Business Occupations and Professions (GBO) — Title 5. Cosmetologists

if learning to practice cosmetology, a licensed senior cosmetologist;

if learning to provide esthetic services, a licensed senior cosmetologist or a licensed esthetician with 2 years’ experience;

if learning to provide hair services, a licensed senior cosmetologist or a licensed hairstylist with 2 years’ experience; and

if learning to provide nail technician services, a licensed senior cosmetologist or a licensed nail technician with 2 years’ experience.

“Beauty salon” means any commercial establishment, except a barbershop, in which an individual practices cosmetology.

“Beauty salon” includes a mobile beauty salon.

“Beauty salon” does not include a clinic in a cosmetology school.

“License” means, unless the context requires otherwise, a license issued by the Board.

“License” includes, unless the context requires otherwise, each of the following licenses:

has at least 2 years of experience as a licensed cosmetologist; and

has passed a test approved by the Board.

“Limited license” means a license issued by the Board to practice cosmetology as limited in § 5–301 of this title.

“Limited license” includes, unless the context requires otherwise, each of the following licenses:

“Practice cosmetology” means to engage in any of the following for compensation:

The practice of cosmetology does not include:

“Provide esthetic services” means to provide to an individual, for compensation, the service of:

“Provide esthetic services” includes:

“Provide esthetic services” does not include:

cleaning the eye area;

applying:

drying the eye area for eyelash extensions.

arranging the hair;

bleaching the hair;

cleansing the hair;

coloring the hair;

curling the hair;

cutting the hair;

dressing the hair;

singeing the hair;

permanent waving the hair;

waving the hair; or

performing any other similar procedure intended to beautify, clean, or embellish the hair.

arranging the hair;

cleansing the hair;

curling the hair;

dressing the hair;

blow drying the hair;

singeing the hair; or

performing any other similar procedure intended to beautify, clean, or arrange the hair.

manicuring or pedicuring the individual’s nails;

applying artificial nail enhancement products; or

maintaining artificial nail enhancement products.

The Board consists of seven members.

Of the seven members of the Board:

The Governor shall appoint the members with the advice of the Secretary.

shall have practiced cosmetology actively for at least 5 years before appointment;

shall be a citizen of the State;

may not be affiliated directly or indirectly with any cosmetology school;

may not be affiliated with any person who manufactures or sells any article, supply, or merchandise that is commonly used in a beauty salon; and

may not be a graduate of the same school of cosmetology as any other member of the Board.

shall be a member of the general public;

may not be a licensee or otherwise be subject to regulation by the Board;

may not be required to meet the qualifications for the professional members of the Board; and

may not, within 1 year before appointment, have had a financial interest in or have received compensation from a person regulated by the Board.

have a financial interest in or receive compensation from a person regulated by the Board; or

grade any examination given by or for the Board.

The term of a member is 3 years and begins on July 1.

The terms of members are staggered as required by the terms provided for members of the Board on October 1, 1989.

A member may not serve more than 2 consecutive terms.

At the end of a term, a member continues to serve until a successor is appointed and qualifies.

A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.

The Governor may remove a member for incompetence or misconduct.

Except as provided in paragraph (3) of this subsection and subject to paragraph (4) of this subsection, a member shall be considered to have resigned if the member did not attend at least two–thirds of the Board meetings held during any consecutive 12–month period while the member was serving on the Board.

The Governor may waive a member’s resignation and allow the member to continue serving if the member has been unable to attend meetings for reasons satisfactory to the Governor and the reasons are made public.

In accordance with § 8–501 of the State Government Article, the chairman shall provide notice to the Governor and the Governor shall appoint a successor.

a reasonable fee set by the Board for each day on which the member is engaged in the duties of office; and

reimbursement for expenses under the Standard State Travel Regulations.

bylaws for the conduct of its proceedings;

regulations for qualification and examination of applicants for licenses, registration, and permits and issuance of licenses, certificates of registration, and permits;

regulations to govern the conduct of persons regulated under this title;

regulations to govern sanitation and safety in practicing cosmetology, including regulations that establish precautions to prevent the spread of infectious and contagious diseases; and

regulations to govern the direct supervision of the operation of limited practice beauty salons.

