Bill Text: TX SB16 | 2023 | 88th Legislature 3rd Special Session | Introduced
Bill Title: Relating to the Cosmetology Licensure Compact; authorizing fees.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-10-06 - Filed [SB16 Detail]
Download: Texas-2023-SB16-Introduced.html
| 88S30076 SCP-F | ||
| By: Zaffirini | S.B. No. 16 | |
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| relating to the Cosmetology Licensure Compact; authorizing fees. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Title 9, Occupations Code, is amended by adding | ||
| Chapter 1604 to read as follows: | ||
| CHAPTER 1604. COSMETOLOGY LICENSURE COMPACT | ||
| Sec. 1604.001. COSMETOLOGY LICENSURE COMPACT. The | ||
| Cosmetology Licensure Compact is enacted and entered into with all | ||
| other jurisdictions that legally join the compact, which reads 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; | ||
| 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 | ||
| following 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 Cosmetologist, 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 Encumbrance | ||
| 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 | ||
| prosecutorial 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 | ||
| legislation to adopt this Compact where such legislation | ||
| predates the effective 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 | ||
| Cosmetology" 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 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 | ||
| Information, 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 | ||
| limitation 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 unencumbered license to practice Cosmetology. | ||
| Q. "Investigative Information" means information, records, or | ||
| documents 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; | ||
| 3. Require that Licensees within the State pass a | ||
| Cosmetology competency 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 history; 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 | ||
| Information 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 Licensee must hold an active and unencumbered Single-State | ||
| License to practice 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 | ||
| Licensing Authority shall ascertain whether the applicant meets | ||
| the requirements 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. | ||
| 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 | ||
| effective 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, unencumbered 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 accordance 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 compliance 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 reissuance 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 requirements 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. | ||
| 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 | ||
| Commission, 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 communicating 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 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 Practice 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 disciplinary orders that impose an Adverse Action | ||
| against a Licensee's Multistate License shall include a | ||
| statement that the Cosmetologist's Authorization 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 investigations of | ||
| Licensees. | ||
| 2. Member States shall share any investigative, | ||
| litigation, or compliance 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 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 vacancy. | ||
| 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 Commission 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 established 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 jurisprudence | ||
| 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; | ||
| 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 different from the model Compact language | ||
| such that the State would not qualify 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 necessary; | ||
| 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 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 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 Committee 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 emergency 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, practices 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 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 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 revenue, 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 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 | ||
| liability arising 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. | ||
| 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 participation, the beginning and ending dates | ||
| of such participation, and other information related to | ||
| such participation; | ||
| 5. Any denial of application for licensure, and the | ||
| reason(s) for such denial (excluding the reporting of | ||
| any criminal history record information 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 | ||
| Commission or an agent thereof, shall constitute the | ||
| authenticated business records of the Commission, and shall be | ||
| entitled to any associated hearsay 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 | ||
| database 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 | ||
| effectively 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. | ||
| 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 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 public comments 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. 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 | ||
| 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 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 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 Commission 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, privileges and | ||
| benefits conferred on that State 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. | ||
| 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 | ||
| 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 | ||
| assessments, 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 Columbia or the federal | ||
| district where the Commission has its principal | ||
| offices. The prevailing party shall be awarded all | ||
| costs of such litigation, 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 | ||
| 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. | ||
| 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. 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 terminated 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 furtherance 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 | ||
| Commission'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 | ||
| statute 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 withdrawing State's State Licensing Authority to | ||
| comply with the investigative 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 Licensees within that State. | ||
| Notwithstanding any subsequent statutory enactment 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 | ||
| implementation and administration of the Compact. Provisions of | ||
| the Compact expressly authorizing or requiring the promulgation | ||
| of Rules shall not 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. All permissible agreements between the Commission and the Member | ||
| States are binding in accordance with their terms. | ||
| Sec. 1604.002. ADMINISTRATION OF COMPACT. The Texas | ||
| Department of Licensing and Regulation is the Cosmetology Licensure | ||
| Compact administrator for this state. | ||
| Sec. 1604.003. RULES. The Texas Commission of Licensing | ||
| and Regulation may adopt rules necessary to implement this chapter. | ||
| SECTION 2. This Act takes effect on the 91st day after the | ||
| last day of the legislative session. | ||
