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A BILL TO BE ENTITLED
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AN ACT
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relating to the cosmetology licensure compact. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The cosmetology licensure compact is adopted to |
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read as follows: |
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COSMETOLOGY LICENSURE COMPACT |
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ARTICLE 1- PURPOSE |
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The purpose of this Compact is to facilitate the interstate |
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practice and regulation of Cosmetology with the goal of improving |
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public access to, and the safety of, Cosmetology Services and |
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reducing unnecessary burdens related to Cosmetology licensure. |
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Through this Compact, the member states seek to establish a |
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regulatory framework which provides for a new multistate licensing |
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program. Through this new licensing program, the member states seek |
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to provide increased value and mobility to licensed Cosmetologists |
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in the member states, while ensuring the provision of safe, |
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effective, and reliable services to the public. |
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This Compact is designed to achieve the following objectives, |
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and the member states hereby ratify the same intentions by |
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subscribing hereto: |
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A. Provide opportunities for interstate practice by |
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Cosmetologists who meet uniform requirements for multistate |
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licensure; |
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B. Enhance the abilities of Member States to protect public |
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health and safety, and prevent fraud and unlicensed activity within |
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the profession; |
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C. Ensure and encourage cooperation between Member States |
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in the licensure and regulation of the Practice of Cosmetology; |
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D. Support relocating military members and their spouses; |
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E. Facilitate the exchange of information between Member |
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States related to the licensure, investigation, and discipline of |
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the Practice of Cosmetology; |
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F. Provide for meaningful dispute resolution while allowing |
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a Remote State to hold a Licensee accountable under the Remote |
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State's Practice Laws, even where that Licensee holds a Multistate |
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License; and |
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G. Provide for the licensure and mobility of the workforce |
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in the profession, while addressing the shortage of workers and |
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lessening the associated burdens on the Member States. |
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ARTICLE 2- DEFINITIONS |
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As used in this Compact, and except as otherwise provided, |
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the following definitions shall govern the terms herein: |
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A. "Active Duty Military" means any individual in full-time |
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duty status in the active uniformed service of the United States |
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including members of the National Guard and Reserve. |
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B. "Adverse Action" means any administrative, civil, |
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equitable, or criminal action permitted by a Member State's laws |
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which is imposed by a Licensing Authority or other regulatory body |
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against a or Cosmetologist, including actions against an |
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individual's licensure privilege such as revocation, suspension, |
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probation, monitoring of the Licensee, limitation of the Licensee's |
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practice, or any other Encumbrance on licensure affecting an |
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individual's ability to participate in the Cosmetology industry, |
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including the issuance of a cease and desist order. |
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C. "Authorization to Practice" means a legal authorization |
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associated with a Multistate License permitting the Practice of |
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Cosmetology in a remote state. |
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D. "Alternative Program" means a non-disciplinary |
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monitoring or prosecutorial diversion program approved by a Member |
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State's Licensing Authority. |
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E. "Background Check" means the submission of information |
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for an applicant for the purpose of obtaining that applicant's |
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criminal history record information, as further defined in 28 |
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C.F.R. § 20.3(d), from the Federal Bureau of Investigation and the |
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agency responsible for retaining state criminal or disciplinary |
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history in the applicant's Home State. |
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F. "Commission" shall refer to the national administrative |
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body whose membership consists of all states that have enacted this |
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Compact, and which is known as the Cosmetology Licensure Compact |
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Commission. |
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G. "Cosmetologist" means an individual licensed in their |
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Home State to practice Cosmetology. |
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H. "Cosmetology", "Cosmetology Services", and the "Practice |
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of Cosmetology" mean the care and services provided by a |
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Cosmetologist as set forth in the Member State's statutes and |
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regulations in the State where the services are being provided. |
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I. "Current Significant Investigative Information" means: |
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1. Investigative Information that a Licensing |
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Authority, after an inquiry or investigation that complies with a |
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Member State's due process requirements, has reason to believe is |
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not groundless and, if proved true, would indicate a violation of |
