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CLEAR
The Council on Licensure, Enforcement and Regulation
BYLAWS
As last amended May 10, 2001
The bylaws are also available in a printable format here
ARTICLE I
Name, Mission and Purpose
Section 1. The name of the organization shall be The Council on Licensure, Enforcement and Regulation, hereinafter referred to as CLEAR.
Section 2. CLEAR is an association of individuals, agencies and organizations, which comprise the international community of professional and occupational regulation. CLEAR is a dynamic forum for improving the quality and understanding of regulation in order to enhance public protection.
Section 3. The purpose of CLEAR shall be to:
(a) bring together government officials and agencies involved in or affected by professional and occupational regulation;
(b) encourage and provide for the exchange of information and ideas;
(c) provide education and training to government officials and other interested parties concerned with professional and occupational regulation;
(d) provide a central clearinghouse of information pertinent to professional and occupational regulation; and
(e) improve the administrative regulatory practices of government officials and agencies concerned with professional and occupational regulation.
ARTICLE II
Membership
Section 1. Regular membership shall be open to:
(a) governmental agencies concerned with professional and occupational regulation located in
(1) any of the states of the United States of America;
(2) the District of Columbia;
(3) the territories of:(a) the Virgin Islands;
(b) Guam; and
(c) American Samoa
(4) the Commonwealth of Puerto Rico;
(5) the Trust Territory of the Pacific Islands;
(6) the Northern Mariana Islands;
(7) the provinces and territories of Canada;
(b) other governmental jurisdictions as approved by the Board of Directors;
(c) individual employees or officials of governmental agencies concerned with professional and occupational regulation; however, such individuals shall not represent the agencies; and
(d) national associations of state professional and occupational licensing boards except that such membership shall accrue only to such organizations' national officers and directors.
Section 2. Associate membership shall be open to:
(a) non-governmental organizations not eligible for regular membership, provided that the organization shall be approved by the Board of Directors, shall have an interest in professional and occupational regulation, and shall have goals and objectives consistent with the mission and purpose of CLEAR. All benefits arising from such membership accrue to the parent organization and not to the individual organizations comprising its membership;
(b) individuals employed by or affiliated with an organization eligible for membership under 2(a); however, such an individual shall not represent that organization; and
(c) other individuals who are interested in occupational and professional regulation.Associate members are eligible for membership on all committees however no more than one associate member may sit at any time on the Nominations and Elections Committee and the Board of Directors.
Section 3. Any member whose fees remain unpaid 90 days after the beginning of CLEAR's fiscal year is automatically terminated as a member. Any member who does not comply with the provisions of the Bylaws, policies or guidelines of CLEAR, may be subject to termination of membership after review by the Board of Directors. Any member whose membership has been terminated for nonpayment of fees shall be eligible for reinstatement to membership upon payment of the current fees owed and any delinquent fees as provided for in CLEAR policies. Members who resign shall not be assessed any delinquent fees as a condition of reinstatement.
ARTICLE III
Board of DirectorsSection 1. The CLEAR Board of Directors shall consist of the following fifteen (15) persons:
(a) President;
(b) President-Elect;
(c) Immediate Past President;
(d) twelve (12) other elected members, one of whom shall be an associate member. Board members who experience a change in status and who remain members of CLEAR may serve the remainder f their terms.
Section 2. The Board of Directors shall:
(a) establish the governing policies and procedures for the management and operation of CLEAR;
(b) develop long-range policies and strategies for CLEAR, including financial;
(c) adopt an annual operating budget for CLEAR;
(d) meet at the annual meeting and at least one other time during the year;
(e) direct the use of the CLEAR name, logo or other indicia;
(f) establish membership recruitment and retention policies, including dues and assessments;
(g) grant awards in categories as determined by the Board for outstanding achievements in the field of professional and occupational licensing;
(h) oversee a nominations and elections process for members of the Board of Directors and its President-Elect, and
(i) exercise such other powers as are generally consistent with these Bylaws.Section 3. The members of the Board of Directors and the President-Elect shall be elected at the annual meeting. Voting procedures shall be established by the Board of Directors. A member of the Board of Directors shall resign that position upon election to the position of President-Elect. The vacant Board position will be filled by the eligible candidate who received the next highest number of votes during the last election of Board members. In the event of tie votes of the eligible candidates, the Board will vote by secret ballot and the candidate receiving the highest number of Board votes will fill the vacated Board position. If there were no eligible candidates, the Board position will remain vacant until the next full election of Board members. In the event of a vacancy on the Board of Directors following the last regular election and prior to the next regular election, the vacant Board position will be filled by the same procedure.
