reglab/housing_qa huggingface dataset:
3 V.S.A. § 129b
2021 Vermont Statutes|Title 3 - Executive|Chapter 5 - Secretary of State|§ 129b. Board member and advisor appointments

§ 129b. Board member and advisor appointments|(a) Notwithstanding any provision of law to the contrary relating to terms of office and appointments for members of boards attached to the Office of Professional Regulation, all board members appointed by the Governor shall be appointed for staggered five-year terms and shall serve at the pleasure of the Governor. Appointments under this section shall not be subject to the advice and consent of the Senate. The Governor may remove any member of a board as provided in section 2004 of this title. Vacancies created other than by expiration of a term shall be filled in the same manner that the initial appointment was made for the unexpired portion of the term. Terms shall begin on January 1 of the year of appointment and run through December 31 of the last year of the term. The Governor may request nominations from any source but shall not be bound to select board members from among the persons nominated. As provided in section 2004 of this title, board members shall hold office and serve until a successor has been appointed.(b) Board members shall not serve more than two consecutive terms. Members appointed to fill a vacancy created before the end of a term shall not be deemed to have served a term for purposes of this section.(c) Boards shall meet annually, in September or the first meeting scheduled thereafter, to elect a chair, vice chair, and secretary.(d) Meetings may be called by the chair or shall be called upon the request of any other two board members.(e) Meetings shall be warned and conducted in accordance with 1 V.S.A. chapter 5, the Open Meeting Law.(f) Notwithstanding any provisions of law to the contrary, board members and advisors for all professions attached to the Office of Professional Regulation shall be entitled to compensation, at a rate provided in 32 V.S.A. § 1010 , for performance of official duties and other duties directly related to the efficient conduct of necessary business of a board or the Office.(g) For advisor professions:  (1) Advisors shall be appointed by the Secretary of State and shall serve at the pleasure of the Secretary of State. Advisor appointments shall be subject to the same conditions as those for board members under this section. (2) The Office shall warn and conduct an open meeting including advisors, program staff, and interested members of the public:  (A) at least once per year for each profession with 500 or fewer active licensees; and (B) at least twice per year for each profession with more than 500 active licensees. (Added 1997, No. 40, § 6; amended 1997, No. 145 (Adj. Sess.), §§ 3, 5; 2005, No. 27, § 6; 2007, No. 29, § 2; 2019, No. 30, § 5.)
3 V.S.A. § 130a
2021 Vermont Statutes|Title 3 - Executive|Chapter 5 - Secretary of State|§ 130a. Appeals

§ 130a. Appeals|(a)(1) A party aggrieved by a final decision of a board or administrative law officer may, within 30 days of the decision, appeal that decision by filing a notice of appeal with the Director who shall assign the case to an appellate officer.  (2)(A) The review shall be conducted on the basis of the record created before the board or administrative law officer.  (B) In cases of alleged irregularities in procedure before the board or administrative law officer, not shown in the record, proof on that issue may be taken by the appellate officer.    (b) The appellate officer shall not substitute his or her judgment for that of the board or administrative law officer as to the weight of the evidence on questions of fact. The appellate officer may affirm the decision, or may reverse and remand the matter with recommendations if substantial rights of the appellant have been prejudiced because the board's or administrative law officer's finding, inferences, conclusions, or decisions are:  (1) in violation of constitutional or statutory provisions; (2) in excess of the statutory authority of the board or administrative law officer; (3) made upon unlawful procedure; (4) affected by other error of law; (5) clearly erroneous in view of the evidence on the record as a whole; (6) arbitrary or capricious; or (7) characterized by abuse of discretion or clearly unwarranted exercise of discretion.   (c) A party aggrieved by a decision of the appellate officer may appeal to the Supreme Court, which shall review the matter on the basis of the records created before the board or administrative law officer and the appellate officer. (Added 1993, No. 108 (Adj. Sess.), § 23, eff. Feb. 16, 1994; amended 2015, No. 167 (Adj. Sess.), § 5; 2017, No. 48, § 5.)
3 V.S.A. § 131
2021 Vermont Statutes|Title 3 - Executive|Chapter 5 - Secretary of State|§ 131. Accessibility and confidentiality of disciplinary matters

