KRS § 317A.105 — KY Code / Title XXVI / Chapter 317A / Section 317A.105
317A.105 Cosmetology Licensure Compact
Status: reserved

317A.105 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 Active 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; and

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 nondisciplinary 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. sec. 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 the 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; and

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 shall:

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 (1) 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 shall 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

(1) Member State at any given time.

B. If a Licensee changes their Home State by moving between two (2) 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 (1) Home State, and only one (1) 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 COSMETOLOGY LICENSURE COMPACT

COMMISSION AND MEMBER STATES 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; and

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 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 (1) 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 sixty (60) days of the vacancy.

6. Each delegate shall be entitled to one (1) 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. Establish and amend 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 (7) 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

sixteen (16) 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, nonpublic 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 (5) 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, nonpublic meeting for the

Commission to discuss:

a. Noncompliance 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 State 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 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 therefor, 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 of the Member States, except by and with the authority of the Member

State.

5. The Commission shall keep accurate accounts of all receipts and

disbursements. The receipts and disbursements of the Commission shall be

subject to the financial review and accounting procedures established under its

bylaws. 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. Nonconfidential 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 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 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 U.S. 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 States 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 U.S.

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 person 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 the same.

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 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 six (6) months 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.

ARTICLE 16. APPLICABILITY OF KENTUCKY STATE GOVERNMENT

In order to clarify the effect of certain provisions of this Compact and to ensure that the

rights and responsibilities of the various branches of government are maintained, the

following shall be in effect in this state:

A. By entering into this Compact, this State authorizes the State Licensing Authority

as defined in Article 2.S. of this Compact and as created by KRS Chapter 317A to

implement the provisions of this Compact.

B. Notwithstanding any provision of this Compact to the contrary:

1. When a Rule is adopted pursuant to Article 11 of this Compact, the State

Licensing Authority of this State as defined by Article 2.Z. of this Compact

shall have sixty (60) days to review the Rule for the purpose of filing the Rule

as an emergency administrative regulation pursuant to KRS 13A.190 and for

filing the Rule as an accompanying ordinary administrative regulation,

following the requirements of KRS Chapter 13A. Failure by the State

Licensing Authority of this State as defined by Article 2.Z. of this Compact to

promulgate a Rule adopted by the Cosmetology Licensure Compact

Commission as an administrative regulation pursuant to KRS Chapter 13A

shall result in withdrawal as set forth in Article 13 of this Compact. Nothing

in these provisions shall negate the applicability of a Commission Rule or

Article 11 of this Compact to this state.

2. If the proposed administrative regulation is found deficient and the deficiency

is not resolved pursuant to KRS 13A.330 or 13A.335, the provisions of

Article 12 of this Compact shall apply. If the deficiency is resolved in a

manner determined by the Commission to be inconsistent with this Compact

or its Rules, or if the procedures under Article 12 of this Compact fail to

resolve an issue, the withdrawal provisions of Article 13 of this Compact shall

apply.

3. If a court of competent jurisdiction determines that the Cosmetology

Licensure Compact Commission created by Article 9 of this Compact

exercises its rulemaking authority in a manner that is beyond the scope of the

purposes of this Compact, or the powers granted under this Compact, then

such an action by the Commission shall be invalid and have no force or effect.

C. Article 9.G. of this Compact pertaining to the financing of the Commission shall

not be interpreted to obligate the general fund of this State. Any funds used to

finance this Compact shall be from money collected pursuant to KRS 317A.080.

D. This Compact shall apply only to those licensed Cosmetologists who practice or

work under a Compact privilege.