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AB500,22,424 2. Each administrator shall be entitled to one vote with regard to the
25promulgation of rules and creation of bylaws and shall otherwise have an

1opportunity to participate in the business and affairs of the commission. An
2administrator shall vote in person or by such other means as provided in the bylaws.
3The bylaws may provide for an administrator's participation in meetings by
4telephone or other means of communication.
AB500,22,75 3. The commission shall meet at least once during each calendar year.
6Additional meetings shall be held as set forth in the bylaws or rules of the
7commission.
AB500,22,108 4. All meetings shall be open to the public, and public notice of meetings shall
9be given in the same manner as required under the rule-making provisions in sub.
10(8).
AB500,22,1211 5. The commission may convene in a closed, nonpublic meeting if the
12commission must discuss any of the following:
AB500,22,1313 a. Noncompliance of a party state with its obligations under this compact.
AB500,22,1614 b. The employment, compensation, discipline or other personnel matters,
15practices or procedures related to specific employees or other matters related to the
16commission's internal personnel practices and procedures.
AB500,22,1717 c. Current, threatened, or reasonably anticipated litigation.
AB500,22,1918 d. Negotiation of contracts for the purchase or sale of goods, services, or real
19estate.
AB500,22,2020 e. Accusing any person of a crime or formally censuring any person.
AB500,22,2221 f. Disclosure of trade secrets or commercial or financial information that is
22privileged or confidential.
AB500,22,2423 g. Disclosure of information of a personal nature where disclosure would
24constitute a clearly unwarranted invasion of personal privacy.
AB500,22,2525 h. Disclosure of investigatory records compiled for law enforcement purposes.
AB500,23,2
1i. Disclosure of information related to any reports prepared by or on behalf of
2the commission for the purpose of investigation of compliance with this compact.
AB500,23,33 j. Matters specifically exempted from disclosure by federal or state statute.
AB500,23,124 6. If a meeting, or portion of a meeting, is closed pursuant to this provision, the
5commission's legal counsel or designee shall certify that the meeting may be closed
6and shall reference each relevant exempting provision. The commission shall keep
7minutes that fully and clearly describe all matters discussed in a meeting and shall
8provide a full and accurate summary of actions taken, and the reasons therefor,
9including a description of the views expressed. All documents considered in
10connection with an action shall be identified in such minutes. All minutes and
11documents of a closed meeting shall remain under seal, subject to release by a
12majority vote of the commission or order of a court of competent jurisdiction.
AB500,23,1613 (c) The commission shall, by a majority vote of the administrators, prescribe
14bylaws or rules to govern its conduct as may be necessary or appropriate to carry out
15the purposes and exercise the powers of this compact, including but not limited to any
16of the following:
AB500,23,1717 1. Establishing the fiscal year of the commission.
AB500,23,1818 2. Providing reasonable standards and procedures:
AB500,23,1919 a. For the establishment and meetings of other committees; and
AB500,23,2120 b. Governing any general or specific delegation of any authority or function of
21the commission.
AB500,24,522 3. Providing reasonable procedures for calling and conducting meetings of the
23commission, ensuring reasonable advance notice of all meetings, and providing an
24opportunity for attendance of such meetings by interested parties, with enumerated
25exceptions designed to protect the public's interest, the privacy of individuals, and

1proprietary information, including trade secrets. The commission may meet in
2closed session only after a majority of the administrators vote to close a meeting in
3whole or in part. As soon as practicable, the commission must make public a copy
4of the vote to close the meeting revealing the vote of each administrator, with no
5proxy votes allowed.
AB500,24,76 4. Establishing the titles, duties, and authority and reasonable procedures for
7the election of the officers of the commission.
AB500,24,118 5. Providing reasonable standards and procedures for the establishment of the
9personnel policies and programs of the commission. Notwithstanding any civil
10service or other similar laws of any party state, the bylaws shall exclusively govern
11the personnel policies and programs of the commission.
AB500,24,1412 6. Providing a mechanism for winding up the operations of the commission and
13the equitable disposition of any surplus funds that may exist after the termination
14of this compact after the payment or reserving of all of its debts and obligations.
