AB537,39,16 1m. The executive board shall be comprised of six members:

AB537,39,18 a. Five voting members who are elected from the current membership of the commission by the commission;

AB537,39,20 b. One ex-officio, nonvoting member from the recognized membership organization composed of state and provincial psychology regulatory authorities.

AB537,39,22 2. The ex-officio member must have served as staff or member on a state psychology regulatory authority and will be selected by its respective organization.

AB537,39,24 3. The commission may remove any member of the executive board as provided in bylaws.

AB537,39,25 4. The executive board shall meet at least annually.

AB537,40,1 5. The executive board shall have the following duties and responsibilities:

AB537,40,4 a. Recommend to the entire commission changes to the rules or bylaws, changes to this compact legislation, fees paid by compact states such as annual dues, and any other applicable fees;

AB537,40,6 b. Ensure compact administration services are appropriately provided, contractual or otherwise;

AB537,40,7 c. Prepare and recommend the budget;

AB537,40,8 d. Maintain financial records on behalf of the commission;

AB537,40,10 e. Monitor compact compliance of member states and provide compliance reports to the commission;

AB537,40,11 f. Establish additional committees as necessary; and

AB537,40,12 g. Other duties as provided in rules or bylaws.

AB537,40,15 (f) 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.

AB537,40,17 2. The commission may accept any and all appropriate revenue sources, donations and grants of money, equipment, supplies, materials and services.

AB537,40,24 3. The commission may levy on and collect an annual assessment from each compact state or impose fees on other parties 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 shall be allocated based upon a formula to be determined by the commission which shall promulgate a rule binding upon all compact states.

AB537,41,3 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 compact states, except by and with the authority of the compact state.

AB537,41,9 5. The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the commission.

AB537,41,19 (g) Qualified immunity, defense, and indemnification. 1. The members, officers, executive director, employees and representatives of the commission shall be immune from suit and liability, either personally or 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 and/or liability for any damage, loss, injury or liability caused by the intentional or willful or wanton misconduct of that person.

AB537,42,3 2. The commission shall defend any member, officer, executive director, employee or 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 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 his or her own counsel; 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.

AB537,42,11 3. The commission shall indemnify and hold harmless any member, officer, executive director, employee or 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.

AB537,42,15 (11) Article XI — Rulemaking. (a) The commission shall exercise its rulemaking powers pursuant to the criteria set forth in this subsection and the Rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment.

AB537,42,18 (b) If a majority of the legislatures of the compact states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the compact, then such rule shall have no further force and effect in any compact state.

AB537,42,20 (c) Rules or amendments to the rules shall be adopted at a regular or special meeting of the commission.

AB537,42,24 (d) Prior to promulgation and adoption of a final rule or rules by the commission, and at least sixty (60) days in advance of the meeting at which the rule will be considered and voted upon, the commission shall file a notice of proposed rulemaking:

AB537,42,25 1. On the website of the commission; and

AB537,43,2 2. On the website of each compact states' psychology regulatory authority or the publication in which each state would otherwise publish proposed rules.

AB537,43,3 (e) The notice of proposed rulemaking shall include: