Okla. Stat. tit. 59, § 59-1582

Commission.

A. The Compact member states hereby create and establish a

joint public agency known as the Audiology and Speech-Language

Pathology Compact Commission.

1. The Commission is an instrumentality of the Compact states.

2. Venue is proper and judicial proceedings by or against the

Commission shall be brought solely and exclusively in a court of

Oklahoma Statutes - Title 59. Professions and Occupations Page 1164

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.

3. Nothing in this Compact shall be construed to be a waiver of

sovereign immunity.

B. Membership, Voting and Meetings.

1. Each member state shall have two delegates selected by that

member state's licensing board. The delegates shall be current

members of the licensing board. One shall be an audiologist and one

shall be a speech-language pathologist.

2. An additional five delegates, who are either a public member

or board administrator from a state licensing board, shall be chosen

by the Executive Committee from a pool of nominees provided by the

Commission at large.

3. Any delegate may be removed or suspended from office as

provided by the law of the state from which the delegate is

appointed.

4. The member state board shall fill any vacancy occurring on

the Commission, within ninety (90) days.

5. Each delegate shall be entitled to one vote with regard to

the promulgation of rules and creation of bylaws and shall otherwise

have an opportunity to participate in the business and affairs of

the Commission.

6. A delegate shall vote in person or by other means as

provided in the bylaws. The bylaws may provide for delegates'

participation in meetings by telephone or other means of

communication.

7. The Commission shall meet at least once during each calendar

year. Additional meetings shall be held as set forth in the bylaws.

C. The Commission shall have the following powers and duties:

1. Establish the fiscal year of the Commission;

2. Establish bylaws;

3. Establish a Code of Ethics;

4. Maintain its financial records in accordance with the

bylaws;

5. Meet and take actions as are consistent with the provisions

of this Compact and the bylaws;

6. Promulgate uniform rules to facilitate and coordinate

implementation and administration of this Compact. The rules shall

have the force and effect of law and shall be binding in all member

states;

7. Bring and prosecute legal proceedings or actions in the name

of the Commission, provided that the standing of any state audiology

or speech-language pathology licensing board to sue or be sued under

applicable law shall not be affected;

8. Purchase and maintain insurance and bonds;

Oklahoma Statutes - Title 59. Professions and Occupations Page 1165

9. Borrow, accept or contract for services of personnel

including, but not limited to, employees of a member state;

10. Hire employees, elect or appoint officers, fix

compensation, define duties, grant individuals appropriate authority

to carry out the purposes of the Compact and to establish the

Commission's personnel policies and programs relating to conflicts

of interest, qualifications of personnel and other related personnel

matters;

11. Accept any and all appropriate donations and grants of

money, equipment, supplies, materials and services, and to receive,

utilize and dispose of the same; provided, that at all times the

Commission shall avoid any appearance of impropriety and/or conflict

of interest;

12. Lease, purchase, accept appropriate gifts or donations of,

or otherwise to own, hold, improve or use, any property, real,

personal or mixed; provided, that at all times the Commission shall

avoid any appearance of impropriety;

13. Sell, convey, mortgage, pledge, lease, exchange, abandon or
at all times the

Commission shall avoid any appearance of impropriety and/or conflict

of interest;

12. Lease, purchase, accept appropriate gifts or donations of,

or otherwise to own, hold, improve or use, any property, real,

personal or mixed; provided, that at all times the Commission shall

avoid any appearance of impropriety;

13. Sell, convey, mortgage, pledge, lease, exchange, abandon or

otherwise dispose of any property real, personal or mixed;

14. Establish a budget and make expenditures;

15. Borrow money;

16. Appoint committees, including standing committees composed

of members, and other interested persons as may be designated in

this Compact and the bylaws;

17. Provide and receive information from, and cooperate with,

law enforcement agencies;

18. Establish and elect an Executive Committee; and

19. Perform other functions as may be necessary or appropriate

to achieve the purposes of this Compact consistent with the state

regulation of audiology and speech-language pathology licensure and

practice.