The Board shall adopt regulations that establish detailed curriculum standards for use by the State Board of Education or the Maryland Higher Education Commission in approving applications for instruction in the practice of cosmetology, the provision of esthetic services, the provision of eyelash extension services, the provision of hair services, and the provision of nail technician services at public schools or private career schools.

The curriculum standards established under paragraph (1) of this subsection shall:

The Board shall require a licensee renewing a license to complete at least six credit hours of continuing education approved by the Board.

The Board shall adopt regulations that set standards for continuing education courses that, at a minimum, require:

shall include a statement of the licensing, registration, or permit status of the person who is the subject of the request; and

may include:

adopt a seal;

keep a record of its proceedings;

keep records at its principal office; and

provide copies of its regulations to persons regulated by the Board.

the name of the applicant;

the place of business or employment of the applicant;

the address of the place of business or employment; and

the action of the Board on the application.

set so as to produce funds to approximate the cost of maintaining the Board; and

based on the calculations performed by the Secretary under § 2–106.10 of the Business Regulation Article.

The Board shall pay all fees collected under this title to the Comptroller.

The Comptroller shall distribute the fees to the State Barbers and Cosmetologists Boards’ Fund established in § 2–106.9 of the Business Regulation Article.

providing esthetic services;

providing eyelash extension services;

providing hair services;

providing hair services – blow drying; or

providing nail technician services.

a student while the student practices cosmetology in accordance with § 5–302 or § 5–303 of this subtitle; or

a registered apprentice.

Subject to the provisions of this subsection, a student who has completed at least 350 hours of training at a school of cosmetology may practice cosmetology, without a license, at the school.

A student may practice cosmetology under this subsection only:

Subject to the provisions of this subsection, a student who has completed at least 1,000 hours of training at a school of cosmetology may practice cosmetology, without a license, in a hospital, nursing home, or correctional facility.

A student may practice cosmetology under this subsection only:

is enrolled in an approved cosmetology program and has a record of satisfactory school performance and school attendance, as determined by the local education agency;

has a letter of authorization, signed by the student’s teacher or work-study coordinator, to practice cosmetology in a specific beauty salon;

practices cosmetology only in that specific beauty salon; and

while practicing cosmetology, works under the direct supervision of an individual who is a licensed senior cosmetologist who agrees to periodically report on the progress of the student to the cosmetology teacher or the work-study coordinator.

To qualify for a license to practice as a cosmetologist, an applicant shall be an individual who meets the requirements of this section.

The applicant shall be at least 17 years old.

The applicant shall have completed successfully a 9th grade education or the equivalent.

The applicant shall have completed 1 hour of in–person or virtual training in domestic violence awareness under § 5–305.1 of this subtitle.

Except as otherwise provided in this subtitle, the applicant shall pass a written and practical examination given by the Board under this subtitle.

have 2 years of experience as a licensed cosmetologist; and

pass an examination approved by the Board.

be at least 17 years old;

have completed successfully a 9th grade education or the equivalent;

have received training by:

have completed 1 hour of in–person or virtual training in domestic violence awareness under § 5–305.1 of this subtitle.

be at least 17 years old;

have completed successfully a 9th grade education or the equivalent; and

have received training by:

be at least 17 years old;

have completed successfully a 9th grade education or the equivalent;

have received training by:

have completed 1 hour of in–person or virtual training in domestic violence awareness.

be at least 17 years old;

have completed successfully a 9th grade education or the equivalent;

have received training by successfully completing at least 350 hours of instruction providing hair services – blow drying in a cosmetology school approved by the State Department of Education or the Maryland Higher Education Commission in consultation with the Board; and

have completed 1 hour of in–person or virtual training in domestic violence awareness.

be at least 17 years old;

have successfully completed a 9th grade education or the equivalent;

have received training by:

have completed 1 hour of in–person or virtual training in domestic violence awareness under § 5–305.1 of this subtitle.

be offered in person and virtually;

include guidance on:

have a duration of at least 1 hour.

otherwise qualifies for a license under this title; and

pays an examination fee, as established by the Board in accordance with § 5–205 of this title and § 5–306 of this subtitle, to the Board or the Board’s designee.