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that State's laws regarding fraud or the Practice of Cosmetology; |
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or |
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2. Investigative Information that indicates that a |
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Licensee has engaged in fraud or represents an immediate threat to |
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public health and safety, regardless of whether the Licensee has |
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been notified and had an opportunity to respond. |
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J. "Data System" means a repository of information about |
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Licensees, including but not limited to license status, |
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Investigative Information, and Adverse Actions. |
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K. "Disqualifying Event" means any event which shall |
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disqualify an individual from holding a Multistate License under |
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this Compact, which the Commission may by Rule or order specify. |
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L. "Encumbered License" means a license in which an Adverse |
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Action restricts the Practice of Cosmetology by a Licensee, or |
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where said Adverse Action has been reported to the Commission. |
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M. "Encumbrance" means a revocation or suspension of, or any |
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limitation on, the full and unrestricted Practice of Cosmetology by |
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a Licensing Authority. |
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N. "Executive Committee" means a group of commissioners |
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elected or appointed to act on behalf of, and within the powers |
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granted to them by, the Commission. |
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O. "Home State" means the Member State which is a Licensee's |
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primary state of residence, and where that Licensee holds an active |
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and unencumbered license to practice Cosmetology. |
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P. "Investigative Information" means information, records, |
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or documents received or generated by a Licensing Authority |
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pursuant to an investigation or other inquiry. |
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Q. "Jurisprudence Requirement" means the assessment of an |
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individual's knowledge of the laws and rules governing the Practice |
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of Cosmetology in a State. |
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R. "Licensing Authority" means a Member State's regulatory |
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body responsible for issuing Cosmetology licenses or otherwise |
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overseeing the Practice of Cosmetology in that State. |
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S. "Licensee" means an individual who currently holds an |
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authorization from a Member State to practice as a Cosmetologist. |
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T. "Member State" means any State that has adopted this |
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Compact. |
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U. "Multistate License" means a license to practice as a |
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Cosmetologist in all Member States issued by the Licensing |
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Authority of the Licensee's Home State pursuant to this Compact. |
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V. "Remote State" means any Member State, other than the |
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Licensee's Home State. |
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W. "Rule" means any rule or regulation promulgated by the |
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Commission under this Compact which has the force of law. |
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X. "Single-State License" means a Cosmetology license |
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issued by a Member State that authorizes practice of Cosmetology |
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only within the issuing state and does not include any |
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authorization outside of the issuing state. |
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Y. "State" means a state, territory, or possession of the |
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United States and the District of Columbia. |
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Z. "State Practice Laws" means a Member State's laws, rules, |
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and regulations that govern the Practice of Cosmetology, define the |
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scope of such practice, and create the methods and grounds for |
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imposing discipline. |
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ARTICLE 3- MEMBER STATE REQUIREMENTS |
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A. To be eligible to join this Compact, and to maintain |
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eligibility as a Member State, a State must: |
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1. License and regulate Cosmetology; |
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2. Have a mechanism or entity in place to receive and |
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investigate complaints about Licensees practicing in that state; |
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3. Require that Licensees within the State pass a |
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competency examination prior to being licensed to provide |
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Cosmetology Services to the public in that State; |
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4. Require that Licensees satisfy educational or |
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training requirements prior to being licensed to provide |
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Cosmetology Services to the public in that State; |
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5. Implement procedures for considering one or more of |
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the following categories of information from applicants for |
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licensure: criminal history; disciplinary history; or Background |
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Check. Such procedures may include the submission of information by |
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applicants for the purpose of obtaining an applicant's Background |
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Check as defined herein; |
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6. Participate in the Data System, including through |
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the use of unique identifying numbers; |
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7. Share information related to disciplinary actions |
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with the Commission and other Member States, both through the Data |
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System and otherwise; |
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8. Notify the Commission and other Member States, in |
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compliance with the terms of the Compact and Rules of the |
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Commission, of any Current Significant Investigative Information |
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in the State's possession regarding a Licensee practicing in that |