AB500,24,1615 (d) The commission shall publish its bylaws and rules, and any amendments
16thereto, in a convenient form on the website of the commission.
AB500,24,1817 (e) The commission shall maintain its financial records in accordance with the
18bylaws.
AB500,24,2019 (f) The commission shall meet and take such actions as are consistent with the
20provisions of this compact and the bylaws.
AB500,24,2121 (g) The commission shall have all of the following powers:
AB500,24,2422 1. To promulgate uniform rules to facilitate and coordinate implementation
23and administration of this compact. The rules shall have the force and effect of law
24and shall be binding in all party states.
AB500,25,3
12. To bring and prosecute legal proceedings or actions in the name of the
2commission, provided that the standing of any licensing board to sue or be sued under
3applicable law shall not be affected.
AB500,25,44 3. To purchase and maintain insurance and bonds.
AB500,25,65 4. To borrow, accept, or contract for services of personnel, including, but not
6limited to, employees of a party state or nonprofit organizations.
AB500,25,97 5. To cooperate with other organizations that administer state compacts
8related to the regulation of nursing, including but not limited to sharing
9administrative or staff expenses, office space, or other resources.
AB500,25,1410 6. To hire employees, elect or appoint officers, fix compensation, define duties,
11grant such individuals appropriate authority to carry out the purposes of this
12compact, and to establish the commission's personnel policies and programs relating
13to conflicts of interest, qualifications of personnel, and other related personnel
14matters.
AB500,25,1815 7. To accept any and all appropriate donations, grants and gifts of money,
16equipment, supplies, materials, and services, and to receive, utilize, and dispose of
17the same; provided that at all times the commission shall avoid any appearance of
18impropriety or conflict of interest.
AB500,25,2119 8. To lease, purchase, accept appropriate gifts or donations of, or otherwise to
20own, hold, improve, or use, any property, whether real, personal, or mixed; provided
21that at all times the commission shall avoid any appearance of impropriety.
AB500,25,2322 9. To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise
23dispose of any property, whether real, personal, or mixed.
AB500,25,2424 10. To establish a budget and make expenditures.
AB500,25,2525 11. To borrow money.
AB500,26,3
112. To appoint committees, including advisory committees comprised of
2administrators, state nursing regulators, state legislators or their representatives,
3and consumer representatives, and other such interested persons.
AB500,26,54 13. To provide and receive information from, and to cooperate with, law
5enforcement agencies.
AB500,26,66 14. To adopt and use an official seal.
AB500,26,97 15. To perform such other functions as may be necessary or appropriate to
8achieve the purposes of this compact consistent with the state regulation of nurse
9licensure and practice.
AB500,26,1010 (h) Financing of the commission:
AB500,26,1211 1. The commission shall pay, or provide for the payment of, the reasonable
12expenses of its establishment, organization, and ongoing activities.
AB500,26,1713 2. The commission may also levy on and collect an annual assessment from
14each party state to cover the cost of its operations, activities, and staff in its annual
15budget as approved each year. The aggregate annual assessment amount, if any,
16shall be allocated based upon a formula to be determined by the commission, which
17shall promulgate a rule that is binding upon all party states.
AB500,26,2018 3. The commission shall not incur obligations of any kind prior to securing the
19funds adequate to meet the same; nor shall the commission pledge the credit of any
20of the party states, except by, and with the authority of, such party state.
AB500,27,221 4. The commission shall keep accurate accounts of all receipts and
22disbursements. The receipts and disbursements of the commission shall be subject
23to the audit and accounting procedures established under its bylaws. However, all
24receipts and disbursements of funds handled by the commission shall be audited

1yearly by a certified or licensed public accountant, and the report of the audit shall
2be included in and become part of the annual report of the commission.
AB500,27,33 (i) Qualified immunity, defense and indemnification:
AB500,27,134 1. The administrators, officers, executive director, employees, and
5representatives of the commission shall be immune from suit and liability, either
6personally or in their official capacity, for any claim for damage to or loss of property
7or personal injury or other civil liability caused by or arising out of any actual or
8alleged act, error, or omission that occurred, or that the person against whom the
9claim is made had a reasonable basis for believing occurred, within the scope of
10commission employment, duties, or responsibilities; provided that nothing in this
11subdivision shall be construed to protect any such person from suit or liability for any
12damage, loss, injury, or liability caused by the intentional, willful, or wanton
13misconduct of that person.
