacted even if such
 invalid provisions had not been included herein.
   § 3. This act shall take effect immediately; provided,  however,  that
 section  one  of this act shall take effect as specifically set forth in
 such section and section two of this act shall take effect on the  thir-
 tieth  day  after it shall have become a law. Effective immediately, the
 addition, amendment and/or repeal of any rule  or  regulation  necessary
 for  the implementation of this act on its effective date are authorized
 to be made and completed on or before such effective date.