ARTICLE 2 - DEFINITIONS A S USED IN THCSOMPACT ,AND EXCEPT AS OTHERWISE PROVIDED,THE FOLLOWING DEFINITIONS SHALL GOVERN THE TERMS HEREI:

A.

"ACTIVE M ILITARY M EMBER " MEANS ANY PERSON WITH FULL-TIME DUTY STATUS IN THE ARMED FORCES OF THEUNITED STATES, INCLUDING MEMBERS OF THE NATIONAL G UARD 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 S TATE LICENSING A UTHORITY OR OTHER REGULATORY BODY AGAINST A -4- 1111 COSMETOLOGIST ,INCLUDING ACTIONS AGAINST AN INDIVIDUAS LICENSE ORAUTHORIZATION TO PRACTICE SUCH AS REVOCATION, SUSPENSION, PROBATION , MONITORING OF THE L ICENSEE, LIMITATION OF THE LICENSEE'S PRACTICE, OR ANY OTHER ENCUMBRANCEONALICENSEAFFECTINGANINDIVIDUAL SABILITY TOPARTICIPATEINTHE COSMETOLOGYINDUSTRY INCLUDINGTHE ISSUANCE OF A CEASE AND DESIST ORD.R C.

"ALTERNATIVE PROGRAM " MEANS A NON -DISCIPLINARY MONITORINGORPROSECUTORIALDIVERSIONPROGRAMAPPROVED BY AM EMBER S TATES STATEL ICENSINGAUTHORITY .

D.

"AUTHORIZATIONTO PRACTICE"MEANSALEGALAUTHORIZATION ASSOCIATED WITH A M ULTISTATE L ICENSE PERMITTING THE PRACTICE OF COSMETOLOGY IN THAT R EMOTE STATE,WHICH IS SUBJECT TO THE ENFORCEMENT JURISDICTION OF THE STATE LICENSINGA UTHORITY IN THATREMOTE STATE.

E.

"BACKGROUND C HECK"MEANSTHESUBMISSIONOFINFORMATION FOR AN APPLICANT FOR THE PURPOSE OF OBTAINING THAT APPLICANT'S CRIMINAL HISTORY RECORD INFORMATION , AS FURTHER DEFINED IN 28 CFR 20.3 (d),FROM THE F EDERAL BUREAU OF INVESTIGATION AND THE AGENCY RESPONSIBLE FOR RETAINING STATE CRIMINAL OR DISCIPLINARY HISTORY IN THE APPLICANT'SHOME STATE.

F.

"CHARTER M EMBER STATE "MEANS M EMBER STATES THAT HAVE ENACTED LEGISLATION TO ADOPT THIS COMPACT WHERE SUCH LEGISLATIONPREDATESTHEEFFECTIVEDATEOFTHIS C OMPACTAS DEFINED INARTICLE13.

G.

"COMMISSION " MEANS THE GOVERNMENT AGENCY IN WHICH -5- 1111 MEMBERSHIP CONSISTS OF ALLSTATES THAT HAVE ENACTED THIS COMPACT ,WHICH IS KNOWN AS THE C OSMETOLOGY LICENSURE COMPACT COMMISSION ,AS DEFINED INA RTICLE9,AND WHICH SHALL OPERATE AS AN INSTRUMENTALITY OF THE MEMBER STATES.

H.

"COSMETOLOGIST " MEANS AN INDIVIDUAL LICENSED IN THEIR H OME STATE TO PRACTICECOSMETOLOGY .

I.

"COSMETOLOGY ", "COSMETOLOGY S ERVICES", AND THE "PRACTICE OF COSMETOLOGY "MEAN THE CARE AND SERVICES PROVIDED BY A COSMETOLOGIST AS SET FORTH IN THM EMBER STATE'S STATUTES AND REGULATIONS IN THESTATE WHERE THE SERVICES ARE BEING PROVIDE.

J.

"CURRENT S IGNIFICANINVESTIGATIVE NFORMATION " MEANS :

1.

INVESTIGATIVEINFORMATION THAT A STATE LICENSING AUTHORITY ,AFTER AN INQUIRY OR INVESTIGATION THAT COMPLIES WITH A M EMBER STATES DUE PROCESS REQUIREMENTS , HAS REASON TO BELIEVE IS NOT GROUNDLESS AND ,IF PROVED TRUE, WOULD INDICATE A VIOLATION OF THATSTATE'S LAWS REGARDING FRAUD OR THE PRACTICE OFCOSMETOLOGY ;OR 2.

INVESTIGATIVE NFORMATION 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 RESPON.

K.

"DATA S YSTEM" MEANS A REPOSITORY OF INFORMATION ABOUT LICENSEES,INCLUDING, BUT NOT LIMITED TO,LICENSE STATUS, -6- 1111 INVESTIGATIVEINFORMATION ,AND A DVERSEA CTIONS.

L.

"DISQUALIFYING EVENT" MEANS ANY EVENT THAT DISQUALIFIES AN INDIVIDUAL FROM HOLDING A M ULTISTATE LICENSE UNDER THISCOMPACT ,WHICHTHE COMMISSION MAY BY RULE ORORDER SPECIFY.

M.

"ENCUMBERED LICENSE"MEANSALICENSEINWHICHAN A DVERSE A CTION RESTRICTS THE P RACTICE OF C OSMETOLOGY BY A LICENSEE,ORWHERESAID ADVERSE A CTIONHASBEENREPORTED TO THEC OMMISSION.

N.

"ENCUMBRANCE "MEANS A REVOCATION OR SUSPENSION OF ,OR ANY LIMITATION ON,THE FULL AND UNRESTRICTEDPRACTICE OF COSMETOLOGY BY A STATE LICENSINGA UTHORITY.

O.

"EXECUTIVE COMMITTEE " MEANS A GROUP OF DELEGATES ELECTED OR APPOINTED TO ACT ON BEHALF O,AND WITHIN THE POWERS GRANTED TO THEM BY ,THEC OMMISSION.

P.

"HOME STATE "MEANSTHE M EMBER STATEWHICHISA LICENSEES PRIMARY STATEOFRESIDENCE ,ANDWHERETHAT L ICENSEEHOLDS AN ACTIVE AND UNENCUMBERED LICENSE TO PRACTICE COSMETOLOGY .

Q.

"INVESTIGATIVEINFORMATION "MEANS INFORMATION ,RECORDS , OR DOCUMENTS RECEIVED OR GENERATED BY ASTATE LICENSING A UTHORITY PURSUANT TOANINVESTIGATIONOR OTHER INQUIRY .

R.

"JURISPRUDENCE REQUIREMENT "MEANS THE ASSESSMENT OF AN INDIVIDUALS KNOWLEDGE OF THE LAWS AND RULES GOVERNING THE PRACTICE OFCOSMETOLOGY IN A STATE .

S.

"LICENSEE" MEANS AN INDIVIDUAL WHO CURRENTLY HOLDS A LICENSE FROM A M EMBER STATE TO PRACTICE AS A -7- 1111 COSMETOLOGIST .

T.

"MEMBER STATE" MEANS ANY STATE THAT HAS ADOPTED THIS COMPACT .

U.

"MULTISTATEL ICENS"MEANSALICENSEISSUEDBYANDSUBJECT TO THE ENFORCEMENT JURISDICTION OF THESTATE LICENSING AUTHORITY IN AL ICENSE'SH OME STATE,WHICH AUTHORIZES THE PRACTICE OF COSMETOLOGY IN M EMBER STATES AND INCLUDESA UTHORIZATIONS TOPRACTICE COSMETOLOGY IN ALL REMOTE STATES PURSUANT TO THISCOMPACT .

V.

"REMOTE STATE" MEANS ANY M EMBER STATE,OTHER THAN THE LICENSEESH OME STATE.

W.