Except as provided in paragraph (2) of this subsection, the Board shall determine the subjects, scope, and form of and the passing score for examinations given under this subtitle.

set the time and place of examinations;

provide notice of the time and place of an examination to an applicant; and

furnish any other information that the Board may require the testing service to provide.

pays to the Board an application fee established by the Board in accordance with § 5-205 of this title; and

provides adequate evidence that the applicant:

At least 1 month before a license expires, the Board shall mail or electronically transmit to the licensee:

If an electronic transmission under paragraph (1) of this subsection is returned to the Board as undeliverable, the Board shall mail to the licensee, at the last known address of the licensee, the materials required under paragraph (1) of this subsection within 10 business days of the date the Board received the notice that the electronic transmission was undeliverable.

otherwise is entitled to be licensed;

pays to the Board a renewal fee established by the Board in accordance with § 5–205 of this title;

submits to the Board a renewal application on the form that the Board provides; and

submits to the Board satisfactory evidence of completion of the continuing education requirements under § 5–205 of this title.

If an individual who, on or before September 30, 1999, holds a limited license to provide esthetic services files an application to renew the license, the Board shall grant a waiver of the requirement for completion of hours of instruction under § 5–305(b)(3)(ii) of this subtitle that are in addition to the hours of instruction required on or before that date.

If an individual who, on or before September 30, 1999, holds a limited license to provide manicuring services files an application to renew the license, the Board shall grant a waiver of the requirement for completion of hours of instruction under § 5–305(b)(3)(ii) of this subtitle that are in addition to the hours of instruction required on or before that date.

applies to the Board for reinstatement within 5 years after the license expires;

meets the renewal requirements of § 5-311 of this subtitle; and

pays to the Board a reinstatement fee established by the Board in accordance with § 5-205 of this title, in addition to the renewal fee required under § 5-311 of this subtitle.

meets the renewal requirements of § 5-311 of this subtitle;

passes the examination required by the Board; and

pays to the Board a reinstatement fee established by the Board in accordance with § 5-205 of this title, in addition to the renewal fee required under § 5-311 of this subtitle.

Subject to the hearing provisions of § 5-315 of this subtitle, the Board may deny a license to any applicant, reprimand any licensee, or suspend or revoke a license if the applicant or licensee:

The Board shall pay any penalty collected under this subsection into the General Fund of the State.

the nature of the crime;

the relationship of the crime to the activities authorized by the license;

with respect to a felony, the relevance of the conviction to the fitness and qualification of the applicant or licensee to practice cosmetology;

the length of time since the conviction; and

the behavior and activities of the applicant or licensee before and after the conviction.

The Board shall commence proceedings under this section on a complaint to the Board by a member of the Board or any person.

A complaint shall:

If service is made by certified mail, the person who mails the document shall file with the Board verified proof of mailing.

Except as provided in subsection (e) of this section, if the Board finds that a complaint alleges facts that are adequate grounds for action under this section, the Board shall act on the complaint as provided under § 5-315 of this subtitle to deny, suspend, or revoke a license, reprimand a licensee, or assess a penalty.

If the Board does not make the finding, the Board shall dismiss the complaint.

If the Board makes the finding under subsection (d)(1) of this section for a violation that relates to the sanitary practice of cosmetology, the Board shall provide the licensee an opportunity to correct the alleged violation.

If the licensee fails to correct each alleged violation within 10 days of written notification of the violation by the Board, the Board shall act on the complaint as provided under § 5-315 of this subtitle.

If the licensee corrects each alleged violation within 10 days of notice, the Board shall:

The Board may issue a subpoena for the attendance of a witness to testify or the production of evidence in connection with any proceeding under this section.