AB500,27,2214 2. The commission shall defend any administrator, officer, executive director,
15employee, or representative of the commission in any civil action seeking to impose
16liability arising out of any actual or alleged act, error, or omission that occurred
17within the scope of commission employment, duties, or responsibilities, or that the
18person against whom the claim is made had a reasonable basis for believing occurred
19within the scope of commission employment, duties, or responsibilities; provided
20that nothing herein shall be construed to prohibit that person from retaining his or
21her own counsel; and provided further that the actual or alleged act, error, or
22omission did not result from that person's intentional, willful, or wanton misconduct.
AB500,28,523 3. The commission shall indemnify and hold harmless any administrator,
24officer, executive director, employee, or representative of the commission for the
25amount of any settlement or judgment obtained against that person arising out of

1any actual or alleged act, error, or omission that occurred within the scope of
2commission employment, duties, or responsibilities, or that such person had a
3reasonable basis for believing occurred within the scope of commission employment,
4duties, or responsibilities, provided that the actual or alleged act, error, or omission
5did not result from the intentional, willful, or wanton misconduct of that person.
AB500,28,10 6(8) Article VIII — Rule making. (a) The commission shall exercise its
7rulemaking powers pursuant to the criteria set forth in this subsection and the rules
8adopted thereunder. Rules and amendments shall become binding as of the date
9specified in each rule or amendment and shall have the same force and effect as
10provisions of this compact.
AB500,28,1211 (b) Rules or amendments to the rules shall be adopted at a regular or special
12meeting of the commission.
AB500,28,1613 (c) Prior to promulgation and adoption of a final rule or rules by the
14commission, and at least sixty days in advance of the meeting at which the rule will
15be considered and voted upon, the commission shall file a notice of proposed
16rulemaking on all of the following:
AB500,28,1717 1. The website of the commission.
AB500,28,1918 2. The website of each licensing board or the publication in which each state
19would otherwise publish proposed rules.
AB500,28,2020 (d) The notice of proposed rule making shall include all of the following:
AB500,28,2221 1. The proposed time, date, and location of the meeting in which the rule will
22be considered and voted upon.
AB500,28,2423 2. The text of the proposed rule or amendment, and the reason for the proposed
24rule.
AB500,28,2525 3. A request for comments on the proposed rule from any interested person.
AB500,29,3
14. The manner in which interested persons may submit notice to the
2commission of their intention to attend the public hearing and any written
3comments.
AB500,29,64 (e) Prior to adoption of a proposed rule, the commission shall allow persons to
5submit written data, facts, opinions, and arguments, which shall be made available
6to the public.
AB500,29,87 (f) The commission shall grant an opportunity for a public hearing before it
8adopts a rule or amendment.
AB500,29,109 (g) The commission shall publish the place, time, and date of the scheduled
10public hearing.
AB500,29,1311 1. Hearings shall be conducted in a manner providing each person who wishes
12to comment a fair and reasonable opportunity to comment orally or in writing. All
13hearings will be recorded, and a copy will be made available upon request.
AB500,29,1614 2. Nothing in this subsection shall be construed as requiring a separate hearing
15on each rule. Rules may be grouped for the convenience of the commission at
16hearings required by this subsection.
AB500,29,1817 (h) If no one appears at the public hearing, the commission may proceed with
18promulgation of the proposed rule.
AB500,29,2119 (i) Following the scheduled hearing date, or by the close of business on the
20scheduled hearing date if the hearing was not held, the commission shall consider
21all written and oral comments received.
AB500,29,2422 (j) The commission shall, by majority vote of all administrators, take final
23action on the proposed rule and shall determine the effective date of the rule, if any,
24based on the rule-making record and the full text of the rule.