"RULE"MEANS ANY RULE OR REGULATION PROMULGATED BY THE COMMISSION UNDER THIS COMPACT WHICH HAS THE FORCE OF LAW.

X.

"SINGLE-TATE LICENSE" MEANS A C OSMETOLOGY LICENSE ISSUED BY AM EMBER STATE THAT AUTHORIZES PRACTICE OF COSMETOLOGY ONLY WITHIN THE ISSUINGSTATE AND DOES NOT INCLUDE ANY AUTHORIZATION OUTSIDE OF THE ISSUSNTATE.

Y.

"STATE" MEANS A STATE, TERRITORY,OR POSSESSION OF THE UNITED STATES AND THEDISTRICT OC OLUMBIA.

Z.

"STATE LICENSING AUTHORITY " MEANS A M EMBER STATE S REGULATORY BODY RESPONSIBLE FOR ISSUING C OSMETOLOGY LICENSES OR OTHERWISE OVERSEEING THE PRACTICE OF COSMETOLOGY IN THAT STATE.

ARTICLE 3 - MEMBER STATE REQUIREMENTS A.

TO BE ELIGIBLE TO JOIN THISC OMPACT AND TO MAINTAIN ELIGIBILITY ASMAEMBER STATE,A STATE MUST:

-8- 1111 1.

LICENSE AND REGULATEC OSMETOLOGY ;

2.

HAVE A MECHANISM OR ENTITY IN PLACE TO RECEIVE AND INVESTIGATE COMPLAINTS ABOUTLICENSEES PRACTICING IN THATSTATE;

3.

REQUIRE THAT LICENSEES WITHIN THE STATE PASS A COSMETOLOGY COMPETENCY EXAMINATION PRIOR TO BEING LICENSED TO PROVIDCOSMETOLOGY SERVICES TO THE PUBLIC IN THASTATE;

4.

REQUIRE THAT LICENSEES SATISFY EDUCATIONAL OR TRAINING REQUIREMENTS IN C OSMETOLOGY PRIOR TO BEING LICENSED TO PROVIDCOSMETOLOGY SERVICES TO THE PUBLIC IN THASTATE;

5.

IPLEMENT PROCEDURES FOR CONSIDERING ONE OR MORE OF THE FOLLOWING CATEGORIES OF INFORMATION FROM APPLICANTS FOR LICENSURE:

C RIMINAL HISTORY , DISCIPLINARY HISTOR,OR B ACKGROUND CHECK .

UCH PROCEDURES MAY INCLUDE THE SUBMISSION OF INFORMATION BY APPLICANTS FOR THE PURPOSE OF OBTAINING AN APPLICANT S B ACKGROUND C HECK AS DEFINED HEREI;

6.

PARTICIPATE IN THDATA SYSTEM ,INCLUDING THROUGH THE USE OF UNIQUE IDENTIFYING NUMBE;S 7.

SHAREINFORMATIONRELATEDTO A DVERSEA CTIONSWITH THE COMMISSION AND OTHER M EMBER STATES ,BOTH THROUGH THE DATA SYSTEM AND OTHERWISE ;

8.

NOTIFYTHE COMMISSIONANDOTHER M EMBER STATES,IN COMPLIANCE WITH THE TERMS OF THE COMPACT AND -9- 1111 R ULES OF THE COMMISSION , OF THE EXISTENCE OF INVESTIGATIVE NFORMATION OR CURRENT S IGNIFICANT INVESTIGATIVEINFORMATION IN THESTATE'S POSSESSION REGARDING A LICENSEE PRACTICING IN THASTATE;

9.

C OMPLY WITH SUCH RULES AS MAY BE ENACTED BY THE C OMMISSION TO ADMINISTER THC OMPACT;AND 10.

A CCEPT LICENSEES FROM OTHER M EMBER S TATES AS ESTABLISHED HEREIN.

B.

M EMBER STATESMAYCHARGEAFEEFORGRANTINGALICENSETO PRACTICECOSMETOLOGY .

C.

IDIVIDUALS NOT RESIDING INMAEMBER STATE MAY APPLY FOR AM EMBER STATE SSINGLE-STATE LICENSE AS PROVIDED UNDER THE LAWS OF EACH M EMBER STATE.

H OWEVER , THE SINGLE-STATEL ICENSE GRANTED TO THESE INDIVIDUALS SHALL NOT BE RECOGNIZED AS GRANTING A MULTISTATE LICENSE TO PROVIDE SERVICES IN ANY OTHMREMBER STATE .

D.

NOTHING IN THIS C OMPACT AFFECTS THE REQUIREMENTS ESTABLISHED BY A M EMBER STATE FOR THE ISSUANCE OF A SINGLE-STATELICENSE.

E.

A MULTISTATEL ICENSEISSUEDTOA LICENSEEBYA H OMES TATE TO A RESIDENT OF THASTATE SHALL BE RECOGNIZED BY EACH M EMBER STATE AS AUTHORIZING A LICENSEE TO PRACTICE COSMETOLOGY IN EACH M EMBER STATE.

F.

ATNOPOINTSHALLTHE C OMMISSIONHAVETHEPOWERTODEFINE THE EDUCATIONAL OR PROFESSIONAL REQUIREMENTS FOR A LICENSE TO PRACTICEC OSMETOLOGY .

THE M EMBER STATES SHALL RETAIN SOLE JURISDICTION OVER THE PROVISION OF THESE -10- 1111 REQUIREMENTS .

ARTICLE 4 - MULTISTATE LICENSE A.

TO BE ELIGIBLE TO APPLY TO THEIR HOME STATE S STATE LICENSING AUTHORITY FOR AN INITIAL M ULTISTATEL ICENSE UNDER THISC OMPACT ,AL ICENSEE MUST HOLD AN ACTIVE AND UNENCUMBERED S INGLE-STATE L ICENSE TO PRACTICE COSMETOLOGY IN THEIRH OME STATE.

B.

UPON THE RECEIPT OF AN APPLICATION FOR A M ULTISTATE LICENSE,ACCORDING TO THE R ULES OF THE COMMISSION ,A M EMBER STATESSTATE LICENSINGAUTHORITYSHALLASCERTAIN WHETHER THE APPLICANT MEETS THE REQUIREMENTS FOR A M ULTISTATELICENSE UNDER THISCOMPACT .

C.

IF AN APPLICANT MEETS THE REQUIREMENTS FOR M ULTISTATE LICENSE UNDER THISCOMPACT AND ANY APPLICABLE R ULES OF THE COMMISSION,THE STATE LICENSINGA UTHORITY IN RECEIPT OF THE APPLICATION SHALWITHIN A REASONABLE TIME,GRANT A M ULTISTATELICENSE TO THAT APPLICANT,AND INFORM ALL M EMBER STATES OF THE GRANT OF SAIMULTISTATE LICENSE.

D.

A M ULTISTATELICENSE TO PRACTICECOSMETOLOGY ISSUED BY A M EMBER S TATES STATE L ICENSINGA UTHORITY SHALL BE RECOGNIZED BY EACH M EMBER STATE AS AUTHORIZING THE PRACTICE THEREOF AS THOUGH THAT LICENSEE HELD A SINGLE-STATE LICENSE TO DO SO IN EACH M EMBER STATE, SUBJECT TO THE RESTRICTIONS HERE.N E.

A M ULTISTATELICENSE GRANTED PURSUANT TO THISC OMPACT MAY BE EFFECTIVE FOR A DEFINITE PERIOD OF,CONCURRENT WITH THE LICENSURE RENEWAL PERIOD IN THEOME STATE.

-11- 1111 F.

TO MAINTAIN AM ULTISTATEL ICENSE UNDER THIC OMPACT ,A LICENSEE MUST:

1.

A GREE TO ABIDE BY THE RULES OF TSTATE LICENSING A UTHORITY, AND THE STATE SCOPE OF PRACTICE LAWS GOVERNING THE PRACTICE OF C OSMETOLOGY ,OF ANY M EMBER STATE IN WHICH THE L ICENSEE PROVIDES SERVICES;

2.