A subpoena issued under this subsection shall be served by:

in a:

under the supervision of:

At least 1 month before the registration of an individual expires, the Board shall mail or electronically transmit to the individual:

If an electronic transmission under paragraph (1) of this subsection is returned to the Board as undeliverable, the Board shall mail to the individual, at the last known address of the individual, the materials required under paragraph (1) of this subsection within 10 business days of the date the Board received the notice that the electronic transmission was undeliverable.

otherwise is entitled to be registered;

pays to the Board a renewal fee established by the Board in accordance with § 5–205 of this title; and

submits to the Board a renewal application on the form that the Board provides.

Subject to the hearing provisions of § 5–408 of this subtitle, the Board may deny registration as an apprentice to any applicant, reprimand any individual registered as an apprentice, or suspend or revoke the registration of an individual registered as an apprentice:

The Board shall pay any penalty collected under this subsection into the General Fund of the State.

The Board shall commence proceedings under this section on a complaint to the Board by a member of the Board or any person.

A complaint shall:

If service is made by certified mail, the person who mails the document shall file with the Board verified proof of mailing.

Except as provided in subsection (d) of this section, if the Board finds that a complaint alleges facts that are adequate grounds for action under this section, the Board shall act on the complaint as provided under § 5–408 of this subtitle to deny, suspend, or revoke a certificate of registration, reprimand an apprentice, or assess a penalty.

If the Board does not make the finding, the Board shall dismiss the complaint.

If the Board makes the finding under subsection (c)(1) of this section for a violation that relates to the sanitary practice of cosmetology, the Board shall provide the apprentice an opportunity to correct the alleged violation.

If the apprentice fails to correct each alleged violation within 10 days of written notification of the violation by the Board, the Board shall act on the complaint as provided under § 5–408 of this subtitle.

If the apprentice corrects each alleged violation within 10 days of notice, the Board shall:

The Board may issue a subpoena for the attendance of a witness to testify or the production of evidence in connection with any proceeding under this section.

A subpoena issued under this subsection shall be served by:

providing esthetic services;

providing eyelash extension services;

providing hair services;

providing hair services – blow drying; or

providing nail technician services.

An applicant shall own or lease the facility in which the beauty salon for which the application is made is located.

To qualify for a beauty salon permit for a mobile beauty salon, the applicant shall:

submit to the Board an application on the form that the Board provides;

pay to the Board an application fee established by the Board in accordance with the provisions of § 5-205 of this title; and

pay to the Board an inspection fee established by the Board in accordance with the provisions of § 5-205 of this title.

meets the requirements of:

submits a separate application for each permit; and

pays a separate fee for each application.

after the effective date of the permit; and

in an odd-numbered year.

At least 1 month before a beauty salon permit expires, the Board shall mail or electronically transmit to the beauty salon permit holder:

If an electronic transmission under paragraph (1) of this subsection is returned to the Board as undeliverable, the Board shall mail to the beauty salon permit holder, at the last known address of the beauty salon permit holder, the materials required under paragraph (1) of this subsection within 10 business days of the date the Board received the notice that the electronic transmission was undeliverable.

otherwise is entitled to hold the permit;

pays to the Board a renewal fee established by the Board in accordance with the provisions of § 5-205 of this title; and

submits to the Board a renewal application on the form that the Board provides.

applies to the Board for reinstatement within 45 days after the permit expires;

otherwise meets the requirements of § 5–506(c) of this subtitle; and

pays to the Board a reinstatement fee established by the Board in accordance with § 5–205 of this title, in addition to the renewal fee required under § 5–506(c)(2) of this subtitle.

the reporting of violations of the regulations to the Department of Education or the Maryland Higher Education Commission; and

the imposition of a fine not to exceed $300 for a violation of the regulations.

the seriousness of the violation;

the good faith of the violator;

the violator’s history of previous violations;

the deleterious effect of the violation on the complainant, the public, and the barber industry; and

any other factors relevant to the determination of the financial penalty.

The Board shall commence proceedings to assess a penalty under this section on a complaint to the Board by a member of the Board or any person.

