reglab/housing_qa huggingface dataset:
3 V.S.A. § 845
2021 Vermont Statutes|Title 3 - Executive|Chapter 25 - Administrative Procedure|§ 845. Effect of rules

§ 845. Effect of rules|(a) Rules shall be valid and binding on persons they affect and shall have the force of law unless amended or revised or unless a court of competent jurisdiction determines otherwise. Except as provided by subsections 842(c) and 844(e) of this title, rules shall be prima facie evidence of the proper interpretation of the matter to which they refer.(b) No agency shall grant routine waivers of or variances from any provisions of its rules without either amending the rules or providing by rule for a process and specific criteria under which the agency may grant a waiver or variance in writing. The duration of the waiver or variance may be temporary if the rule so provides.(c) Nothing in this chapter:  (1) allows rules to provide for penalties, fines or imprisonment not authorized by other law; (2) enlarges the authority of any agency to impose requirements on any member of the public; or (3) allows an agency by rule to require permits, licenses or fees or to define unprofessional conduct unless specifically authorized by other law.   (d) Rules adopted under this chapter shall take effect 15 days after adoption is complete or at a later time provided in the text of the rule or on its adopting page. However, an emergency rule shall take effect upon filing, or at a later time provided in the text of the rule or on its adopting page.(e) Rules shall remain in effect until:  (1) repealed or modified by subsequent rule; (2) limited or invalidated by a court; or (3) repealed or modified by statute. (Added 1981, No. 82, § 6; amended 1995, No. 61, § 3; 1995, No. 186 (Adj. Sess.), § 32, eff. May 22, 1996; 1999, No. 52, § 44; 2017, No. 156 (Adj. Sess.), § 2.)
3 V.S.A. § 846
2021 Vermont Statutes|Title 3 - Executive|Chapter 25 - Administrative Procedure|§ 846. Remedies for procedural failures

§ 846. Remedies for procedural failures|(a) The following shall prevent a rule from taking effect:  (1) failure to file with the Secretary of State; (2) failure to file with the Legislative Committee on Administrative Rules; (3) failure to file with the Interagency Committee on Administrative Rules; or (4) failure to respond to an objection of the Legislative Committee on Administrative Rules as required in section 842 of this title.   (b) The following shall not affect the validity of a rule after its adoption:  (1) inadvertent failure to make required assurances relating to an incorporation by reference; or (2) amendment after public hearing of the text of a proposed rule in a manner that does not cause the published summary of the rule to become misleading or inadequate; or (3) failure to certify that all procedures required by this chapter have been satisfied; or (4) failure to meet the style requirements of section 833 of this title; or (5) inadvertent failure to mail notice or copies of any rule.   (c) Failure to identify the creation or enlargement in scope of a Public Records Act exemption in accordance with subsection 838(b) or 841(b) of this title shall render invalid the provisions of the rule that create or enlarge the exemption.(d) For other violations of this chapter, the Court may fashion appropriate relief.(e) An action to contest the validity of a rule for noncompliance with any of the provisions of this chapter, other than those listed in subsections (a) and (c) of this section, must be commenced within one year after the effective date of the rule. (Added 1981, No. 82, § 6; amended 1995, No. 61 § 4; 2001, No. 149 (Adj. Sess.), § 53, eff. June 27, 2002; 2015, No. 3, § 3.)
3 V.S.A. § 847
2021 Vermont Statutes|Title 3 - Executive|Chapter 25 - Administrative Procedure|§ 847. Availability of adopted rules; rules by Secretary of State