§ 131. Accessibility and confidentiality of disciplinary matters|(a) It is the purpose of this section both to protect the reputation of licensees from public disclosure of unwarranted complaints against them, and to fulfill the public's right to know of any action taken against a licensee when that action is based on a determination of unprofessional conduct.(b) All meetings and hearings of boards shall be subject to the Open Meeting Law.(c) The Secretary of State, through the Office of Professional Regulation, shall prepare and maintain a register of all complaints, which shall be a public record and which shall show:  (1) with respect to all complaints, the following information:  (A) the date and the nature of the complaint, but not including the identity of the licensee; and (B) a summary of the completed investigation; and  (2) only with respect to complaints resulting in filing of disciplinary charges or stipulations or the taking of disciplinary action, the following additional information:  (A) the name and business addresses of the licensee and complainant; (B) formal charges, provided that they have been served or a reasonable effort to serve them has been made, and all subsequent pleadings filed by the parties; (C) the findings, conclusions, rulings, and orders of the board or administrative law officer; (D) the transcript of the hearing, if one has been made, and exhibits admitted at the hearing; (E) stipulations filed with the board or administrative law officer; and (F) final disposition of the matter by the appellate officer or the courts.    (d) Neither the Secretary nor the Office shall make public any other information regarding unprofessional conduct complaints, investigations, proceedings, and related records except the information required to be released under this section.(e) The discovery rules for conduct complaints shall apply to and govern the provision of investigatory files to those charged with unprofessional conduct.(f) As used in this section, "disciplinary action" means an action based on a finding of unprofessional conduct that suspends, revokes, limits, or conditions a license in any way, including administrative penalties, warnings, and reprimands.(g) Nothing in this section shall prohibit the disclosure of any information regarding unprofessional conduct complaints, or investigations thereof, in response to an order from a court of competent jurisdiction, or to State or federal law enforcement or regulatory agencies, provided the receiving agency or department:  (1) agrees to maintain the confidentiality and privileged status of the information as provided in subsection (d) of this section; and (2) has jurisdiction over the subject matter in question. (Added 1989, No. 250 (Adj. Sess.), § 1; amended 1997, No. 40, § 8; 1999, No. 52, § 3; 2001, No. 151 (Adj. Sess.), § 3, eff. June 27, 2002; 2003, No. 60, § 3; 2005, No. 174 (Adj. Sess.), § 1; 2011, No. 78 (Adj. Sess.), § 2, eff. April 2, 2012; 2015, No. 38, § 4, eff. May 28, 2015; 2017, No. 48, § 6.)
3 V.S.A. § 132
2021 Vermont Statutes|Title 3 - Executive|Chapter 5 - Secretary of State|§ 132. Board quorums

§ 132. Board quorums|Except as otherwise provided by law, a majority of the members of a board constitutes a quorum for transacting business, and all action shall be taken upon a majority vote of board members present and voting. (Added 2005, No. 27, § 8.)
3 V.S.A. § 133
2021 Vermont Statutes|Title 3 - Executive|Chapter 5 - Secretary of State|§ 133. Business registration

§ 133. Business registration|When professional services are required by law to be performed in or by a business entity registered with the Office, the business entity shall:  (1) register with the Corporations Division of the Office of the Secretary of State, if required by law; and (2) separately register with the Office each name under which the business entity will conduct business, register licensees, and advertise in Vermont. (Added 2015, No. 38, § 5, eff. May 28, 2015.)
3 V.S.A. § 134
2021 Vermont Statutes|Title 3 - Executive|Chapter 5 - Secretary of State|§ 134. License renewal