A complaint shall:

If service is made by certified mail, the person who mails the document shall file with the Board verified proof of mailing.

Except as provided in subsection (f) of this section, if the Board finds that a complaint alleges facts that are adequate grounds for action under this section, the Board shall act on the complaint as provided under § 5–523 of this subtitle to assess a penalty.

If the Board does not make the finding, the Board shall dismiss the complaint.

If the Board makes the finding under subsection (e)(1) of this section for a violation that relates to the sanitary condition of a cosmetology school or the sanitary practice of cosmetology, the Board shall provide the owner of the school an opportunity to correct the alleged violation.

If the owner fails to correct each alleged violation within 10 days of written notification of the violation by the Board, the Board shall act on the complaint as provided under § 5–523 of this subtitle.

If the owner corrects each alleged violation within 10 days of notice, the Board shall:

The Board may appoint inspectors to conduct inspections.

Subject to the State budget, each inspector is entitled to:

The Board shall inspect beauty salons.

The Board shall inspect the facilities of applicants for beauty salon permits before the beauty salon:

A beauty salon that remodels and reopens with the same owner is not subject to the inspection requirement of this subsection.

The Board or an inspector may enter and inspect a cosmetology school approved by the State Board of Education or the Maryland Higher Education Commission at any time during business hours to determine the sanitary condition of the cosmetology school.

If, during an inspection of a cosmetology school, an inspector finds an unsanitary condition, the inspector promptly shall report the condition to the Board.

A beauty salon shall allow an inspector, on presentation of credentials, to enter and inspect the facility at any time during business hours.

During inspection of a beauty salon, the owner, lessee, or manager of the beauty salon shall accompany the inspector.

An inspector shall make an inspection report after an inspection and give a copy to the individual who accompanied the inspector during the inspection.

The individual shall sign the inspection report for the beauty salon or cosmetology school to acknowledge receipt of a copy of the report.

Subject to the hearing provisions of § 5–523 of this subtitle, the Board may deny a beauty salon permit to any applicant, reprimand any permit holder, or suspend or revoke a beauty salon permit:

The Board shall pay any penalty collected under this subsection into the General Fund of the State.

The Board shall commence proceedings under this section on a complaint to the Board by a member of the Board or any person.

A complaint shall:

If service is made by certified mail, the person who mails the document shall file with the Board verified proof of mailing.

Except as provided in subsection (d) of this section, if the Board finds that a complaint alleges facts that are adequate grounds for action under this section, the Board shall act on the complaint as provided under § 5–523 of this subtitle to deny, suspend, or revoke a license, reprimand a licensee, or assess a penalty.

If the Board does not make the finding, the Board shall dismiss the complaint.

If the Board makes the finding under subsection (c)(1) of this section for a violation that relates to the sanitary condition of a beauty salon or the sanitary practice of cosmetology, the Board shall provide the owner of the salon an opportunity to correct the alleged violation.

If the owner fails to correct each alleged violation within 10 days of written notification of the violation by the Board, the Board shall act on the complaint as provided under § 5–523 of this subtitle.

If the owner corrects each alleged violation within 10 days of notice, the Board shall:

The Board may issue a subpoena for the attendance of a witness to testify or the production of evidence in connection with any proceeding under this section.

A subpoena issued under this subsection shall be served by:

Unless authorized under this title to practice cosmetology, a person may not represent to the public, by use of a title, including “licensed cosmetologist”, by description of services, methods, or procedures, or otherwise, that the person is authorized to practice cosmetology in the State.

If an individual is authorized under this title to engage in the limited practice of cosmetology, the individual may represent to the public that the individual is authorized to practice cosmetology in a manner restricted to that limited practice.

a beauty salon that holds a beauty salon permit; or

a barbershop that holds a barbershop permit issued under Title 4 of this article.

