Ohio § 4713.33

§ 4713.33.

The “Cosmetology Licensure Compact” is hereby ratified, enacted into law, and entered

into by the state of Ohio as a party to the compact with any other state that has

legally joined in the compact 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 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. Any laws, statutes, regulations, or other legal requirements in a Member State in

conflict with the Compact are superseded to the extent of the conflict. C. All permissible agreements between the Commission and the Member States are binding

in accordance with their terms.