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State; |
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9. Comply with such Rules as may be enacted by the |
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Commission to administer the Compact; and |
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10. Accept Licensees from other Member States as |
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established herein. |
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B. Member States may charge a fee for granting a license to |
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practice Cosmetology. |
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C. Individuals not residing in a Member State shall continue |
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to be able to apply for a Member State's Single-State License as |
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provided under the laws of each Member State. However, the |
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Singe-State License granted to these individuals shall not be |
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recognized as granting a Multistate License to provide services in |
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any other Member State. |
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D. Nothing in this Compact shall affect the requirements |
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established by a Member State for the issuance of a Single-State |
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License. |
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E. A Multistate License issued to a Licensee by a Home State |
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to a resident of that State shall be recognized by each Member State |
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as authorizing a Licensee to practice Cosmetology in each Member |
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State. |
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F. At no point shall the Commission have the power to define |
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the educational or professional requirements for a license to |
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practice Cosmetology. The Member States shall retain sole |
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jurisdiction over the provision of these requirements. |
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ARTICLE 4- MULTISTATE LICENSE PROGRAM |
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A. A Licensee who holds an active and unencumbered license |
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to practice Cosmetology in their Home State shall be entitled to |
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apply to their Home State's Licensing Authority for a Multistate |
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License. |
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B. Upon the receipt of an application for a Multistate |
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License for Cosmetology, according to the Rules of the Commission, |
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a Member State's Licensing Authority shall ascertain whether the |
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applicant meets the requirements for a Multistate License under |
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this Compact using any and all information available to the |
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Licensing Authority, including, but not limited to, information |
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uploaded to the Data System by the applicant's Home State. |
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C. If an applicant meets the requirements for a Multistate |
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License under this Compact and any Rules of the Commission, the |
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Licensing Authority in receipt of the application shall, within a |
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reasonable time, grant a Multistate License to that applicant, and |
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inform all Member States of the grant of said Multistate License. |
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D. A Multistate License to practice Cosmetology issued by a |
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Member State's Licensing Authority shall be recognized by each |
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Member State as authorizing the practice thereof as though that |
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Licensee held a Single-State License to do so in each Member State, |
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subject to the restrictions herein. |
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E. A Multistate License granted pursuant to this Compact may |
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be effective for a definite period of time, concurrent with renewal |
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of the Home State License. |
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F. To qualify for a Multistate License under this Compact, |
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and to maintain eligibility for such a license, an applicant must: |
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1. Hold an active, unencumbered license in the |
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applicant's Home State; |
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2. Be assigned and maintain a unique identifying |
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number, according to the Rules of the Commission; |
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3. Agree to abide by the rules and requirements of the |
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Licensing Authority, and the State Practice Laws, of any Member |
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State in which the applicant provides services; |
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4. Pay all required fees related to the application |
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and certification process, and any other fees which the Commission |
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may by Rule require; and |
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5. Comply with any and all other requirements |
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regarding Multistate Licenses which the Commission may by Rule |
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provide. |
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G. A Licensee providing services in a Member State must |
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comply with the State Practice Laws of the State in which the |
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services are provided, and all other applicable laws of that State. |
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H. The Practice of Cosmetology under a Multistate License |
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granted pursuant to this Compact will subject the Licensee to the |
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jurisdiction of the Licensing Authority, the courts, and the laws |
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of the Member State in which the Cosmetology Services are provided. |
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ARTICLE 5- OBTAINING A NEW HOME STATE LICENSE UNDER THE MULTISTATE |
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LICENSE |
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A. Under the Multistate Licensure Program in Article 4, a |
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Licensee may hold a Home State License in only one Member State at |
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any given time. |
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B. If a Licensee changes their Primary State of Residence by |
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moving between two Member States: |
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1. The Licensee shall file an application for |
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obtaining a new Home State License under the Multistate Licensure |
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Program pursuant to Article 4, pay all applicable fees, and notify |