A licensed cosmetologist, esthetician, eyelash extension technician, hairstylist, hairstylist – blow dry technician, or nail technician may practice cosmetology and provide services in:

To practice in any of the locations specified in this subsection:

employ in the beauty salon an individual with an infectious or contagious disease that presents a hazard to a patron; or

after discovering an individual has an infectious or contagious disease that presents a hazard to a patron, continue to employ the individual in the beauty salon.

An individual who knows that the individual has an infectious or contagious disease that presents a hazard to a beauty salon patron may not practice cosmetology.

An individual who knows that another individual has an infectious or contagious disease that presents a hazard to a beauty salon patron may not practice cosmetology on that other individual.

cause an infection; or

impart an infectious or contagious disease that presents a hazard to a beauty salon patron.

Except as otherwise provided by this title, the Board may impose on a person who violates any provision of this title a penalty not exceeding $1,000 for all violations cited on a single day.

In setting the amount of the penalty, the Board shall consider:

The Board shall pay any penalty collected under this subsection into the General Fund of the State.

a brief description of each violation;

the amount of a civil penalty, as prescribed by regulation, for each violation; and

as provided in this section:

hand-delivery; or

certified mail to the last known address of the licensee or permit holder.

Upon the receipt of a written notice of a licensee or permit holder’s intent to contest a citation, the Board shall hold a hearing, in accordance with § 5-315 or § 5-523 of this title, regarding the cited violations.

A hearing held in accordance with paragraph (1) of this subsection may not be delegated to the Office of Administrative Hearings under Title 10, Subtitle 2 of the State Government Article.

The Board shall establish by regulation a schedule of civil penalties for violations of this title and regulations adopted by the Board.

The civil penalties imposed under this subsection may not exceed $300 for all violations cited on a single day.

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

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.

License and regulate Cosmetology;

Have a mechanism or entity in place to receive and investigate complaints about Licensees practicing in that State;

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;

Require that Licensees satisfy educational or training requirements in Cosmetology prior to being licensed to provide Cosmetology Services to the public in that State;

Implement procedures for considering one or more of the following categories of information from applicants for licensure: criminal history; disciplinary history; or Background Check. Such procedures may include the submission of information by applicants for the purpose of obtaining an applicant’s Background Check as defined herein;

Participate in the Data System, including through the use of unique identifying numbers;

Share information related to Adverse Actions with the Commission and other Member States, both through the Data System and otherwise;

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;

Comply with such Rules as may be enacted by the Commission to administer the Compact; and

Accept Licensees from other Member States as established herein.

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;

Pay all required fees related to the application and process and any other fees which the Commission may by Rule require; and

Comply with any and all other requirements regarding Multistate Licenses which the Commission may by Rule provide.

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.

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.

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.

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.

Take Adverse Action against a Licensee’s Authorization to Practice Cosmetology through the Multistate License in that Member State, provided that:

Issue cease and desist orders or impose an Encumbrance on a Licensee’s Authorization to Practice within that Member State.

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 may report the results of an investigation to the Commission through the Data System as described herein.

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.

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.

Take Adverse Action against the Licensee’s Authorization to Practice in that State based on the factual findings of another Remote State.

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.

Member States shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the Compact.

Each Member State shall have and be limited to one delegate selected by that Member State’s State Licensing Authority.

The delegate shall be an administrator of the State Licensing Authority of the Member State or their designee.

The Commission shall by Rule or bylaw establish a term of office for delegates and may by Rule or bylaw establish term limits.

The Commission may recommend removal or suspension of any delegate from office.

A Member State’s State Licensing Authority shall fill any vacancy of its delegate occurring on the Commission within 60 days of the vacancy.

Each delegate shall be entitled to one vote on all matters that are voted on by the Commission.

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.