§ 847. Availability of adopted rules; rules by Secretary of State|(a) Availability from agency. An agency shall make each rule it has finally adopted available to the public online and for physical inspection and copying. Online, the agency shall post its adopted rules on a separate web page that is readily accessible from a prominent link on its main web page, that lists adopted rules by title and topic, and that is searchable.(b) Register; code.  (1) The Secretary of State (Secretary) shall keep open to public inspection a permanent register of rules. The Secretary may satisfy this requirement by incorporating the register into the centralized rule system created pursuant to section 818 of this title. (2) The Secretary shall publish a code of administrative rules that contains the rules adopted under this chapter. The requirement to publish a code shall be considered satisfied if a commercial publisher offers such a code in print at a competitive price and at no charge online. However, if the Secretary establishes the centralized rule system under section 818 of this title as a digital system, then the system shall include the online publication of this code.   (c) Rules for administration. The Secretary of State shall adopt rules for the effective administration of this chapter. These rules shall be applicable to every agency and shall include uniform procedural requirements, style, appropriate forms, and a system for compiling and indexing rules. (Added 1981, No. 82, § 6; amended 1995, No. 61, § 5; 2013, No. 142 (Adj. Sess.), § 10; 2015, No. 131 (Adj. Sess.), § 19; 2015, No. 169 (Adj. Sess.), § 11; 2017, No. 156 (Adj. Sess.), § 2.)
3 V.S.A. § 848
2021 Vermont Statutes|Title 3 - Executive|Chapter 25 - Administrative Procedure|§ 848. Rules repeal; amendment of authority; notice by agency

§ 848. Rules repeal; amendment of authority; notice by agency|(a) Repeal by operation of law. A rule shall be repealed without formal proceedings under this chapter if:  (1) the agency that adopted the rule is abolished and its authority, specifically including its authority to implement its existing rules, has not been transferred to another agency; (2) a court of competent jurisdiction has declared the rule to be invalid; or (3) the statutory authority for the rule, as stated by the agency under subdivision 838(a)(10) of this title, is repealed by the General Assembly or declared invalid by a court of competent jurisdiction.   (b) Notice to Secretary of State; deletion. When a rule is repealed by operation of law under this section, the agency that adopted the rule shall notify the Secretary of State in such manner as the Secretary may prescribe by rule or procedure, and the Secretary shall delete the rule from the published code of administrative rules.(c) Repeal for nonpublication.  (1) On July 1, 2018, a rule shall be repealed without formal proceedings under this chapter if:  (A) as of July 1, 2016, the rule was in effect but not published in the code of administrative rules; and (B) the rule is not published in such code before July 1, 2018.  (2) An agency seeking to publish a rule described in subdivision (1) of this subsection may submit a digital copy of the rule to the Secretary of State with proof acceptable to the Secretary that as of July 1, 2016 the rule was adopted and in effect under this chapter and the digital copy consists of the text of such rule without change.   (d) Amendment of authority for rule.  (1) If the statutory authority for a rule, as stated by the agency under subdivision 838(a)(10) of this title, is amended by the General Assembly, and the amendment does not transfer authority from the adopting agency to another agency, the agency within 30 days following the effective date of the statutory amendment shall review the rule and make a written determination as to whether the statutory amendment repeals the authority upon which the rule is based or requires revision of the rule and shall submit a copy of this written determination to the Secretary of State and the Legislative Committee on Administrative Rules, in such manner as the Secretary may prescribe by rule or procedure. (2) If the statutory authority for a rule, as stated by the agency under subdivision 838(a)(10) of this title, is transferred by act of the General Assembly to another agency, the agency to which the authority is transferred shall provide notice of the transfer, in such manner as the Secretary of State may prescribe by rule or procedure, within 30 days following the effective date of the statutory amendment, to the Secretary and the Legislative Committee on Administrative Rules. (Added 1983, No. 202 (Adj. Sess.), § 2, eff. April 26, 1984; amended 2015, No. 169 (Adj. Sess.), § 12; 2017, No. 156 (Adj. Sess.), § 2; 2019, No. 14, § 4, eff. April 30, 2019.)
3 V.S.A. § 901
2021 Vermont Statutes|Title 3 - Executive|Chapter 27 - State Employees Labor Relations Act|§ 901. Purpose