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the current and new Home States in accordance with the Rules of the |
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Commission. |
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2. Upon receipt of an application for obtaining a new |
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Home State License under the Multistate Licensure Program, the new |
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Home State shall verify that the Licensee meets the criteria |
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outlined in Article 4 via the Data System, without the need for |
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primary source verification. |
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3. If required for initial licensure in that State, a |
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Member State may require an additional Background Check as |
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specified in the laws of that State, or the compliance with any |
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Jurisprudence Requirements of the new Home State. |
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4. A Licensee may hold a Multistate License, as issued |
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by their Home State, in only one Member State at a time. |
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5. If a Licensee holding a Multistate License changes |
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their primary state of residence by moving between two Member |
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States, the Licensee shall apply for licensure in the new Home |
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State, and the Multistate License issued by the prior Home State |
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will be deactivated in accordance with the applicable Rules adopted |
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by the Commission. |
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6. Notwithstanding any other provision of this |
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Compact, if a Licensee cannot meet the criteria set out in Article |
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4, then the new Home State shall use the applicable requirements for |
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a Single-State License in that State. |
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7. A Licensee shall pay all applicable fees to the new |
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Home State in order to be issued a new Home State license. |
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C. If a Licensee changes their Primary State of Residence by |
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moving from a Member State to a non-Member State, or from a |
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non-Member State to a Member State, then the State criteria shall |
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apply for the issuance of a Single-State License in the new Home |
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State. |
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D. Nothing in this Compact shall interfere with a Licensee's |
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ability to hold a Single-State License in multiple States; however, |
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for the purposes of this Compact, a Licensee shall have only one |
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Home State, and only one Multistate License. |
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E. Nothing in this Compact shall interfere with the |
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requirements established by a Member State for the issuance of a |
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Single-State License. |
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ARTICLE 6- AUTHORITY OF THE COMPACT COMMISSION AND MEMBER STATE |
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LICENSING AUTHORITIES |
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A. Nothing in this Compact, nor any Rule or regulation of |
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the Commission, shall be construed to limit, restrict, or in any way |
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reduce the ability of a Member State to enact and enforce laws, |
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regulations, or other rules related to the Practice of Cosmetology |
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in that State, where those laws, regulations, or other rules are not |
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inconsistent with the provisions of this Compact. |
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B. Insofar as practical, a Member State's Licensing |
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Authority shall cooperate with the Commission and with each entity |
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exercising independent regulatory authority over the Practice of |
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Cosmetology according to the provisions of this Compact. |
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C. Licensees operating in a Member State under a Multistate |
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License shall be subject to both the Rules and requirements of the |
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Commission and those of the Member State in which Cosmetology |
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Services are being provided. |
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D. An Adverse Action by a Member State's Licensing Authority |
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against a Licensee shall in no way limit another Member State's |
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authority to grant a Single-State License to that Licensee, or to |
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regulate such Single-State Licenses. |
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E. Discipline shall be the sole responsibility of the State |
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in which Cosmetology Services are provided. Accordingly, each |
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Member State's Licensing Authority shall be responsible for |
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receiving complaints about individuals practicing Cosmetology in |
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that State, and for communicating all relevant Investigative |
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Information about any such Adverse Action to the other Member |
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States through the Data System in addition to any other methods the |
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Commission may by Rule require. |
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ARTICLE 7- ADVERSE ACTIONS |
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A. A Licensee's Home State shall have exclusive power to |
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impose an Adverse Action against Licensee's Multistate License |
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issued by the Home State. |
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B. In addition to the powers conferred by state law, each |
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Member State's Licensing Authority shall have the power to: |
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1. Take Adverse Action against a Licensee's |
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Authorization to Practice Cosmetology through the Multistate |
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License in the Member State, provided that: |
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a. Only the Licensee's Home State shall have the |
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power to take Adverse Action against the license issued by the Home |
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State; and |
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b. For the purposes of taking Adverse Action, the |
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Home State's Licensing Authority shall give the same priority and |
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effect to reported conduct received from a Remote State as it would |