P AYALLREQUIREDFEESRELATEDTOTHEAPPLICATIONAND PROCESS ,AND ANY OTHER FEES WHICH THECOMMISSION MAY BY R ULE REQUIR;AND 3.

C OMPLY WITH ANY AND ALL OTHER REQUIREMENTS REGARDING M ULTISTATE L ICENSES WHICH THE C OMMISSION MAY BYR ULE PROVID.

G.

A LICENSEE PRACTICING INMAEMBER STATE IS SUBJECT TO ALL SCOPEOFPRACTICELAWSGOVERNING COSMETOLOGY SERVICESIN THAT STATE.

H.

THE PRACTICE OC OSMETOLOGY UNDER A M ULTISTATELICENSE GRANTED PURSUANT TO THIS COMPACT WILL SUBJECT THE LICENSEE TO THE JURISDICTION OF THE STATE LICENSING AUTHORITY THE COURTS,AND THE LAWS OF THEMEMBER S TATE IN WHICH THC OSMETOLOGY S ERVICES ARE PROVIDE.

ARTICLE 5 - REISSUANCE OF A MULTISTATE LICENSE BY A NEW HOME STATE A.

A LICENSEE MAY HOLD M ULTISTATEL ICENS,ISSUED BY THEIR HOME STATE ,IN ONLY ONM EMBER STATE AT ANY GIVEN TIM.

B.

IA LICENSEECHANGESTHEIR H OME STATEBYMOVINGBETWEEN TWO M EMBER STATES:

-12- 1111 1.

T HE LICENSEE SHALL IMMEDIATELY APPLY FOR THE REISSUANCE OF THEIRMULTISTATE LICENSE IN THEIR NEW H OME STATE.

THEL ICENSEE SHALL PAY ALL APPLICABLE FEESANDNOTIFYTHE PRIOR H OME STATE INACCORDANCE WITH THE RULES OF THECOMMISSION.

2.

U PON RECEIPT OF AN APPLICATION TO REISSUE A M ULTISTATE LICENSE, THE NEW HOME STATE SHALL VERIFY THAT THE M ULTISTATE LICENSE IS ACTIVE, UNENCUMBERED ,AND ELIGIBLE FOR REISSUANCE UNDER THE TERMS OF THE COMPACT AND THE R ULES OF THE C OMMISSION.

THEM ULTISTATE LICENSE ISSUED BY THE PRIOR H OME STATE WILL BE DEACTIVATED AND ALL M EMBER STATES NOTIFIED IN ACCORDANCE WITH THE APPLICABLE RULES ADOPTED BY THECOMMISSION .

3.

IFREQUIREDFORINITIALLICENSURE,THENEW H OMES TATE MAYREQUIRE A B ACKGROUND CHECK ASSPECIFIEDINTHE LAWS OF THAT STATE, OR THE COMPLIANCE WITH ANY JURISPRUDENCE REQUIREMENTSOFTHENEW HOME STATE.

4.

N OTWITHSTANDING ANY OTHER PROVISION OF THIS C OMPACT , IF A L ICENSEE DOES NOT MEET THE REQUIREMENTS SET FORTH IN THIS C OMPACT FOR THE REISSUANCEOFA MULTISTATEL ICENSEBYTHENEW HOME S TATE,THEN THELICENSEE IS SUBJECT TO THE NHOME S TATE REQUIREMENTS FOR THE ISSUANCE OF A S INGL-STATE LICENSE IN THASTATE .

C.

I AL ICENSEE CHANGES THEIR PRIMARY STATE OF RESIDENCE BY MOVING FROM A M EMBER STATE TO A NON-MEMBER STATE ,OR -13- 1111 FROM A NON -MEMBER STATE TO A M EMBER STATE ,THEN THE LICENSEE IS SUBJECT TO THE STATE REQUIREMENTS FOR THE ISSUANCE OF ASINGLE-STATEL ICENSE IN THE NEHOME STATE .

D.

N OTHING IN THIS COMPACT INTERFERES WITH A LICENSEES ABILITY TO HOLD SINGLE-STATE LICENSE IN MULTIPLSTATES ;

HOWEVER , FOR THE PURPOSES OF THISC OMPACT ,A LICENSEE SHALLHAVEONLYONE H OME STATE,ANDONLYONE M ULTISTATE LICENSE.

E.

N OTHINGINTHISC OMPACTINTERFERESWITHTHEREQUIREMENTS 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.

N OTHING IN THICOMPACT ,NOR ANY RULE OR REGULATION OF THE COMMISSION,SHALLBECONSTRUEDTOLIMIT ,RESTRICT,ORIN ANY WAY REDUCE THE ABILITY OF A MEMBER STATE TO ENACT ANDENFORCELAWS REGULATIONS ,OROTHERRULESRELATEDTO THE PRACTICE OFC OSMETOLOGY IN THAT STATE, WHERE LAWS , REGULATIONS OROTHERRULESARENOTINCONSISTENTWITHTHE PROVISIONS OF THICOMPACT .

B.

INSOFAR AS PRACTICAL,A M EMBER S TATES STATE LICENSING A UTHORITY SHALLCOOPERATE WITH THE COMMISSION AND WITH EACHENTITYEXERCISINGINDEPENDENTREGULATORYAUTHORITY OVER THE PRACTICE OF COSMETOLOGY ACCORDING TO THE PROVISIONS OF THICOMPACT .

C.

D ISCIPLINE SHALL BE THE SOLE RESPONSIBILITY OFSTATE IN -14- 1111 WHICH COSMETOLOGY SERVICES ARE PROVIDE.

ACCORDINGLY, EACH MEMBER STATES STATEL ICENSINGAUTHORITY SHALL BE RESPONSIBLE FOR RECEIVING COMPLAINTS ABOUT INDIVIDUALS PRACTICING COSMETOLOGY IN THAT S TATE, AND FOR COMMUNICATING ALL RELEVANT INVESTIGATIVEINFORMATION ABOUT ANY SUCH ADVERSE ACTION TO THE OTHER M EMBER STATES THROUGH THED ATAS YSTEM IN ADDITION TO ANY OTHER METHODS THE COMMISSION MAY BY RULE REQUIRE.

ARTICLE 7 - ADVERSE ACTIONS A.

A LICENSEES HOME S TATE SHALL HAVE EXCLUSIVE POWER TO IMPOSEAN ADVERSE ACTIONAGAINSTA LICENSEESM ULTISTATE LICENSE ISSUED BY THHOME STATE.

B.

A HOME STATE MAY TAKE A DVERSE ACTION ON AM ULTISTATE LICENSE BASED ON THINVESTIGATIVEINFORMATION , URRENT SIGNIFICANINVESTIGATIVEINFORMATION ,ORA DVERSEA CTION OF AREMOTE STATE .

C.

I ADDITION TO THE POWERS CONFERRED BY STATE LAW,EACH REMOTE STATE'SSTATE LICENSINGAUTHORITY SHALL HAVE THE POWER TO:

1.

T AKE A DVERSE A CTION AGAINST A LICENSEES A UTHORIZATION TO PRACTICE COSMETOLOGY THROUGH THE M ULTISTATE LICENSE IN THAT M EMBER STATE, PROVIDED THAT :

a.

O NLY THE LICENSEES HOME STATE SHALL HAVE THEPOWERTOTAKE ADVERSE ACTIONAGAINSTTHE M ULTISTATELICENSEISSUEDBYTHE H OME STATE;

AND -15- 1111 b.

FOR THE PURPOSES OF TAKINGA DVERSE ACTION, THE HOME STATES STATE LICENSINGAUTHORITY SHALL GIVE THE SAME PRIORITY AND EFFECT TO REPORTED CONDUCT RECEIVED FROM A REMOTE STATE AS IT WOULD IF SUCH CONDUCT HAD OCCURRED WITHIN THEH OME STATE.

N SO DOIN, THE H OME STATE SHALL APPLY ITS OWN S TATE LAWS TO DETERMINE THE APPROPRIATE ACTIO.

2.

ISSUE CEASE AND DESIST ORDERS OR IMPOSE AN E NCUMBRANCE ON A L ICENSE'S AUTHORIZATION TO P RACTICE WITHIN THAM EMBER STATE.

3.

C OMPLETE ANY PENDING INVESTIGATIONS OF LICENSEE WHO CHANGES THEIR PRIMARY STATE OF RESIDENCE DURING THE COURSE OF SUCH AN INVESTIGATION .

THE S TATELICENSINGA UTHORITYSHALLALSOBEEMPOWERED TO REPORT THE RESULTS OF SUCH AN INVESTIGATION TO THE COMMISSION THROUGH THE D ATA SYSTEM AS DESCRIBED HEREIN.

4.

ISSUE SUBPOENAS FOR BOTH HEARINGS AND INVESTIGATIONS THAT REQUIRE THE ATTENDANCE AND TESTIMONYOFWITNESSES ,ASWELLASTHEPRODUCTIONOF EVIDENCE .

UBPOENAS ISSUED BY A STATE LICENSING A UTHORITY IN AM EMBER STATE FOR THE ATTENDANCE AND TESTIMONY OF WITNESSES OR THE PRODUCTION OF EVIDENCE FROM ANOTHER M EMBER STATE SHALL BE ENFORCED IN THE LATTER STATE BY ANY COURT OF COMPETENT JURISDICTION,ACCORDING TO THE PRACTICE -16- 1111 AND PROCEDURE OF THAT COURT APPLICABLE TO SUBPOENAS ISSUED IN PROCEEDINGS BEFORE IT .

THE ISSUINGSTATE LICENSING AUTHORITY SHALL PAY ANY WITNESS FEE, TRAVEL EXPENSES,MILEAGE ,AND OTHER FEESREQUIREDBYTHESERVICESTATUTESOFTHE STATEIN WHICH THE WITNESSES OR EVIDENCE ARE LOCATE.

5.

I OTHERWISE PERMITTED BYSTATE LAW ,RECOVER FROM THE AFFECTED LICENSEE THE COSTS OF INVESTIGATIONS ANDDISPOSITIONOFCASESRESULTINGFROMANY ADVERSE ACTION TAKEN AGAINST THATLICENSEE.

6.

TAKE A DVERSE ACTION AGAINST THE LICENSEE'S AUTHORIZATION TO PRACTICE IN THATSTATE BASED ON THE FACTUAL FINDINGS OF ANOTHER EMOTE STATE.

D.

A L ICENSEES HOME STATE SHALL COMPLETE ANY PENDING INVESTIGATIONS) OF A COSMETOLOGIST WHO CHANGES THEIR PRIMARY STATE OF RESIDENCE DURING THE COURSE OF THE INVESTIGATIONS).

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.

IFAN ADVERSE ACTIONISTAKENBYTHE HOME STATE AGAINST A LICENSEE 'S MULTISTATE LICENSE , THE LICENSEE 'S AUTHORIZATION TO P RACTICE IN ALL OTHERM EMBER STATES SHALL BE DEACTIVATED UNTIL ALLENCUMBRANCES HAVE BEEN REMOVED FROM THE H OME STATE LICENSE.

ALLH OME STATE DISCIPLINARYORDERSTHATIMPOSEAN ADVERSE ACTIONAGAINST AL ICENSE'SM ULTISTATELICENSESHALLINCLUDEASTATEMENT -17- 1111 THAT THE C OSMETOLOGIST S AUTHORIZATION TO PRACTICE IS DEACTIVATED INALL M EMBER STATESDURINGTHE PENDENCY OF THE ORDER.

F.

N OTHING IN THIS COMPACT OVERRIDES A M EMBER S TATES AUTHORITY TO ACCEPT A L ICENSEES PARTICIPATION IN AN A LTERNATIVE PROGRAM IN LIEU OF ADVERSE A CTION.

A LICENSEE'SM ULTISTATELICENSE SHALL BE SUSPENDED FOR THE DURATION OF THE LICENSEE S PARTICIPATION IN ANY A LTERNATIVEPROGRAM .

G.

JOINTINVESTIGATIONS 1.

IN ADDITION TO THE AUTHORITY GRANTED TO AMEMBER STATE BY ITS RESPECTIVE SCOPE OF PRACTICE LAWS OR OTHER APPLICABLE STATE LAW ,A M EMBER STATE MAY PARTICIPATE WITH OTHER M EMBER STATES IN JOINT INVESTIGATIONS OFLICENSEES.

2.

M EMBER STATES SHALL SHARE ANY INVESTIGATIVE , LITIGATIO,OR COMPLIANCE MATERIALS IN FURTHERANCE OF ANY JOINT OR INDIVIDUAL INVESTIGATION INITIATED UNDER THE COMPACT .

ARTICLE 8 - ACTIVE MILITARY MEMBERS AND THEIR SPOUSES A CTIVEM ILITARY M EMBERS OR THEIR SPOUSES SHALL DESIGNATE A H OME S TATE WHERE THE INDIVIDUAL HAS A CURRENT LICENSE TO PRACTICE C OSMETOLOGY IN GOOD STANDING .

HE INDIVIDUAL MAY RETAINTHEIRH OME STATEDESIGNATIONDURINGANYPERIODOFSERVICE WHEN THAT INDIVIDUAL OR THEIR SPOUSE IS ON ACTIVE DUTY ASSIGNMENT .

-18- 1111 ARTICLE 9 - ESTABLISHMENT AND OPERATION OF THE COSMETOLOGY LICENSURE COMPACT COMMISSION A.

THE COMPACT M EMBER STATES HEREBY CREATE AND ESTABLISH A JOINT GOVERNMENT AGENCY ,THE MEMBERSHIP OF WHICH CONSISTS OF ALLM EMBER S TATES THAT HAVE ENACTED THE COMPACT ,KNOWN AS THE COSMETOLOGY LICENSURE COMPACT COMMISSION.

THEC OMMISSION IS AN INSTRUMENTALITY OF THE COMPACT M EMBER STATES ACTING JOINTLY AND NOT AN INSTRUMENTALITY OF ANY ONESTATE.

THEC OMMISSION SHALL COME INTO EXISTENCE ON OR AFTER THE EFFECTIVE DATE OF THE COMPACT AS SET FORTH IA RTICLE13.

B.

M EMBERSHIP, OTING,AND M EETINGS 1.

E ACHM EMBER STATESHALLHAVEANDBELIMITEDTOONE (1)DELEGATE SELECTEDBYTHAT M EMBER STATESS TATE L ICENSINGAUTHORITY .

2.

T HEDELEGATESHALLBEANADMINISTRATOROFTHE STATE L ICENSINGAUTHORITY OF THEM EMBER S TATE OR THEIR DESIGNEE.

3.

T HEC OMMISSION SHALL BYRULE OR BYLAW ESTABLISH A TERM OF OFFICE FOR DELEGATES AND MAY BY R ULE OR BYLAW ESTABLISH TERM LIMIT.

4.

T HE COMMISSION MAY RECOMMEND REMOVAL OR SUSPENSION OF ANY DELEGATE FROM OFFIC.

5.

A M EMBER STATE SSTATE LICENSINGA UTHORITY SHALL FILL ANY VACANCY OF ITS DELEGATE OCCURRING ON THE C OMMISSION WITHIN60DAYS OF THE VACANCY.

6.

E ACH DELEGATE SHALL BE ENTITLED TO ONE VOTE ON ALL -19- 1111 MATTERS THAT ARE VOTED ON BY THECOMMISSION .