Members shall be qualified to cast allocated votes based on the following schedule: individual boards, 2 ballots; each multiple board agency (2-9 boards), 3 ballots; each multiple board agency (10-19 boards), 7 ballots; each multiple board agency (20 or more boards), 11 ballots; national associations of state boards, 3 ballots; other government agencies, 2 ballots; and individual members, 1 ballot; and, associate members, 1 ballot.Section 4. Board of Directors members shall serve no more than two full successive terms of two years each.
Section 5. Board of Directors members shall serve until their terms expire and their successors begin their terms of office.
Section 6. The Board of Directors may remove a member of the Board of Directors for cause. A member of the Board of Directors may be removed by a majority vote of those present, but in no event fewer than seven, of the Board of Directors, for a conviction of a felony, failure to perform duties of the office or other causes as may be specified in Board policies.
Section 7. The Board of Directors shall establish written policies for the removal of Board members.
ARTICLE IV
OfficersSection 1. The officers shall consist of the President, President-Elect and Immediate Past President. These officers shall constitute the Executive Committee of the Board of Directors. The Executive Director shall serve as a non-voting member of this committee. The Executive Committee shall have such authority as is delegated to it by the Board of Directors.
Section 2. The President shall assume office immediately after the final session of the annual meeting and shall perform the usual duties of a presiding officer at meetings of CLEAR:
(a) At each annual meeting the President shall report to the membership the accomplishments of CLEAR during the preceding twelve months
(b) The President shall appoint:(1) members to such committees as established by these Bylaws or the Board of Directors;
(2) members to such special committees as the President and/or Board of Directors deem(s) appropriate; and
(3) Chairs and Vice-Chairs of all committees in the event of vacancies in such positions appointed by the Presidents-Elect.(c) The President shall be a member and the presiding officer of the Board of Directors.
(d) Except as provided in Article IV, Section 2, the President shall serve for one membership year and shall not succeed him/herself, but shall serve until the successor's term of office begins.
(e) The President-Elect shall:(1) serve as the Treasurer;
(2) perform such duties as may be assigned by the President or the Board of Directors;
(3) serve as President during the membership year following his/her term as President-Elect;
(4) succeed the President and complete the President's term of office in the event the President should resign or otherwise be unable to serve; (5) in the case of temporary disability or absence of the President, perform and be vested with all the powers and duties of the President;
(6) in the event the President-Elect becomes the President pursuant to the provisions of Article IV Section 2(e)4, s/he shall also serve the full term of office to which s/he was initially elected; and
(7) immediately following the election, appoint committee vice-chairs who will succeed to positions of committee chairs.(f) In the event of a vacancy in the office of President-Elect, both the President and President-Elect shall be elected by the membership at the next annual meeting.
(g) The Immediate Past President shall serve until such time as a successor past president assumes that position. In the event of a vacancy in the office of Immediate Past President, the President shall appoint a Board member to assume the duties of the Immediate Past President; this appointment shall in no way affect the term of the appointed board member.
ARTICLE V
Relationship With CSG; Executive DirectorSection 1. CLEAR shall be an affiliate organization of The Council of State Governments (CSG).
Section 2. The Executive Director shall be appointed by and serve at the pleasure of the Board of Directors. The Executive Director shall be responsible for:
(a) keeping the official records of CLEAR;
(b) distributing meeting notices and such other documents and materials as are required for the operation and functioning of CLEAR, including the distribution of notices of meetings of the Board of Directors to all members and associates at least 21 days in advance of the scheduled date of such meetings;
(c) responding to the information requests of members and associates;
(d) staffing and conducting CLEAR projects and other activities approved by the Board of Directors;
(e) responding to questions regarding eligibility for associate or regular membership in CLEAR and any corresponding dues or fees;
(f) conducting the day-to-day business operations of CLEAR, including the direct supervision and management of other staff assigned to CLEAR;
(g) implementing the policies and directives of the Board of Directors; and
(h) performing such other duties as may be assigned by the Board of Directors.
ARTICLE VI
CommitteesSection 1. CLEAR shall include various standing committees, which have such duties and powers as specified in this Article:
(a) all committee meetings shall be open unless otherwise directed by the Board for good cause; and
(b) except as set forth in these Bylaws, the chair of each committee may appoint sub-committees for a period no longer than the membership year to work on special projects related to the purpose of the committee.Section 2. The Program Committee shall consist of regular and associate members. The Program Committee shall be organized into subcommittees whose members shall be appointed by the President. The functions of the Program Committee are, subject to review by the Board of Directors, to:
(a) develop and present the program of the annual meeting;
(b) perform such other functions relating to the structure, goals and purposes of conferences as may be assigned by the Board of Directors; and
(c) develop and present program-related projects as assigned by the Board of Directors.Section 3. The Education and Training Committee shall consist of at least one person appointed from the Board of Directors and other members of CLEAR who are not members of the Board of Directors and shall include at least the following subcommittees: the National Certified Investigator and Inspector Training (NCIT) Subcommittee, Training and Development Subcommittee, International Relations Subcommittee and the Publications Subcommittee. The functions of the Education and Training Committee are to:
(a) make recommendations to the Board of Directors regarding
(1) the structure and objectives of NCIT training
(2) the site selection of and marketing strategy for NCIT training;
(3) subject to Article VI, Section 4(c), the program costs, content, instructor and participant certification for NCIT training;
(4) subject to Article VI, section 4(c), the administration of the NCIT program;
(5) the development and implementation of other CLEAR training programs; and
(6) current publications, newsletters and other forms of communication for CLEAR;(b) serve as an advisory committee to the Executive Director for CLEAR News and any other newsletter for CLEAR;
(c) review and recommend the development of various publications as may be appropriate for CLEAR;
(d) make recommendations for promoting and facilitating communication among CLEAR members and with other interested organizations and individuals; and
e) provide development support for CLEAR educational offerings, excluding the NCIT program and the annual conference.Section 4. The Examination Resources and Advisory Committee shall consist of at least one person appointed from the Board of Directors and other members of CLEAR. The functions of the committee are to:
(a) provide examination guidance and assistance to other CLEAR committees and the membership of CLEAR as requested;
(b) develop and publish examination guidelines and other materials which would meet the needs of CLEAR members, subject to Article VI, Section 4(c); and
(c) promote the development of examination standards, policies and procedures.Section 5. The members of each standing committee shall serve for one year or until their successors have been designated.
Section 6. Each committee chairperson or designee shall provide a report in the prescribed format regarding the activities of the committee to the Board of Directors during the annual and mid-year business meetings.
ARTICLE VII
MeetingsSection 1. An annual meeting of CLEAR shall be held at the time and place designated by the Board of Directors.
Section 2. Special meetings of the Board of Directors may be called by the President or a majority vote of the Board of Directors.
Section 3. At any annual or special meeting of the Board of Directors a quorum for the transaction of business shall consist of a majority of the empaneled Board of Directors members. A simple majority of the members present shall decide all votes except where otherwise stated in these Bylaws. No proxies are permitted for Board of Directors meetings.
Section 4. Board of Directors meetings shall be open. The Board of Directors may move to go into closed session by a motion specifying the purpose of the session and a three-fourths roll call vote. Closed session items shall be limited to: personnel matters, board member removal, pending or current litigation, or contracts. Such persons as may be necessary for the conduct of the session may be authorized to attend. Any action of the Board arising from closed session discussions shall be voted on in open session.
Section 5. Except as otherwise specified in these Bylaws, all meetings shall be conducted in accordance with Robert's Rules of Order, Revised.
ARTICLE VIII
AmendmentsSection 1. Written notice of the subject matter of any bylaws revision shall be given to the membership for comment a minimum of thirty days prior to the action taken by the Board of Directors. The Bylaws and any amendments thereto may be adopted, altered, amended, added to or repealed at any meeting of the Board of Directors by the three-fourths vote of members present. Written notice of any proposed changes to the Bylaws and amendments shall be given to the Board of Directors no later than 21 days preceding the date upon which the vote to adopt, alter, add to or repeal will be taken.
ARTICLE IX
Emergency ProcedureSection 1. Any article of these Bylaws to the contrary notwithstanding, emergency procedures as felt to be necessary for the continued well being of CLEAR may be effectuated by an affirmative recorded roll call vote of three-fourths of the Board of Directors membership to be voted on through a telephone conference call, mail ballot or meeting. Minutes of all actions taken under such emergency procedures must be mailed to the Board of Directors by staff or the President within five days after the date of the action and be submitted for approval at the next regular Board meeting.
CERTIFICATION
I hereby certify that the foregoing do constitute the duly adopted Bylaws of the Council on Licensure, Enforcement and Regulation as amended by the Board of Directors.
Pamela Lyons Brinegar
Executive Director, CLEAR