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if such conduct had occurred within the Home State. In so doing, the |
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Home State shall apply its own state laws to determine the |
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appropriate action. |
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2. Issue cease and desist orders or impose an |
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Encumbrance on a Licensee's Authorization to Practice within that |
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Member State. |
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3. Complete any pending investigations of a Licensee |
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who changes their Primary State of Residence during the course of |
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such an investigation. The Licensing Authority shall also be |
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empowered to report the results of such an investigation to the |
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Commission through the Data System as described herein. |
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4. Issue subpoenas for both hearings and |
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investigations that require the attendance and testimony of |
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witnesses, as well as the production of evidence. Subpoenas issued |
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by a Licensing Authority in a Member State for the attendance and |
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testimony of witnesses or the production of evidence from another |
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Member State shall be enforced in the latter state by any court of |
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competent jurisdiction, according to the practice and procedure of |
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that court applicable to subpoenas issued in proceedings before it. |
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The issuing Licensing Authority shall pay any witness fees, travel |
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expenses, mileage, and other fees required by the service statutes |
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of the State in which the witnesses or evidence are located. |
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5. If otherwise permitted by state law, recover from |
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the affected Licensee the costs of investigations and disposition |
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of cases resulting from any Adverse Action taken against that |
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Licensee. |
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6. Take Adverse Action based on the factual findings |
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of a Remote State, provided that the Licensing Authority follows |
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its own procedures for taking such Adverse Action. |
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C. A Licensee's Home State shall complete any pending |
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investigation(s) of a Cosmetologist who changes their Primary State |
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of Residence during the course of the investigation(s). The Home |
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State, shall also have the authority to take appropriate action(s) |
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and shall promptly report the conclusions of the investigations to |
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the Data System. |
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D. If an Adverse Action is taken by the Home State against |
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Licensee's Multistate License, the Licensee's Authorization to |
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Practice in all other Member States shall be deactivated until all |
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Encumbrances have been removed from the Home State license. All |
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Home State disciplinary orders that impose an Adverse Action |
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against a Licensee's Multistate License shall include a statement |
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that the Cosmetologist's Authorization to Practice is deactivated |
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in all Member States during the pendency of the order. |
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E. Nothing in this Compact shall override a Member State's |
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authority to accept a Licensee's participation in an Alternative |
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Program in lieu of Adverse Action. A Licensee's Multistate License |
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shall be suspended for the duration of the Licensee's participation |
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in any Alternative Program. |
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ARTICLE 8- ACTIVE DUTY MILITARY AND THEIR SPOUSES |
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Active Duty Military personnel, or their spouses, shall designate a |
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Home State where the individual has a current license in good |
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standing. The individual may retain their Home State designation |
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during any period of service when that individual is on active duty |
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assignment. |
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ARTICLE 9- ESTABLISHMENT OF THE COSMETOLOGY LICENSURE COMPACT |
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COMMISSION |
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A. The Compact Member States hereby create and establish a |
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joint government agency whose membership consists of all member |
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states that have enacted the compact known as the Cosmetology |
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Compact Commission. The Commission is an instrumentality of the |
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Compact States acting jointly and not an instrumentality of any one |
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state. |
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B. Membership, Voting, and Meetings |
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1. Each Member State shall have and be limited to one |
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(1) delegate selected by that Member State's State Licensing |
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Authority. |
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2. The delegate shall be an administrator of the |
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Licensing Authority of the Member State or their designee. |
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3. The Commission shall by Rule or bylaw establish a |
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term of office for delegates and may by Rule or bylaw establish term |
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limits. |
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4. The Commission may recommend removal or suspension |
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any delegate from office. |
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5. A Member State's State Licensing Authority shall |
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fill any vacancy of its delegate occurring on the Commission within |
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60 days of the vacancy. |
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6. Each delegate shall be entitled to one vote on all |
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matters before the Commission requiring a vote by Commission |
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delegates. |
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7. A delegate shall vote in person or by such other |
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means as provided in the bylaws. The bylaws may provide for |