§ 901. Purpose|It is the purpose and policy of this chapter to prescribe the legitimate rights of both State employees and the State of Vermont and of Vermont State Colleges and the University of Vermont in their relations with each other, to provide orderly and peaceful procedures for preventing the interference by either with the legitimate rights of the other, to protect the rights of individual employees in their relations with labor organizations, to define and proscribe practices on the part of labor, the State of Vermont, the Vermont State Colleges, and the University of Vermont which are harmful to the general welfare, and to protect the rights of the public in connection with labor disputes. (Added 1969, No. 113, § 1; amended 1987, No. 177 (Adj. Sess.), § 1.)
3 V.S.A. § 903
2021 Vermont Statutes|Title 3 - Executive|Chapter 27 - State Employees Labor Relations Act|§ 903. Employees' rights and duties; prohibited acts

§ 903. Employees' rights and duties; prohibited acts|(a) Employees shall have the right to self-organization; to form, join, or assist employee organizations; to bargain collectively through representatives of their own choice, and to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection, and shall also have the right to refrain from any or all such activities, except as provided in subsections (b) and (c) of this section, and to appeal grievances as provided in this chapter.(b) A State employee may not strike or recognize a picket line of an employee or labor organization while in the performance of his or her official duties.(c) An employee who exercises the right not to join the employee organization representing the employee's collective bargaining unit shall pay the collective bargaining service fee to the representative of the bargaining unit in the same manner as employees who pay membership fees to the representative. The employee organization shall indemnify and hold the employer harmless from any and all claims stemming from the implementation or administration of the collective bargaining service fee. Nothing in this section shall require an employer to discharge an employee who does not pay the collective bargaining service fee.(d) All employers, their officers, agents, and employees or representatives shall exert every reasonable effort to make and maintain agreements concerning matters allowable under section 904 of this title and to settle all disputes, whether arising out of the application of those agreements or growing out of any dispute between the employer and the employees thereof.(e) Employees who are members of the employee organization shall have the right to automatic membership dues deductions. Upon receipt of a signed authorization to commence automatic membership dues deductions from an employee, the employer shall, as soon as practicable and in any event, not later than 30 calendar days after receiving the authorization, commence withholding from the employee's wages the amount of membership dues certified by the employee organization. The employer shall transmit the amount withheld to the employee organization on the same day as the employee is paid. Nothing in this subsection shall be construed to require a member of an employee organization to participate in automatic dues deduction. (Added 1969, No. 113, § 1; amended 1971, No. 193 (Adj. Sess.), § 6; 1993, No. 227 (Adj. Sess.), § 28; 2013, No. 37, § 2; 2019, No. 180 (Adj. Sess.), § 4, eff. Jan. 1, 2021.)
3 V.S.A. § 904
2021 Vermont Statutes|Title 3 - Executive|Chapter 27 - State Employees Labor Relations Act|§ 904. Subjects for bargaining

§ 904. Subjects for bargaining|(a) All matters relating to the relationship between the employer and employees shall be the subject of collective bargaining except those matters that are prescribed or controlled by statute. The matters appropriate for collective bargaining to the extent they are not prescribed or controlled by statute include:  (1) wages, salaries, benefits, and reimbursement practices relating to necessary expenses and the limits of reimbursable expenses; (2) minimum hours per week; (3) working conditions; (4) overtime compensation and related matters; (5) leave compensation and related matters; (6) reduction-in-force procedures; (7) grievance procedures, including whether an appeal to the Vermont Labor Relations Board or binding arbitration, or both, will constitute the final step in a grievance procedure; (8) terms of coverage and amount of employee financial participation in insurance programs, except that the Department of State's Attorneys and Sheriffs and the deputy State's Attorneys and other employees of the State's Attorneys' offices shall not bargain in relation to terms of coverage; (9) rules for personnel administration, except the following: rules relating to persons exempt from the classified service under section 311 of this title and rules relating to applicants for employment in State service and employees in an initial probationary status, including any extension or extensions thereof, provided the rules are not discriminatory by reason of an applicant's race, color, creed, sex, national origin, sexual orientation, gender identity, ancestry, place of birth, age, or physical or mental condition; and (10) the manner in which to enforce an employee's obligation to pay the collective bargaining service fee.   (b) This chapter shall not be construed to be in derogation of or contravene the spirit and intent of the merit system principles and the personnel laws. (Added 1969, No. 113, § 1; amended 1971, No. 193 (Adj. Sess.), § 7, eff. April 3, 1972; 1977, No. 109, § 5; 1993, No. 227 (Adj. Sess.), § 29; 2013, No. 37, § 3; 2015, No. 35, § 2, eff. May 26, 2015; 2017, No. 81, § 4, eff. June 15, 2017.)
3 V.S.A. § 905
2021 Vermont Statutes|Title 3 - Executive|Chapter 27 - State Employees Labor Relations Act|§ 905. Management rights

§ 905. Management rights|(a) The Governor or designee for the State of Vermont, the Chancellor or designee for the Vermont State Colleges, the President or designee for the University of Vermont, and the Executive Director or designee for the Department of State's Attorneys and Sheriffs shall act as the employer representatives in collective bargaining negotiations and administration. The representative shall be responsible for ensuring consistency in the terms and conditions in various agreements throughout the State service and ensuring compatibility with merit system statutes and principles and shall not agree to any terms or conditions for which there are not adequate funds available.(b) Subject to rights guaranteed by this chapter and subject to all other applicable laws, rules, and regulations, nothing in this chapter shall be construed to interfere with the right of the employer to:  (1) carry out the statutory mandate and goals of the agency, or of the Colleges, and to utilize personnel, methods, and means in the most appropriate manner possible; (2) with the approval of the Governor, take whatever action may be necessary to carry out the mission of the agency in an emergency situation. (Added 1969, No. 113, § 1; amended 1987, No. 177 (Adj. Sess.), § 3; 2017, No. 81, § 5, eff. June 15, 2017.)
3 V.S.A. § 906
2021 Vermont Statutes|Title 3 - Executive|Chapter 27 - State Employees Labor Relations Act|§ 906. Designation of managerial, supervisory, and confidential employees

§ 906. Designation of managerial, supervisory, and confidential employees|(a) The Commissioner of Human Resources shall determine those positions in the classified service whose incumbents the Commissioner believes should be designated as managerial, supervisory, or confidential employees. Any disputes arising from the determination shall be finally resolved by the Board.(b) The Executive Director of the Department of State's Attorneys and Sheriffs may determine positions in the State's Attorneys' offices whose incumbents the Executive Director believes should be designated as managerial, supervisory, or confidential employees. Any disputes arising from the determination shall be finally resolved by the Board. (Added 1971, No. 193 (Adj. Sess.), § 18, eff. April 3, 1972; amended 1977, No. 109, § 5a, eff. July 3, 1977; 2003, No. 156 (Adj. Sess.), § 15; 2017, No. 81, § 6, eff. June 15, 2017.)
3 V.S.A. § 907
2021 Vermont Statutes|Title 3 - Executive|Chapter 27 - State Employees Labor Relations Act|§ 907. Designation of supervisory employees

§ 907. Designation of supervisory employees|Classified employees in the management unit certified by the Board, who are determined to be supervisory employees as defined by section 902 of this title and who are not determined to be managerial or confidential employees as defined by section 902 of this title, shall remain members of that unit, which shall hereinafter be referred to as the "supervisory" unit. Employees who are determined to be supervisory employees under the provisions of section 906 of this title shall become members of the supervisory unit. A representative election shall not be required as a result of this change. (Added 1971, No. 193 (Adj. Sess.), § 19, eff. April 3, 1972; amended 1977, No. 109, § 5b, eff. July 3, 1977.)
3 V.S.A. § 908
2021 Vermont Statutes|Title 3 - Executive|Chapter 27 - State Employees Labor Relations Act|§ 908. Designation of State's Attorneys' employees; statewide bargaining rights

§ 908. Designation of State's Attorneys' employees; statewide bargaining rights|Employees of the State's Attorneys' offices shall be part of one or more statewide bargaining units, as determined to be appropriate by the Board pursuant to sections 927 and 941 of this title, for the purpose of bargaining collectively pursuant to this chapter. (Added 2017, No. 81, § 7, eff. June 15, 2017.)
3 V.S.A. § 909
2021 Vermont Statutes|Title 3 - Executive|Chapter 27 - State Employees Labor Relations Act|§ 909. Access to new employees in bargaining unit

§ 909. Access to new employees in bargaining unit|(a) An employer shall provide the employee organization that is the exclusive representative of the employees in a bargaining unit with an opportunity to meet with each newly hired employee in the bargaining unit to present information about the employee organization.(b)(1) The meeting shall occur during the new employee's orientation or, if the employer does not conduct an orientation for newly hired employees, within 30 calendar days from the date on which the employee was hired.  (2) If the meeting is not held during the new employee's orientation, it shall be held during the new employee's regular work hours and at his or her regular worksite or a location mutually agreed to by the employer and the employee organization. (3) The employee organization shall be permitted to meet with the employee for not less than 60 minutes. (4) The employee shall be paid for attending the meeting at his or her regular rate of pay.   (c)(1) Within 10 calendar days after hiring a new employee in a bargaining unit, the employer shall provide the employee organization with his or her name, job title, worksite location, work telephone number and e-mail address, home address, personal e-mail address, home and personal cellular telephone numbers, and date of hire to the extent that the employer is in possession of such information.  (2) The employee's home address, personal e-mail address, and home and personal cellular telephone numbers shall be kept confidential by the employer and the employee organization and shall be exempt from copying and inspection under the Public Records Act.   (d) The employer shall provide the employee organization with not less than 10 calendar days' notice of an orientation for newly hired employees in a bargaining unit. (Added 2019, No. 180 (Adj. Sess.), § 10, eff. Jan. 1, 2021.)
3 V.S.A. § 910
2021 Vermont Statutes|Title 3 - Executive|Chapter 27 - State Employees Labor Relations Act|§ 910. Annual list of employees in bargaining unit

§ 910. Annual list of employees in bargaining unit|(a) Annually, or on a more frequent basis if mutually agreed to by the employer and the employee organization, the employer shall provide the employee organization that is the exclusive representative of a bargaining unit with a list of all employees in that bargaining unit.(b) The list shall include, as appropriate, each employee's name, work location, job classification, and contact information. As used in this section, "contact information" includes an employee's home address, personal e-mail address, and home and personal cellular telephone numbers to the extent that the employer is in possession of such information.(c) To the extent possible, the list shall be in alphabetical order by last name and provided in electronic format.(d) The list shall be kept confidential by the employer and the employee organization and shall be exempt from copying and inspection under the Public Records Act. (Added 2019, No. 180 (Adj. Sess.), § 14, eff. Jan. 1, 2021.)
3 V.S.A. § 922
2021 Vermont Statutes|Title 3 - Executive|Chapter 27 - State Employees Labor Relations Act|§ 922. Office space; employees

§ 922. Office space; employees|(a) The Secretary of Administration shall, upon request by the State Labor Relations Board, allow the Board the responsible use of public buildings under his or her control and furnish heat, light and furniture for any meeting or hearing called by the Board.(b) The Board may employ such employees and agents as it deems necessary, and may employ a reporter for taking and transcribing testimony in hearing before it. (Added 1969, No. 113, § 1; amended 1975, No. 152 (Adj. Sess.), § 3.)
3 V.S.A. § 923
2021 Vermont Statutes|Title 3 - Executive|Chapter 27 - State Employees Labor Relations Act|§ 923. Legal counsel

§ 923. Legal counsel|The Board may retain an attorney or attorneys qualified in labor law to represent it in all matters under this chapter. (Added 1969, No. 113, § 1.)