{"data":{"id":"us-dc/d.c.-code-3-1281.09","jurisdiction":"us-dc","citation":"D.C. Code § 3-1281.09","heading":"Establishment of Counseling Compact Commission.","body":"(a)\nThe Compact member states hereby create and establish a joint public agency known as the Counseling Compact Commission:\n(1)\nThe Commission is an instrumentality of the compact states.\n(2)\nVenue 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.\n(3)\nNothing in this Compact shall be construed to be a waiver of sovereign immunity.\n\n(b)\n(1)\nEach member state shall have and be limited to one delegate selected by that member state's licensing board.\n(2)\nThe delegate shall be either:\n(A)\nA current member of the licensing board at the time of appointment, who is a licensed professional counselor or public member; or\n(B)\nAn administrator of the licensing board.\n(3)\nAny delegate may be removed or suspended from office as provided by the law of the state from which the delegate is appointed.\n(4)\nThe member state licensing board shall fill any vacancy occurring on the Commission within 60 days.\n(5)\nEach 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.\n(6)\nA delegate shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for delegates' participation in meetings by telephone or other means of communication.\n(7)\nThe Commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws.\n(8)\nThe Commission shall by rule establish a term of office for delegates and may by rule establish term limits.\n\n(c)\nThe Commission shall have the following powers and duties:\n(1)\nEstablish the fiscal year of the Commission;\n(2)\nEstablish bylaws;\n(3)\nMaintain its financial records in accordance with the bylaws;\n(4)\nMeet and take such actions as are consistent with the provisions of this Compact and the bylaws;\n(5)\nPromulgate rules which shall be binding to the extent and in the manner provided for in the Compact;\n(6)\nBring and prosecute legal proceedings or actions in the name of the Commission; provided, that the standing of any state licensing board to sue or be sued under applicable law shall not be affected;\n(7)\nPurchase and maintain insurance and bonds;\n(8)\nBorrow, accept, or contract for services of personnel, including employees of a member state;\n(9)\nHire 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;\n(10)\nAccept 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 or conflicts of interest;\n(11)\nLease, purchase, accept appropriate gifts or donations of, or otherwise own, hold, improve, or use, any property, real, personal or mixed; provided, that at all times the Commission shall avoid any appearance of impropriety;\n(12)\nSell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed;\n(13)\nEstablish a budget and make expenditures;\n(14)\nBorrow money;\n(15)\nAppoint 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;\n(16)\nProvide and receive information from, and cooperate with, law enforcement agencies;\n(17)\nEstablish and elect an Executive Committee; and\n(18)\nPerform such other functions as may be necessary or appropriate to achieve the purposes of this Compact consistent with the state regulation of professional counseling licensure and practice.\n\n(d)\n(1)\nThe Executive Committee shall have the power to act on behalf of the Commission according to the terms of this Compact.\n(2)\nThe Executive Committee shall be composed of up to 11 members to be comprised as follows:\n(A)\n7 voting members who are elected by the Commission from the current membership of the Commission; and\n(B)\nUp to 4 ex-officio, nonvoting members from 4 recognized national professional counselor organizations, who shall be selected by their respective organizations.\n(3)\nThe Commission may remove any member of the Executive Committee as provided in the bylaws.\n(4)\nThe Executive Committee shall meet at least annually.\n(5)\nThe Executive Committee shall have the following duties and responsibilities:\n(A)\nRecommend 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 privilege to practice;\n(B)\nEnsure Compact administration services are appropriately provided, contractual or otherwise;\n(C)\nPrepare and recommend the budget;\n(D)\nMaintain financial records on behalf of the Commission;\n(E)\nMonitor Compact compliance of member states and provide compliance reports to the Commission;\n(F)\nEstablish additional committees as necessary; and\n(G)\nOther duties as provided in rules or bylaws.\n\n(e)\n(1)\nAll meetings 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 § 3-1281.11.\n(2)\nThe Commission or the Executive Committee or other committees of the Commission may convene in a closed, non-public meeting if the Commission or Executive Committee or other committees of the Commission must discuss the following:\n(A)\nNon-compliance of a member state with its obligations under the Compact;\n(B)\nThe 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;\n(C)\nCurrent, threatened, or reasonably anticipated litigation;\n(D)\nNegotiation of contracts for the purchase, lease, or sale of goods, services, or real estate;\n(E)\nAccusing any person of a crime or formally censuring any person;\n(F)\nDisclosure of trade secrets or commercial or financial information that is privileged or confidential;\n(G)\nDisclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;\n(H)\nDisclosure of investigative records compiled for law enforcement purposes;\n(I)\nDisclosure of information related to any investigative reports prepared by, on behalf of, or for use of, the Commission or other committee charged with the responsibility of investigation or determination of compliance issues pursuant to the Compact; or\n(J)\nMatters specifically exempted from disclosure by federal or member state statute.\n(3)\nIf a meeting, or portion of a meeting, is closed pursuant to this subsection, the Commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision.\n(4)\nThe 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 such 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.\n\n(f)\n(1)\nThe Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.\n(2)\nThe Commission may accept any and all appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services.\n(3)\nThe Commission may levy 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 shall 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.\n(4)\nThe 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.\n(5)\nThe 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; provided, that 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.\n\n(g)\n(1)\nThe 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 or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person.\n(2)\nThe 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.\n(3)\nThe 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.","path":["Title 3. District of Columbia Boards and Commissions.","Chapter 12C. Counseling Compact Commission."],"source_url":"https://code.dccouncil.gov/us/dc/council/code/sections/3-1281.09","current_through":"2026-08-20 (D.C. Law 26-175)","vintage":"","retrieved_at":"2026-08-29T05:44:07Z","sha256":"2ca79fb0023129bbed64191b63d1b2c2ee3046412ca97a1a75bfa83d3cb0884e","source_id":"us-dc","stale":false,"prev":"us-dc/d.c.-code-3-1281.08","next":"us-dc/d.c.-code-3-1281.10"},"notice":"GroundRules: Original legal text. Not legal advice."}