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delegates to meet by telecommunication, videoconference, or other |
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means of communication. |
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8. The Commission shall meet at least once during each |
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calendar year. Additional meetings may be held as set forth in the |
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bylaws. The Commission may meet by telecommunication, video |
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conference or other similar electronic means. |
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C. The Commission shall have the following powers: |
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1. Establish the fiscal year of the Commission; |
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2. Establish code of conduct and conflict of interest |
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policies; |
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3. Establish and amend Rules and bylaws; |
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4. Maintain its financial records in accordance with |
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the bylaws; |
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5. Meet and take such actions as are consistent with |
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the provisions of this Compact, the Commission's Rules, and the |
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bylaws; |
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6. Initiate and conclude legal proceedings or actions |
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in the name of the Commission, provided that the standing of any |
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State Licensing Board to sue or be sued under applicable law shall |
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not be affected; |
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7. Purchase and maintain insurance and bonds; |
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8. Borrow, accept, or contract for services of |
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personnel, including, but not limited to, employees of a Member |
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State; |
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9. Conduct an annual financial review |
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10. Hire employees, elect or appoint officers, fix |
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compensation, define duties, grant such individuals appropriate |
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authority to carry out the purposes of the Compact, and establish |
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the Commission's personnel policies and programs relating to |
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conflicts of interest, qualifications of personnel, and other |
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related personnel matters; |
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11. Assess and collect fees; |
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12. Accept any and all appropriate gifts, donations, |
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grants of money, other sources of revenue, equipment, supplies, |
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materials, and services, and to receive, utilize, and dispose of |
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the same; provided that at all times the Commission shall avoid any |
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appearance of impropriety or conflict of interest; |
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13. Lease, purchase, retain, own, hold, improve, or |
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use any property, real, personal, or mixed, or any undivided |
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interest therein; |
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14. Sell, convey, mortgage, pledge, lease, exchange, |
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abandon, or otherwise dispose of any property real, personal, or |
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mixed; |
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15. Establish a budget and make expenditures; |
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16. Borrow money; |
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17. Appoint committees, including standing |
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committees, composed of members, State regulators, State |
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legislators or their representatives, and consumer |
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representatives, and such other interested persons as may be |
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designated in this Compact and the bylaws; |
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18. Provide and receive information from, and |
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cooperate with, law enforcement agencies; |
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19. Establish and elect an Executive Committee, |
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including a chair and a vice chair; |
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20. Determine whether a State's adopted language is |
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materially different from the model compact language such that the |
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State would not qualify for participation in the Compact; and |
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21. Perform such other functions as may be necessary |
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or appropriate to achieve the purposes of this Compact. |
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D. The Executive Committee |
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1. The Executive Committee shall have the power to act |
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on behalf of the Commission according to the terms of this Compact. |
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The powers, duties, and responsibilities of the Executive Committee |
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shall include: |
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a. Oversee the day-to-day activities of the |
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administration of the compact including enforcement and compliance |
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with the provisions of the compact, its Rules and bylaws, and other |
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such duties as deemed necessary; |
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b. Recommend to the Commission changes to the |
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Rules or bylaws, changes to this Compact legislation, fees charged |
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to Compact Member States, fees charged to licensees, and other |
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fees; |
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c. Ensure Compact administration services are |
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appropriately provided, including by contract; |
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d. Prepare and recommend the budget; |
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e. Maintain financial records on behalf of the |
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Commission; |
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f. Monitor Compact compliance of Member States |
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and provide compliance reports to the Commission; |
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g. Establish additional committees as necessary; |
|
h. Exercise 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 seven |
|
members: |
|
a. The chair and vice chair of the Commission |
|
shall be voting members of the Executive Committee; and |
|
b. The Commission shall elect seven 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 organizations and |
|
the manner of appointment if the number of organizations seeking to |
|
appoint an ex officio member exceeds the number of members |
|
specified in this section. |
|
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. Executive Committee meetings shall be open to |
|