AB500,30,7
1(k) Upon determination that an emergency exists, the commission may
2consider and adopt an emergency rule without prior notice, opportunity for
3comment, or hearing, provided that the usual rule-making procedures provided in
4this compact and in this subsection shall be retroactively applied to the rule as soon
5as reasonably possible, in no event later than 90 days after the effective date of the
6rule. For the purposes of this provision, an emergency rule is one that must be
7adopted immediately in order to do any of the following:
AB500,30,88 1. Meet an imminent threat to public health, safety, or welfare.
AB500,30,99 2. Prevent a loss of commission or party state funds.
AB500,30,1110 3. Meet a deadline for the promulgation of an administrative rule that is
11required by federal law or rule.
AB500,30,2112 (L) The commission may direct revisions to a previously adopted rule or
13amendment for purposes of correcting typographical errors, errors in format, errors
14in consistency, or grammatical errors. Public notice of any revisions shall be posted
15on the website of the commission. The revision shall be subject to challenge by any
16person for a period of 30 days after posting. The revision may be challenged only on
17grounds that the revision results in a material change to a rule. A challenge shall
18be made in writing, and delivered to the commission, prior to the end of the notice
19period. If no challenge is made, the revision will take effect without further action.
20If the revision is challenged, the revision may not take effect without the approval
21of the commission.
AB500,30,24 22(9) Article IX — Oversight, dispute resolution, and enforcement. (a)
23Oversight. 1. Each party state shall enforce this compact and take all actions
24necessary and appropriate to effectuate this compact's purposes and intent.
AB500,31,5
12. The commission shall be entitled to receive service of process in any
2proceeding that may affect the powers, responsibilities, or actions of the commission,
3and shall have standing to intervene in such a proceeding for all purposes. Failure
4to provide service of process in such proceeding to the commission shall render a
5judgment or order void as to the commission, this compact, or promulgated rules.
AB500,31,96 (b) Default, technical assistance, and termination. 1. If the commission
7determines that a party state has defaulted in the performance of its obligations or
8responsibilities under this compact or the promulgated rules, the commission shall
9do all of the following:
AB500,31,1210 a. Provide written notice to the defaulting state and other party states of the
11nature of the default, the proposed means of curing the default, or any other action
12to be taken by the commission.
AB500,31,1413 b. Provide remedial training and specific technical assistance regarding the
14default.
AB500,31,2015 2. If a state in default fails to cure the default, the defaulting state's
16membership in this compact may be terminated upon an affirmative vote of a
17majority of the administrators, and all rights, privileges, and benefits conferred by
18this compact may be terminated on the effective date of termination. A cure of the
19default does not relieve the offending state of obligations or liabilities incurred
20during the period of default.
AB500,31,2521 3. Termination of membership in this compact shall be imposed only after all
22other means of securing compliance have been exhausted. Notice of intent to
23suspend or terminate shall be given by the commission to the governor of the
24defaulting state and to the executive officer of the defaulting state's licensing board
25and each of the party states.
AB500,32,4
14. A state whose membership in this compact has been terminated is
2responsible for all assessments, obligations, and liabilities incurred through the
3effective date of termination, including obligations that extend beyond the effective
4date of termination.
AB500,32,75 5. The commission shall not bear any costs related to a state that is found to
6be in default or whose membership in this compact has been terminated unless
7agreed upon in writing between the commission and the defaulting state.
AB500,32,118 6. The defaulting state may appeal the action of the commission by petitioning
9the U.S. District Court for the District of Columbia or the federal district in which
10the commission has its principal offices. The prevailing party shall be awarded all
11costs of such litigation, including reasonable attorneys' fees.
AB500,32,1412 (c) Dispute resolution. 1. Upon request by a party state, the commission shall
13attempt to resolve disputes related to the compact that arise among party states and
14between party and nonparty states.
AB500,32,1615 2. The commission shall promulgate a rule providing for both mediation and
16binding dispute resolution for disputes, as appropriate.
AB500,32,1817 3. In the event the commission cannot resolve disputes among party states
18arising under this compact, all of the following apply:
AB500,32,2219 a. The party states may submit the issues in dispute to an arbitration panel,
20which will be comprised of individuals appointed by the compact administrator in
21each of the affected party states and an individual mutually agreed upon by the
22compact administrators of all the party states involved in the dispute.
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