D. The Executive Committee shall have the power to act on

behalf of the Commission according to the terms of this Compact.

The Executive Committee shall be composed of ten (10) members:

1. Seven voting members who are elected by the Commission from

the current membership of the Commission;

2. Two ex officios, consisting of one nonvoting member from a

recognized national audiology professional association and one

nonvoting member from a recognized national speech-language

pathology association; and

3. One ex officio, nonvoting member from the recognized

membership organization of the audiology and speech-language

pathology licensing boards.

E. The ex officio members shall be selected by their respective

organizations.

1. The Commission may remove any member of the Executive

Committee as provided in bylaws.

Oklahoma Statutes - Title 59. Professions and Occupations Page 1166

2. The Executive Committee shall meet at least annually.

3. The Executive Committee shall have the following duties and

responsibilities:

a. recommend to the entire Commission changes to the

rules or bylaws, changes to this Compact legislation,

fees paid by Compact member states such as annual

dues, and any commission Compact fee charged to

licensees for the compact privilege,

b. ensure Compact administration services are

appropriately provided, contractual or otherwise,

c. prepare and recommend the budget,

d. maintain financial records on behalf of the

Commission,

e. monitor Compact compliance of member states and

provide compliance reports to the Commission,

f. establish additional committees as necessary, and

g. other duties as provided in rules or bylaws.

4. Meetings of the Commission shall be open to the public, and

public notice of meetings shall be given in the same manner as

required under the rulemaking provisions in Section 10 of this act.

5. The Commission or the Executive Committee or other

committees of the Commission may convene in a closed, nonpublic

meeting if the Commission or Executive Committee or other committees

of the Commission shall 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, threatened or reasonably anticipated

litigation,

d. negotiation of contracts for the purchase, lease or

sale of goods, services or real estate,

e. accusing any person of a crime or formally censuring

any person,

f. disclosure of trade secrets or commercial or financial

information that is privileged or confidential,

g. disclosure of information of a personal nature where

disclosure would constitute a clearly unwarranted

invasion of personal privacy,

h. disclosure of investigative records compiled for law

enforcement purposes,
te,

e. accusing any person of a crime or formally censuring

any person,

f. disclosure of trade secrets or commercial or financial

information that is privileged or confidential,

g. disclosure of information of a personal nature where

disclosure would constitute a clearly unwarranted

invasion of personal privacy,

h. disclosure of investigative records compiled for law

enforcement purposes,

i. disclosure of information related to any investigative

reports prepared by or on behalf of or for use of the

Commission or other committee charged with

Oklahoma Statutes - Title 59. Professions and Occupations Page 1167

responsibility of investigation or determination of

compliance issues pursuant to the Compact, or

j. matters specifically exempted from disclosure by

federal or member state statute.

6. If a meeting, or portion of a meeting, is closed pursuant to

this provision, the Commission's legal counsel or designee shall

certify that the meeting may be closed and shall reference each

relevant exempting provision.

7. 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 therefore,

including a description of the views expressed. All documents

considered in connection with an action shall be identified in

minutes. All minutes and documents of a closed meeting shall remain

under seal, subject to release by a majority vote of the Commission

or order of a court of competent jurisdiction.

8. Financing of the Commission:

a. the Commission shall pay, or provide for the payment

of, the reasonable expenses of its establishment,

organization, and ongoing activities,

b. the Commission may accept any and all appropriate

revenue sources, donations and grants of money,

equipment, supplies, materials and services, and

c. the Commission may levy on and collect an annual

assessment from each member 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 member

states.

9. 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.

10. 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.

F. Qualified Immunity, Defense, and Indemnification:

Oklahoma Statutes - Title 59. Professions and Occupations Page 1168

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 person from suit and/or liability for any

damage, loss, injury, or liability caused by the intentional or
r 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 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.

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.

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 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.