7.

THE C OMMISSION SHALL MEET AT LEAST ONCE DURING EACH CALENDAR YEAR .

DDITIONAL MEETINGS MAY BE HELDASSETFORTHINTHEBYLAWS .T HECOMMISSIONMAY MEET BY TELECOMMUNICATION ,VIDEO CONFERENCE ,OR OTHER SIMILAR ELECTRONIC MEANS.

C.

THE COMMISSION SHALL HAVE THE FOLLOWING POWERS :

1.

ESTABLISH THE FISCAL YEAR OF TCEOMMISSION;

2.

ESTABLISH CODE OF CONDUCT AND CONFLICT OF INTEREST POLICIE;

3.

ADOPT R ULES AND BYLAWS;

4.

M AINTAIN ITS FINANCIAL RECORDS IN ACCORDANCE WITH THE BYLAWS;

5.

M EET AND TAKE SUCH ACTIONS AS ARE CONSISTENT WITH THE PROVISIONS OF THISCOMPACT , THE COMMISSION S RULES,AND THE BYLAWS ;

6.

INITIATE ANDCONCLUDE LEGALPROCEEDINGSORACTIONS IN THE NAME OF THE COMMISSION, PROVIDED THAT THE STANDINGOFANY STATEL ICENSINGAUTHORITYTOSUEOR BE SUED UNDER APPLICABLE LAW IS NOT AFFECT;D 7.

M AINTAIN AND CERTIFY RECORDS AND INFORMATION PROVIDED TO AM EMBER STATE AS THE AUTHENTICATED BUSINESS RECORDS OF THECOMMISSION AND DESIGNATE AN AGENT TO DO SO ON THC OMMISSION'S BEHAL;

8.

PURCHASE AND MAINTAIN INSURANCE AND BONDS ;

9.

BORROW , ACCEPT , OR CONTRACT FOR SERVICES OF PERSONNEL,INCLUDING BUT NOT LIMITED T,EMPLOYEES -20- 1111 OF AM EMBER STATE;

10.

CONDUCT AN ANNUAL FINANCIAL REVIEW ;

11.

HIRE EMPLOYEES , ELECT OR APPOINT OFFICERS ,FIX COMPENSATION ,DEFINEDUTIES,GRANTSUCHINDIVIDUALS APPROPRIATE AUTHORITY TO CARRYOUT THE PURPOSESOF THE COMPACT , AND ESTABLISH THE COMMISSION S PERSONNEL POLICIES AND PROGRAMS RELATING TO CONFLICTS OF INTERES,QUALIFICATIONS OF PERSONNEL, AND OTHER RELATED PERSONNEL MATTERS ;

12.

AS SET FORTH IN THC OMMISSION RULES,CHARGE A FEE TO ALICENSEE FOR THE GRANT OFAM ULTISTATELICENSE AND THEREAFTER , AS MAY BE ESTABLISHED BY COMMISSION RULE ,CHARGE THEL ICENSEE M ULTISTATE 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 M ULTISTATE LICENSE OR RENEWALS OF A M ULTISTATE LICENSE,ORAFEEFORTHE JURISPRUDENCE REQUIREMENT IFTHEM EMBER STATE IMPOSES SUCHAREQUIREMENTFOR THE GRANT OF AM ULTISTATELICENSE.

13.

ASSESS AND COLLECT FEE;

14.

ACCEPT ANY AND ALL APPROPRIATE GIFTS ,DONATIONS , GRANTS OF MONEY , OTHER SOURCES OF REVENUE , EQUIPMENT, SUPPLIES,MATERIALS ,AND SERVICES AND RECEIVE,UTILIZ, AND DISPOSE OF THE SAME;PROVIDED THAT AT ALL TIMES THECOMMISSION SHALL AVOID ANY APPEARANCE OF IMPROPRIETY OR CONFLICT OF INTERE;T -21- 1111 15.

LEASE,PURCHASE ,RETAIN,OWN ,HOLD ,IMPROVE,OR USE ANY PROPERTY , REAL, PERSONAL, OR MIXED ,OR ANY UNDIVIDED INTEREST THEREI;

16.

SELL,CONVEY , MORTGAGE ,PLEDGE ,LEASE,EXCHANGE , ABANDON ,OROTHERWISEDISPOSEOFANYPROPERTY REAL , PERSONAL,OR MIXED ;

17.

ESTABLISH A BUDGET AND MAKE EXPENDITURES;

18.

BORROW MONEY ;

19.

APPOINTCOMMITTEES ,INCLUDINGSTANDINGCOMMITTEES , COMPOSED OF MEMBERS , TATE REGULATORS , STATE LEGISLATORS OR THEIR REPRESENTATIVES , CONSUMER REPRESENTATIVES,ANDSUCHOTHERINTERESTEDPERSONS 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, ECRETARY , TREASURER , AND SUCH OTHER OFFICERS OF THE COMMISSION AS PROVIDED IN THECOMMISSION'S BYLAWS;

22.

ESTABLISH AND ELECT AN E XECUTIVE C OMMITTEE , INCLUDING ACHAIR AND A VICEC HAIR;

23.

ADOPT AND PROVIDE TO THEM EMBER STATESANANNUAL 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 TCEOMPACT ;AND -22- 1111 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 THEC OMMISSION ACCORDING TO THE TERMS OF THIS C OMPACT .

HE POWERS , DUTIES, AND RESPONSIBILITIES OF THEXECUTIVE COMMITTEE SHALL INCLUDE:

a.

OVERSEEING THE DAY TO-DAY ACTIVITIES OF THE ADMINISTRATION OF THE C OMPACT INCLUDING COMPLIANCE WITH THE PROVISIONS OF THE COMPACT ,THEC OMMISSION'SRULESANDBYLAWS , AND OTHER SUCH DUTIES AS DEEMED NECESSARY;

b.

RECOMMENDING TO THE C OMMISSION CHANGES TO THER ULESORBYLAWS CHANGESTOTHIS COMPACT LEGISLATIONFEESCHARGEDTO COMPACT MEMBER STATES,FEES CHARGED TO LICENSEES,AND OTHER FEES;

c.

ENSURING C OMPACT ADMINISTRATION SERVICES ARE APPROPRIATELY PROVIDED , INCLUDING BY CONTRACT ;

d.

PREPARING AND RECOMMENDING THE BUDGET ;

e.

M AINTAINING FINANCIAL RECORDS ON BEHALF OF THEC OMMISSION;

f.

M ONITORINGC OMPACT COMPLIANCE OF MEMBER STATES AND PROVIDING COMPLIANCE REPORTS TO -23- 1111 THE COMMISSION ;

g.

E STABLISHING ADDITIONAL COMMITTEES AS NECESSARY ;

h.

E XERCISING THE POWERS AND DUTIES OF THE C OMMISSION DURING THE INTERIM BETWEEN C OMMISSION MEETINGS,EXCEPT FOR ADOPTING OR AMENDING R ULES, ADOPTING OR AMENDING BYLAWS ,ANDEXERCISINGANYOTHERPOWERSAND DUTIES EXPRESSLY RESERVED TO THECOMMISSION BY RULE OR BYLAW ;AND i.

O THER DUTIES AS PROVIDED IN THE RULES OR BYLAWS OF THE COMMISSION .

2.

THEE XECUTIVEC OMMITTEESHALLBECOMPOSEDOFUPTO SEVEN VOTING MEMBERS:

a.

T HEC HAIR AND VICEC HAIR OF THECOMMISSION AND ANY OTHER MEMBERS OF THE COMMISSION WHO SERVE ON THE EXECUTIVE COMMITTEE SHALL BE VOTING MEMBERS OF THE E XECUTIVE C OMMITTEE ;AND b.

O THER THAN THECHAIR,V ICECHAIR,SECRETARY , AND TREASURER ,THE COMMISSION SHALL ELECT THREE VOTING MEMBERS FROM THE CURRENT MEMBERSHIP OF THE COMMISSION .

c.

T HE COMMISSION MAY ELECT EX OFFICI, NONVOTING MEMBERS FROM A RECOGNIZED NATIONAL C OSMETOLOGY PROFESSIONAL ASSOCIATION AS APPROVED BY THE C OMMISSION.

-24- 1111 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 THISARTICLE.

3.

THE C OMMISSION MAY REMOVE ANY MEMBER OF THE EXECUTIVE COMMITTEEASPROVIDEDINTHE C OMMISSIONS BYLAWS .

4.

THE EXECUTIVE COMMITTEE SHALL MEET AT LEAST ANNUALLY .

a.

ANNUAL EXECUTIVE COMMITTEE MEETINGS , AS WELL AS ANYE XECUTIVEC OMMITTEE 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 PUBLI,EXCEPT THAT THEE XECUTIVE COMMITTEE MAY MEET IN A CLOSED,NON PUBLICSESSIONOFAPUBLICMEETING WHEN DEALING WITH ANY OF THE MATTERS COVERED UNDER A RTICLE9.F.4.

b.

THE E XECUTIVE C OMMITTEE SHALL GIVE FIVE BUSINESS DAYS'ADVANCE NOTICE OF ITS PUBLIC MEETINGS, POSTED ON ITS WEBSITE AND AS DETERMINED BY THE EXECUTIVE C OMMITTEE ,TO PROVIDE NOTICE TO PERSONS WITH AN INTEREST IN THE PUBLIC MATTERS THEEXECUTIVE COMMITTEE -25- 1111 INTENDS TO ADDRESS AT THOSE MEETING.

5.

THE EXECUTIVE C OMMITTEE MAY HOLD AN EMERGENCY MEETING WHEN ACTING FOR THEC OMMISSION TO:

a.

M EET AN IMMINENT THREAT TO PUBLIC HEALTH , SAFETY,OR WELFARE;

b.

PREVENT A LOSS OF C OMMISSION OR MEMBER STATE FUNDS;OR c.

PROTECT PUBLIC HEALTH AND SAFET.

E.

THE C OMMISSION SHALL ADOPT AND PROVIDE TO THE MEMBER STATES AN ANNUAL REPORT .

F.

M EETINGS OF THC OMMISSION 1.

ALLMEETINGSOFTHE C OMMISSIONTHATARENOTCLOSED PURSUANT TO ARTICLE 9.F.4 SHALL BE OPEN TO THE PUBLIC.NOTICE OF PUBLIC MEETINGS SHALLBE POSTED ON THE COMMISSION S WEBSITE AT LEAST THIRTY(30)DAYS PRIOR TO THE PUBLIC MEETI.G 2.

NOTWITHSTANDING ARTICLE9.F.1THE COMMISSIONMAY CONVENE AN EMERGENCY PUBLIC MEETING BY PROVIDING ATLEAST TWENTY -FOUR(24)HOURS 'PRIORNOTICEONTHE COMMISSION S WEBSITE ,AND ANY OTHER MEANS AS PROVIDED IN THECOMMISSION S RULES,FOR ANY OF THE REASONS IT MAY DISPENSE WITH NOTICE OF PROPOSED RULEMAKING UNDER A RTICLE11.L.

THE COMMISSION S LEGALCOUNSELSHALLCERTIFYTHATONEOFTHEREASONS JUSTIFYING AN EMERGENCY PUBLIC MEETING HAS BEEN MET.

3.

NOTICEOFALL C OMMISSIONMEETINGSSHALLPROVIDETHE -26- 1111 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 COMMISSIONMAYCONVENEINACLOSED ,NON PUBLIC MEETING FOR THECOMMISSION TO DISCUSS:

a.

NON COMPLIANCE OF A M EMBER STATE WITH ITS OBLIGATIONS UNDER THECOMPACT ;

b.

THE EMPLOYMENT ,COMPENSATION ,DISCIPLIN,OR OTHER MATTERS , PRACTICES , OR PROCEDURES RELATED TO SPECIFIC EMPLOYEES OR OTHER MATTERSRELATEDTOTHE C OMMISSION'SINTERNAL PERSONNEL PRACTICES OR PROCEDURES;

c.

CURRENT OR THREATENED DISCIPLINE OF A LICENSEE BY THEC OMMISSION OR BY A MEMBER STATES LICENSINGA UTHORITY;

d.

CURRENT , THREATENED , OR REASONABLY ANTICIPATED LITIGATIO;

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;

-27- 1111 h.

NFORMATION OF A PERSONAL NATURE WHERE DISCLOSURE WOULD CONSTITUTE A CLEARLY UNWARRANTED INVASION OF PERSONAL PRIVACY;

i.

IVESTIGATIVE RECORDS COMPILED FOR LAW ENFORCEMENT PURPOSES ;

j.

IFORMATION RELATED TO ANY INVESTIGATIVE REPORTSPREPAREDBYORONBEHALFOFORFORUSE OF THE C OMMISSION OR OTHER COMMITTEE CHARGED WITH RESPONSIBILITY OF INVESTIGATION OR DETERMINATION OF COMPLIANCE ISSUES PURSUANT TO THEC OMPACT ;

k.

LEGAL ADVICE;

l.

M ATTERS SPECIFICALLY EXEMPTED FROM DISCLOSURE TO THE PUBLIC BY FEDERAL OR M EMBER STATE LAW;OR m.

OTHER MATTERS AS PROMULGATED BY THE COMMISSION BY RULE.

5.

IF A MEETIN,OR PORTION OF A MEETIN,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 CLEARLYDESCRIBEALLMATTERSDISCUSSEDINAMEETING AND SHALL PROVIDE A FULL AND ACCURATE SUMMARY OF ACTIONSTAKENANDTHEREASONSTHEREFORE ,INCLUDING ADESCRIPTIONOFTHEVIEWSEXPRESSED .A LLDOCUMENTS -28- 1111 CONSIDERED IN CONNECTION WITH AN ACTION SHALL BE IDENTIFIED IN SUCH MINUTES .

A LL 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 JURISDICTIO.

G.

FINANCING OF THECOMMISSION 1.

THE COMMISSION SHALL PAY ,OR PROVIDE FOR THE PAYMENT OF, THE REASONABLE EXPENSES OF ITS ESTABLISHMENT,ORGANIZATION,ANDONGOINGACTIVITIES .

2.

THE COMMISSIONMAYACCEPTANYANDALLAPPROPRIATE SOURCES OF REVENUE , DONATIONS, AND GRANTS OF MONEY ,EQUIPMENT,SUPPLIES,MATERIALS,ANDSERVICES .

3.

THE COMMISSION MAY LEVY ON ANDCOLLECT ANANNUAL ASSESSMENTFROMEACH MEMBER S TATEANDIMPOSEFEES ON LICENSEES OFM EMBER STATES TO WHOM IT GRANTS A M ULTISTATE LICENSE TO COVER THE COST OF THE OPERATIONS AND ACTIVITIES OF TCEOMMISSION AND ITS STAFF,WHICH MUST BE INATOTALAMOUNT SUFFICIENT TO COVER ITS ANNUAL BUDGET AS APPROVED EACH YEAR FOR WHICHREVENUEISNOTPROVIDEDBYOTHERSOURCES .THE AGGREGATE ANNUAL ASSESSMENT AMOUNT FOR MEMBER STATES SHALL BE ALLOCATED BASED UPON A FORMULA THAT THEC OMMISSION 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 -29- 1111 CREDITOFANY M EMBER STATES EXCEPTBYANDWITHTHE AUTHORITY OF THEM EMBER STATE .

5.

THE COMMISSIONSHALLKEEPACCURATEACCOUNTSOFALL RECEIPTS AND DISBURSEMENTS .

THE RECEIPTS AND DISBURSEMENTSOFTHE COMMISSIONSHALLBESUBJECTTO THE FINANCIAL REVIEW AND ACCOUNTING PROCEDURES ESTABLISHED UNDER ITS BYLAWS .

ALL RECEIPTS AND DISBURSEMENTS OF FUNDS HANDLED BY THEC OMMISSION 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.

Q UALIFIEDMMUNITY , DEFENSE,AND INDEMNIFICATION 1.

THE MEMBERS , OFFICERS, EXECUTIVE DIRECTOR , EMPLOYEES ,AND REPRESENTATIVES OF THEC OMMISSION AREIMMUNEFROMSUITANDLIABILITY ,BOTHPERSONALLY AND IN THEIR OFFICIAL CAPACIT,FOR ANY CLAIM FOR DAMAGETOORLOSSOFPROPERTYORPERSONALINJURYOR OTHERCIVILLIABILITY CAUSED BY ORARISINGOUT OFANY 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 C OMMISSION EMPLOYMENT , DUTIES,OR RESPONSIBILITIE;

PROVIDED THAT NOTHING IN THIS PARAGRAPH H.1.

SHALL BE CONSTRUED TO PROTECT ANY SUCH PERSON FROM SUIT OR -30- 1111 LIABILITY FOR ANY DAMAGE,LOSS,INJURY,OR LIABILITY CAUSED BY THE INTENTIONAL OR WILLFUL OR WANTON MISCONDUCT OF THAT PERSON .

HE PROCUREMENT OF INSURANCEOFANYTYPEBYTHE COMMISSIONDOESNOT IN ANY WAY COMPROMISE OR LIMIT THE IMMUNITY GRANTED HEREUNDER .

2.

THE COMMISSION SHALL DEFEND ANY MEMBER ,OFFICER, EXECUTIVEDIRECTOR,EMPLOYEE ,ANDREPRESENTATIVEOF THEC OMMISSIONINANYCIVILACTIONSEEKINGTOIMPOSE LIABILITY ARISING OUT OF ANY ACTUAL OR ALLEGED A,T ERROR,OROMISSIONTHATOCCURREDWITHINTHESCOPEOF COMMISSION EMPLOYMENT ,DUTIE,OR RESPONSIBILITIE, ORASDETERMINEDBYTHE C OMMISSIONTHATTHEPERSON AGAINST WHOM THE CLAIM IS MADE HAD A REASONABLE BASIS FOR BELIEVING OCCURRED WITHIN THE SCOPE OF COMMISSION EMPLOYMENT ,DUTIE,OR RESPONSIBILITIE;

PROVIDEDTHATNOTHINGHEREINSHALLBECONSTRUEDTO PROHIBIT THAT PERSON FROM RETAINING THEIR OWN COUNSELATTHEIROWNEXPENSE ;ANDPROVIDEDFURTHER , 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 C OMMISSION FOR THE AMOUNT OF ANY SETTLEMENT OR JUDGMENT OBTAINED AGAINST THAT PERSON ARISING OUT OF ANY ACTUAL OR -31- 1111 ALLEGED ACT , ERROR, OR OMISSION THAT OCCURRED WITHIN THE SCOPE OCOMMISSION EMPLOYMENT ,DUTIES, OR RESPONSIBILITIE, OR THAT SUCH PERSON HAD A REASONABLE BASIS FOR BELIEVING OCCURRED WITHIN THE SCOPE OF COMMISSION EMPLOYMENT , DUTIES , OR RESPONSIBILITI,S PROVIDED THAT THE ACTUAL OR ALLEGED ACT,ERROR ,OR OMISSION DID NOT RESULT FROM THEINTENTIONALORWILLFULORWANTONMISCONDUCTOF THAT PERSON.

4.

NOTHING HEREIN SHALL BE CONSTRUED AS A LIMITATION ON THE LIABILITY OF ANYLICENSEE 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 M EMBER S TATES STATE ACTION IMMUNITY ORS TATE ACTION AFFIRMATIVE DEFENSE WITH RESPECT TO ANTITRUST CLAIMS UNDER THE SHERMAN ACT, CLAYTON A CT,OR ANY OTHER STATE OR FEDERAL ANTITRUST OR ANTICOMPETITIVE LAW OR REGULATION .

6.

NOTHING IN THIC OMPACT SHALL BE CONSTRUED TO BE A WAIVEROFSOVEREIGNIMMUNITYBYTHE M EMBER STATES OR BY THECOMMISSION .

ARTICLE 10 - DATA SYSTEM A.

THE COMMISSION SHALL PROVIDE FOR THE DEVELOPMENT , MAINTENANCE ,OPERATION ANDUTILIZATIONOFACOORDINATED -32- 1111 DATABASE AND REPORTING SYSTEM .

B.

THE COMMISSION SHALL ASSIGN EACH APPLICANT FOR A M ULTISTATEL ICENSE A UNIQUE IDENTIFI,AS DETERMINED BY THE RULES OF THECOMMISSION .

C.

N OTWITHSTANDINGANYOTHER PROVISION OF S TATE LAWTOTHE CONTRARY ,AM EMBER STATESHALLSUBMITAUNIFORMDATASET TO THE DATA S YSTEM 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 A CTIONS AGAINST A LICENSE AND INFORMATION RELATED THERETO;

4.

NON -CONFIDENTIAL INFORMATION RELATED TO ALTERNATIVE PROGRAM PARTICIPATION ,THE BEGINNING AND ENDING DATES OF SUCH PARTICIPATIO,AND OTHER INFORMATION RELATED TO SUCH PARTICIPATIO;

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 OFINVESTIGATIVEINFORMATION ;

7.

THE EXISTENCE OFCURRENT SIGNIFICANTINVESTIGATIVE INFORMATION ;AND 8.

OTHER INFORMATION THAT MAY FACILITATE THE ADMINISTRATIONOFTHIS COMPACTORTHEPROTECTIONOF THE PUBLIC, AS DETERMINED BY THE RULES OF THE -33- 1111 COMMISSION .

D.

THE RECORDS AND INFORMATION PROVIDED TO AM EMBER STATE PURSUANT TO THIS COMPACT OR THROUGH THE D ATA SYSTEM , WHEN CERTIFIED BY THE COMMISSION OR AN AGENT THEREOF , CONSTITUTE THE AUTHENTICATED BUSINESS RECORDS OF THE COMMISSION ,AND SHALL BE ENTITLED TO ANY ASSOCIATED HEARSAYEXCEPTIONINANYRELEVANTJUDICIAL ,QUASIJUDICIAL, OR ADMINISTRATIVE PROCEEDINGS IN M EMBER STATE .

E.

THE EXISTENCE OF C URRENT SIGNIFICANT INVESTIGATIVE INFORMATION AND THE EXISTENCE OF NVESTIGATIVE INFORMATIONPERTAININGTOA L ICENSEEINANY M EMBER STATE WILL ONLY BE AVAILABLE TO OTHERM EMBER STATES.

F.

IT IS THE RESPONSIBILITY OF MHEMBER STATES TO MONITOR THE DATABASE TO DETERMINE WHETHER A DVERSE ACTION HAS BEEN TAKEN AGAINST SUCH AL ICENSEE ORLICENSE APPLICANT.

A DVERSE ACTION INFORMATION PERTAINING TO ALICENSEE OR LICENSE APPLICANT IN ANYMEMBER STATE WILL BE AVAILABLE TO ANY OTHER M EMBER STATE.

G.

M EMBER STATES CONTRIBUTING INFORMATION TO THE D ATA SYSTEMMAYDESIGNATEINFORMATIONTHATMAYNOTBESHARED WITH THE PUBLIC WITHOUT THE EXPRESS PERMISSION OF THE CONTRIBUTING STATE.

H.

A NY INFORMATION SUBMITTED TO THE D ATA 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 -34- 1111 A.