Establish the fiscal year of the Commission;

Establish a code of conduct and conflict of interest policies;

Adopt Rules and bylaws;

Maintain its financial records in accordance with the bylaws;

Meet and take such actions as are consistent with the provisions of this Compact, the Commission’s Rules, and the bylaws;

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 may not be affected;

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;

Purchase and maintain insurance and bonds;

Borrow, accept, or contract for services of personnel, including employees of a Member State;

Conduct an annual financial review;

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;

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 may be construed to prevent a Home State from charging a Licensee a fee for a Multistate License or renewals of a Multistate License, or a fee for the Jurisprudence Requirement if the Member State imposes such a requirement for the grant of a Multistate License;

Assess and collect fees;

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;

Lease, purchase, retain, own, hold, improve, or use any property, real, personal, or mixed, or any undivided interest therein;

Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed;

Establish a budget and make expenditures;

Borrow money;

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;

Provide and receive information from and cooperate with law enforcement agencies;

Elect a Chair, Vice Chair, Secretary and Treasurer and such other officers of the Commission as provided in the Commission’s bylaws;

Establish and elect an Executive Committee, including a Chair and a Vice Chair;

Adopt and provide to the Member States an annual report;

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

Perform such other functions as may be necessary or appropriate to achieve the purposes of this Compact.

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:

The Executive Committee shall be composed of up to seven voting members.

The Commission may remove any member of the Executive Committee as provided in the Commission’s bylaws.

The Executive Committee shall meet at least annually.

The Executive Committee may hold an emergency meeting when acting for the Commission to:

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 30 days prior to the public meeting.

Notwithstanding Article 9.F.1., the Commission may convene an emergency public meeting by providing at least 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.

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.

The Commission may convene in a closed, non–public meeting for the Commission to discuss:

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.

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.

The Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.

The Commission may accept any and all appropriate sources of revenue, donations, and grants of money, equipment, supplies, materials, and services.

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.

The Commission may not incur obligations of any kind prior to securing the adequate funds to meet the same; nor shall the Commission pledge the credit of any Member States, except by and with the authority of the Member State.

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.

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 may 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 may not in any way compromise or limit the immunity granted hereunder.

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 may 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.

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.

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.

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 federal Sherman Act, federal Clayton Act, or any other State or federal antitrust or anticompetitive law or regulation.

Nothing in this Compact shall be construed to be a waiver of sovereign immunity by the Member States or by the Commission.

Identifying information;

Licensure data;

Adverse Actions against a license and related thereto;

Non–confidential information related to Alternative Program participation, the beginning and ending dates of such participation, and other information related to such participation;

Any denial of application for licensure and the reason for the denial (excluding the reporting of any criminal history record information where prohibited by law);

The existence of Investigative Information;

The existence of Current Significant Investigative Information; and

Other information that may facilitate the administration of this Compact or the protection of the public, as determined by the Rules of the Commission.

On the website of the Commission or other publicly accessible platform;

To persons who have requested notice of the Commission’s notices of proposed rulemaking; and

In any such way the Commission may by Rule specify.

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;

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;

The text of the proposed Rule and the reason therefor;

A request for comments on the proposed Rule from any interested person; and

The manner in which interested persons may submit written comments.

The Commission may adopt changes to the proposed Rule provided the changes do not enlarge the original purpose of the proposed Rule.

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.

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 45 days after the Commission issuing the notice that it adopted or amended the Rule.

Meet an imminent threat to public health, safety, or welfare;

Prevent a loss of Commission or Member State funds;

Meet a deadline for the promulgation of a Rule that is established by federal law or rule; or

Protect public health and safety.

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.

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.

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.

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.

The Commission shall provide a copy of the notice of default to the other Member States.

If a State in default fails to cure the default, the defaulting State may be terminated from the Compact after 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.

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.

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.

Upon the termination of a State’s membership from this Compact, that State shall immediately provide notice to all licensees who hold a Multistate License within that State of such termination. The terminated State shall continue to recognize all licenses granted pursuant to this Compact for a minimum of 180 days after the date of said notice of termination.

The Commission may 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.

The defaulting State may appeal the action of the Commission by petitioning the United States District Court for the District of Columbia or the federal district where the Commission has its principal offices. The prevailing party shall be awarded all costs of such litigation, including reasonable attorney’s fees.

Upon request by a Member State, the Commission shall attempt to resolve disputes related to the Compact that arise among Member States and between Member and non–Member States.