the public, except that the Executive Committee may meet in a |
|
closed, non-public meeting as provided in subsection E.2 below. |
|
b. The Executive Committee shall give ten days' |
|
notice of its meetings, posted on its website and as determined to |
|
provide notice to persons with an interest in the business of the |
|
Commission. |
|
c. The Executive Committee may hold a special |
|
meeting in accordance with subsection E.1.b. below. |
|
E. The Commission shall adopt and provide to the Member |
|
States an annual report. |
|
F. Meetings of the Commission |
|
1. All meetings shall be open to the public, except |
|
that the Commission may meet in a closed, non-public meeting as |
|
provided in subsection F.2 below. |
|
a. Public notice for all meetings of the full |
|
Commission of meetings shall begiven in the same manner as required |
|
under the Rulemaking provisions in Section 11, except that the |
|
Commission may hold a special meeting as provided in subsection |
|
F.1.b below. |
|
b. The Commission may hold a special meeting when |
|
it must meet to conduct emergency business by giving [24, 48,or |
|
other] hours' notice to all commissioners, on the Commission's |
|
website, and other means as provided in the Commission's rules. The |
|
Commission's legal counsel shall certify that the Commission's need |
|
to meet qualifies as an emergency. |
|
2. The Commission or the Executive Committee or other |
|
committees of the Commission may convene in a closed, non-public |
|
meeting for the Commission or Executive Committee or other |
|
committees of the Commission to receive legal advice or to discuss: |
|
a. Non-compliance of a Member State with its |
|
obligations under the Compact; |
|
b. The employment, compensation, discipline or |
|
other matters, practices or procedures related to specific |
|
employees; |
|
c. Current or threatened discipline of a Licensee |
|
or by the Commission or by a Member State's Licensing Board; |
|
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 privileged or confidential; |
|
h. Information of a personal nature where |
|
disclosure would constitute a clearly unwarranted invasion of |
|
personal privacy; |
|
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 issuespursuant to the Compact; |
|
k. Matters specifically exempted from disclosure |
|
by federal or Member State law; or |
|
l. Other matters as promulgated by the Commission |
|
by Rule. |
|
3. 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. |
|
4. 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 |
|
revenue sources as provided in C(12). |
|
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 of the 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. However, all receipts and |
|
disbursements of funds handled by the Commission shall be subject |
|
to an annual financial review bya certified or licensed public |
|
accountant, and the report of the financial review shall be |
|
included in and become part of the annual report of the Commission. |
|
H. Qualified Immunity, Defense, and Indemnification |
|
1. The members, officers, executive director, |
|
employees and representatives 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 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 |
|
procurement 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 director, employee, and representative of the Commission |
|
in any civil action seeking to impose liabilityarising out of any |
|
actual or alleged act, error, or omission that occurred within the |
|
scope of Commission employment, duties, or responsibilities, or as |
|
determined by the commission that the person against whom the claim |
|
is made had a reasonable 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, officer, executive director, employee, and |
|
representative of the Commission for the amount of any settlement |
|
or judgment obtained against that person arising out of any actual |
|
or alleged act, error, or omission that occurred within the scope of |
|
Commission employment, duties, or responsibilities, or that such |
|
person had a reasonable basis for believing occurred within the |
|
scope of Commission employment, duties, or responsibilities, |
|
provided that the actual or alleged act, error, or omission did not |
|
result from the intentional or willful or wanton misconduct of that |
|
person. |
|
4. 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 affirmative 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 sovereign 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 containing licensure, Adverse Action, and the |
|
presence of Current Significant Investigative Information on all |
|
licensed individuals in Member States. |
|
B. 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 or Privilege to |
|
Practice [and information related thereto]; |
|
4. Non-confidential information related to |
|
Alternative Program participation, the beginning and ending dates |
|
of such participation, and other information related to such |
|
participation not made confidential under Member State law; |
|
5. Any denial of application for licensure, and the |
|
reason(s) for such denial; |
|
6. The presence of Current Significant Investigative |
|
Information; and |
|
7. Other information that may facilitate the |
|
administration of this Compact or the protection of the public, as |
|
determined by the Rules of the Commission. |
|
C. The information contained in the data system shall be |
|
considered authentic and not hearsay in any civil action involving |
|
the Commission when accompanied by a certification by the |
|
Commission's data system manager concerning the authenticity of the |
|
data. |
|
D. Current Significant Investigative Information and |
|
Investigative Information pertaining to a Licensee in any Member |
|
State will only be available to other Member States. |
|
E. It is the responsibility of the Member States to report |
|
any Adverse Action against a Licensee. Adverse Action information |
|
pertaining to a Licensee in any Member State will be available to |
|
any other Member State. |
|
F. 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. |
|
G. 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 effectively and efficiently implement and administer the |
|
purposes and provisions of the Compact. In addition to any other |
|
applicable standard of review, in the event a court of competent |
|
jurisdiction holds that the Commission exercised its Rulemaking |
|
authority in a manner that is beyond the scope of the purposes of |
|
the Compact, or the powers granted hereunder, then such an action by |
|
the Commission shall be invalid and have no force or effect. |
|
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 State Practice Laws of a Member State |
|
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 Section and the Rules |
|
adopted thereunder. Rules and amendments shall become binding as of |
|
the date specified in each Rule or amendment. |
|
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. |
|
E. Rules or amendments to the 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 give oral testimony |
|
and submit written 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 platform; |
|
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 testimony on the proposed Rule |
|
and, if different, the time, date, and location of the meeting where |
|
the Commission will consider and vote on the proposed Rule; |
|
2. 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. Prior to adoption of a proposed Rule, the Commission |
|
shall allow persons to submit written data, facts, opinions, and |
|
arguments, which shall be made available to the public. |
|
J. The Commission shall grant an opportunity for a public |
|
hearing before it adopts a Rule or amendment if a hearing is |
|
requested by: |
|
1. At least twenty-five (25) persons; |
|
2. A State or federal governmental subdivision or |
|
agency; or |
|
3. An association or organization having at least |
|
twenty-five (25) members. |
|
K. If a hearing is held on the proposed Rule or amendment, |
|
the Commission shall publish the place, time, and date of the |
|
scheduled public hearing. If the hearing is held via electronic |
|
means, the Commission shall publish the mechanism for access to the |
|
electronic hearing. |
|
1. All persons wishing to be heard at the hearing shall |
|
notify the executive director of the Commission or other designated |
|
member in writing of their desire to appear and testify at the |
|
hearing not less than five (5) business days before the scheduled |
|
date of the hearing. |
|
2. Hearings shall be conducted in a manner providing |
|
each person who wishes to comment a fair and reasonable opportunity |