THE COMMISSION SHALL PROMULGATE REASONABLE RULES IN ORDER TO EFFECTIVELY AND EFFICIENTLY IMPLEMENT AND ADMINISTER THE PURPOSES AND PROVISIONS OF CHOMPACT.A RULE IS INVALID AND HAS NO FORCE OR EFFECT ONLY IF A COURT OF COMPETENT JURISDICTION HOLDS THAT THRULE 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 ORBASEDUPONANOTHERAPPLICABLESTANDARDOF REVIEW.

B.

THE RULESOFTHE COMMISSIONHAVETHEFORCEOFLAWINEACH M EMBERS TATEPROVIDED ,HOWEVER THATWHERETHE R ULESOF THE COMMISSION CONFLICT WITH THE LAWS OF THE M EMBER STATETHATESTABLISHTHE MEMBER STATE SSCOPEOFPRACTICE LAWSGOVERNINGTHE PRACTICE OFCOSMETOLOGYASHELDBYA COURT OF COMPETENT JURISDICTION , THE R ULES OF THE COMMISSION ARE INEFFECTIVE IN THSTATE TO THE EXTENT OF THE CONFLIC.

C.

THE C OMMISSION SHALL EXERCISE ITS RULEMAKING POWERS PURSUANT TO THE CRITERIA SET FORTH IN AHRTICLE AND THE RULES ADOPTED BECOME BINDING AS OF THE DATE SPECIFIED BY THE COMMISSION FOR EACHRULE.

D.

I A MAJORITY OF THE LEGISLATURES OF THM EMBER STATES REJECTS ARULE OR PORTION OF AR ULE,BY ENACTMENT OF A STATUTE OR RESOLUTION IN THE SAME MANNER USED TO ADOPT THEC OMPACT WITHIN FOUR(4)YEARS OFTHE DATE OF ADOPTION OF THE RULE,THEN SUCH RULE HAS NO FURTHER FORCE AND -35- 1111 EFFECT IN ANYM EMBER STATE OR TO ANY STATE APPLYING TO PARTICIPATE IN THCOMPACT .

E.

RULES SHALLBE ADOPTED AT AREGULARORSPECIALMEETINGOF THE COMMISSION .

F.

PRIORTOADOPTIONOFAPROPOSED R ULETHE COMMISSIONSHALL HOLD A PUBLIC HEARING AND ALLOW PERSONS TO PROVIDE ORAL AND WRITTEN COMMENTS , DATA , FACTS, OPINION, AND ARGUMENTS .

G.

PRIOR TO ADOPTION OF A PROPOSEDRULE BY THE COMMISSION , AND AT LEAST THIRTY(30DAYS IN ADVANCE OFTHE 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 THC OMMISSION OR OTHER PUBLICLY ACCESSIBLE PLATFORM;

2.

TO PERSONS WHO HAVE REQUESTED NOTICE OF THE COMMISSION S NOTICES OF PROPOSED RULEMAKING;AND 3.

INSUCHOTHER WAY S)ASTHE C OMMISSIONMAYBY RULE SPECIF.

H.

THE NOTICE OF PROPOSED RULEMAKING SHALL INCLUDE:

1.

THETIME DATE ,ANDLOCATIONOFTHEPUBLICHEARINGAT WHICHTHE C OMMISSIONWILLHEARPUBLICCOMMENTSON THE PROPOSED RULE AND,IF DIFFEREN,THE TIME,DATE , AND LOCATION OF THE MEETING WHERE THEC OMMISSION WILL CONSIDER AND VOTE ON THE PROPOSER ULE;

2.

IF THE HEARING IS HELD VIA TELECOMMUNICATI,VIDEO CONFERENCE , OR OTHER ELECTRONIC MEANS , THE -36- 1111 MECHANISMFORACCESSTOTHEHEARINGINTHENOTICEOF PROPOSED RULEMAKING ;

3.

THE TEXT OF THE PROPOSED RULE AND THE REASON THEREFOR;

4.

A REQUEST FOR COMMENTS ON THE PROPOSEDR ULE FROM ANY INTERESTED PERSON;AND 5.

THE MANNER IN WHICH INTERESTED PERSONS MAY SUBMIT WRITTEN COMMENTS .

I.

A LL HEARINGS WILL BE RECORDED.

ACOPY OF THE RECORDING ANDALLWRITTENCOMMENTSANDDOCUMENTSRECEIVEDBYTHE COMMISSION IN RESPONSE TO THE PROPOSED R ULE SHALL BE AVAILABLE TO THE PUBLI.

J.

N OTHING IN THIARTICLE SHALL BE CONSTRUED AS REQUIRING A SEPARATE HEARING ON EACHR ULE.RULES MAY BE GROUPED FOR THECONVENIENCEOFTHE C OMMISSIONATHEARINGSREQUIREDBY THISA RTICL.

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 THERULE .

1.

THE COMMISSION MAY ADOPT CHANGES TO THE PROPOSED RULE PROVIDED THE CHANGES DO NOT ENLARGE THE ORIGINAL PURPOSE OF THE PROPOSER ULE.

2.

THE COMMISSIONSHALLPROVIDEANEXPLANATIONOFTHE REASONS FOR SUBSTANTIVE CHANGES MADE TO THE PROPOSED RULE AS WELL AS REASONS FOR SUBSTANTIVE CHANGES NOT MADE THAT WERE RECOMMENDED BY COMMENTERS .

-37- 1111 3.

THE COMMISSION SHALL DETERMINE A REASONABLE EFFECTIVE DATE FOR THE RULE .

EXCEPT FOR AN EMERGENCYASPROVIDEDIN ARTICLE11.L,THEEFFECTIVE DATEOFTHE RULESHALLBENOSOONERTHANFORTY FIVE (45)DAYS AFTER THE C OMMISSION ISSUING THE NOTICE THAT IT ADOPTED OR AMENDED THER ULE.

L.

U PON 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 USUALRULEMAKINGPROCEDURESPROVIDED IN THECOMPACT AND IN THISARTICLE SHALLBE RETROACTIVELY APPLIED TO THERULE AS SOON AS REASONABLY POSSIBLE,IN NO EVENTLATERTHANNINETY (90)DAYSAFTERTHEEFFECTIVEDATE OF THE RULE.

FOR THE PURPOSES OF THIS PROVISION , AN EMERGENCY RULE IS ONE THAT MUST BE ADOPTED IMMEDIATELY TO:

1.

M EET AN IMMINENT THREAT TO PUBLIC HEALT,SAFETY , OR WELFARE;

2.

PREVENT A LOSS OF COMMISSION OR M EMBER STATE FUNDS;

3.

M EET A DEADLINE FOR THE PROMULGATION OF A RULE THAT IS ESTABLISHED BY FEDERAL LAW OR RU;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 -38- 1111 ERRORS.

PUBLIC NOTICE OF ANY REVISIONS SHALL BE POSTED ON THE WEBSITE OF THECOMMISSION .

HE REVISION IS SUBJECT TO CHALLENGE BY ANY PERSON FOR A PERIOD OF THIRTY(30)DAYS AFTER POSTING.

THE REVISION MAY BE CHALLENGED ONLY ON GROUNDSTHATTHEREVISIONRESULTSINAMATERIALCHANGETO A R ULE.

A CHALLENGE SHALL BE MADE IN WRITING AND DELIVEREDTOTHE COMMISSIONPRIORTOTHEENDOFTHENOTICE PERIOD.

F NO CHALLENGE IS MADE ,THE REVISION WILL TAKE EFFECT WITHOUT FURTHER ACTION .

IF THE REVISION IS CHALLENGED ,THEREVISIONMAYNOT TAKE EFFECT WITHOUT THE APPROVAL OF THEC OMMISSION.

N.

N OM EMBER STATE'SRULEMAKINGREQUIREMENTSAPPLY UNDER THISC OMPACT.