|
to commend orally or in writing. |
|
3. All hearings will be recorded. A copy of the |
|
recording will be made available on request. |
|
4. Nothing in this section 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 |
|
section. |
|
L. Following the scheduled hearing date, or by the close of |
|
business on the scheduled hearing date if the hearing was not held, |
|
the Commission shall consider all written and oral comments |
|
received. |
|
M. If no written notice of intent to attend the public |
|
hearing by interested parties is received, the Commission may |
|
proceed with promulgation of the proposed Rule without a public |
|
hearing. |
|
N. The Commission shall, by majority vote of all members, |
|
take final action on the proposed Rule and shall determine the |
|
effective date of the Rule, if any, based on the Rulemaking record |
|
and the full text of the Rule. |
|
O. Upon determination that an emergency exists, the |
|
Commission may consider and adopt an emergency Rule without prior |
|
notice, opportunity for comment, or hearing, 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 in order |
|
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 an |
|
administrative Rule that is established by federal law or Rule; or |
|
4. Protect public health and safety. |
|
P. The Commission or authorized committee of the Commission |
|
may direct revisions to a previously adopted Rule or amendment fir |
|
purposes of correcting typographical errors, errors in format, |
|
errors in consistency, or grammatical errors. Public notice of any |
|
revisions shall be posted on the website of the Commission. The |
|
revision 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 material change to a Rule. |
|
A challenge shall be made in writing and delivered to the chair of |
|
the Commission prior to the end of the notice period. If not |
|
challenge is made, the revision will take effect without further |
|
action. If the revision is challenged, the revision may not take |
|
effect with the approval of the Commission. |
|
ARTICLE 12- OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT |
|
A. Oversight |
|
1. The executive, legislative, and judicial branches |
|
of State government in each Member State shall enforce this Compact |
|
and take all actions necessary and appropriate to effectuate the |
|
Compact's purposes and intent. The provisions of this Compact and |
|
the Rules promulgated hereunder shall have standing as statutory |
|
law. |
|
2. All courts shall take judicial notice of the |
|
Compact and the Rules in any judicial or administrative proceeding |
|
in a Member State pertaining to the subject matter of this Compact |
|
which may affect the powers, responsibilities, or actions of the |
|
Commission. |
|
3. The Commission shall be entitled to receive service |
|
of process in any such proceeding, and shall have standing to |
|
intervene in such a proceeding for all purposes. Failure to provide |
|
service of process to the Commission 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: |
|
a. Provide written notice to the defaulting State |
|
and other Member States of the nature of the default, the proposed |
|
means or curing the default and any other action to be taken by the |
|
Commission; and |
|
b. Provide remedial training and specific |
|
technical assistance regarding the default. |
|
2. If a State in default fails to cure the default, the |
|
defaulting State may be terminated from this Compact upon an |
|
affirmative vote of a majority of the Member States, and all rights, |
|
privileges and benefits conferred by this Compact may be terminated |
|
on the effective date of termination. A cure of the default does not |
|
relieve the offending State of obligations or liabilities incurred |
|
during the period of default. |
|
3. 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 the governor, the majority and minority |
|
leaders of the defaulting State's legislature, and each of the |
|
Member States. |
|
4. A State that has been terminated is responsible for |
|
all assessments, obligations, and liabilities incurred through the |
|
effective date of termination, including obligations that extend |
|
beyond the effective date of termination. |
|
5. 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. |
|
6. The defaulting State may appeal the action of the |
|
Commission by petitioning the U.S. District Court for the District |
|
of Columbia or the federal district where the Commission has its |
|
principal offices. The prevailing member shall be awarded all costs |
|
of such litigation, including 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 and Rules of this Compact. |
|
2. By majority vote, the Commission may initiate legal |
|
action in the United States District Court for the District of |
|
Columbia or the federal district where the Commission has its |
|
principal offices against a Member State in default to enforce |
|
compliance with the provisions of the Compact and its promulgated |
|
Rules and bylaws. The relief sought may include both injunctive |
|
relief and damages. In the event judicial enforcement is necessary, |
|
the prevailing member shall be awarded costs of such litigation, |
|
including attorney's fees. |
|
3. The remedies herein shall not be the exclusive |
|
remedies of the Commission. The Commission may pursue any other |
|
remedies available under federal or State law. |
|
ARTICLE 13- DATE OF IMPLEMENTATION OF THE COSMETOLOGY LICENSURE |
|
COMPACT COMMISSION AND ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENT |
|
A. The Compact shall come into effect on the date on which |
|
the Compact statute is enacted into law in the tenth Member State. |
|
The provisions, which become effective at that time, shall be |
|
limited to the powers granted to the Commission relating to |
|
assembly and the promulgation or Rules. Thereafter, the Commission |
|
shall meet and exercise Rulemaking powers necessary to the |
|
implementation and administration of this Compact. |
|
B. Any State that joins the Compact subsequent to the |
|
Commission's initial adoption of the Rules shall be subject to the |
|
Rules 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. |
|
C. Any Member State may withdraw from this Compact by |
|
enacting a statute repealing the same. |
|
1. A Member State's withdrawal shall not take effect |
|
until six (6) months after the enactment of the repealing statute. |
|
2. Withdrawal shall not affect the continuing |
|
requirement of the withdrawing State's Licensing Authority to |
|
comply with the investigative and Adverse Action reporting |
|
requirements of this Compact prior to the effective date of |
|
withdrawal. |
|
D. Nothing contained in this Compact shall be construed to |
|
invalidate or prevent any Cosmetology licensure agreement or other |
|
cooperative agreement between a Member State and a non-member State |
|
that does not conflict with the provisions of this Compact. |
|
E. 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 |
|
This Compact shall be liberally construed so as to effectuate the |
|
purposes thereof. The provisions of this Compact shall be severable |
|
and if any phrase, clause, sentence, or provision of this Compact is |
|
declared to be contrary to the constitution of any Member State or |
|
of the United States or the applicability thereof to any |
|
government, agency, person, or circumstance is held invalid, the |
|
validity of the remainder of this Compact and the applicability |
|
thereof to any government, agency, person, or circumstance shall |
|
not be affected thereby. If this Compact shall be held 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- BINDING EFFECT OF COMPACT AND OTHER LAWS |
|
A. A Licensee providing Cosmetology Services in a Remote |
|
State under a Multistate License shall function within the laws and |
|
regulations of the Remote State. |
|
B. Nothing herein prevents the enforcement of any other law |
|
of a Member State that is not inconsistent with this Compact. |
|
C. Any laws in a Member State in conflict with this Compact |
|
are superseded to the extent of the conflict. |
|
D. Any lawful actions by the Commission, including all Rules |
|
and bylaws promulgated by the Commission, are binding upon the |
|
Member States. |
|
E. All agreements between the Commission and the Member |
|
States are binding in accordance with their terms. |
|
F. In the event any provision of the Compact exceeds the |
|
constitutional limits imposed on the legislature of any Member |
|
State, the provision shall be ineffective to the extent of the |
|
conflict with the constitutional provision in question in that |
|
Member State. |