§ 134. License renewal|(a) A license expires if not renewed biennially on a schedule assigned by the Office, or in the case of a provisional or temporary license, on the date assigned by the Office.(b) Practice with an expired license is unlawful and exposes a practitioner to the penalties set forth in section 127 of this chapter. (Added 2017, No. 144 (Adj. Sess.), § 7.)
3 V.S.A. § 135
2021 Vermont Statutes|Title 3 - Executive|Chapter 5 - Secretary of State|§ 135. Uniform standard for renewal following extended absence

§ 135. Uniform standard for renewal following extended absence|(a) Notwithstanding any provision of law to the contrary, when an applicant seeks to renew an expired or lapsed license after fewer than five years of absence from practice, readiness to practice shall be inferred from completion of any continuing education that would have been required if the applicant had maintained continuous licensure, or by any less burdensome showing set forth in administrative rules specific to the profession or permitted by the Director.(b) When an applicant seeks to renew an expired or lapsed license after five or more years of absence from practice, the Director may, notwithstanding any provision of law to the contrary and as appropriate to ensure the continued competence of the applicant, determine that the applicant has either:  (1) demonstrated retention of required professional competencies and may obtain an unencumbered license; or (2) not demonstrated retention of all required professional competencies and should be reexamined or required to reapply in like manner to a new applicant.   (c) The Director may consult with a relevant board or advisor appointees for guidance in assessing continued competence under this section. (Added 2017, No. 144 (Adj. Sess.), § 8; amended 2019, No. 30, § 6.)
3 V.S.A. § 136
2021 Vermont Statutes|Title 3 - Executive|Chapter 5 - Secretary of State|§ 136. Uniform continuing education evaluation; sunset review

§ 136. Uniform continuing education evaluation; sunset review|(a) If continuing education is required by law or rule, the Office shall apply uniform standards and processes that apply to all professions regulated by the Office for the assessment and approval or rejection of continuing education offerings, informed by profession-specific policies developed in consultation with relevant boards and advisor appointees.(b)(1) Not less than once every five years, each profession attached to the Office shall review its continuing education or other continuing competency requirements. The review results shall be in writing and address the following:   (A) the renewal requirements of the profession; (B) the renewal requirements in other jurisdictions, particularly in the Northeast region; (C) the cost of the renewal requirements for the profession's licensees; (D) an analysis of the utility and effectiveness of the renewal requirements with respect to public protection; and (E) recommendations to the Director on whether the continuing education or other continuing competency requirements should be modified.  (2) The Director shall respond to the profession within 45 days of its submitted review results. The Director may require a profession to reduce, modify, or otherwise change the renewal requirements, including by proposing any necessary amendments to statute or rule. (Added 2017, No. 144 (Adj. Sess.), § 9; amended 2019, No. 152 (Adj. Sess.), § 3, eff. April 1, 2021.)
3 V.S.A. § 136a
2021 Vermont Statutes|Title 3 - Executive|Chapter 5 - Secretary of State|§ 136a. Uniform process for endorsement from other states

§ 136a. Uniform process for endorsement from other states|(a) Notwithstanding any statute or rule to the contrary and except as provided in subsection (b) of this section, all professions attached to the Office shall have an endorsement process that requires not more than three years of practice in good standing in another jurisdiction within the United States, regardless of whether that jurisdiction has licensing requirements substantially similar to those of this State.(b) Any profession determining that three years of demonstrated practice in another jurisdiction is not adequately protective of the public shall provide its rationale to the Director, who may propose any necessary statutory or rule amendments in order to implement more restrictive requirements for endorsement.(c) The Director may issue to an endorsement applicant a waiver of the profession's practice requirement if there is a showing that the waiver follows State policy and the public is adequately protected. (Added 2019, No. 152 (Adj. Sess.), § 4, eff. April 1, 2021; amended 2021, No. 69, § 18, eff. June 8, 2021.)
3 V.S.A. § 137
2021 Vermont Statutes|Title 3 - Executive|Chapter 5 - Secretary of State|§ 137. Uniform process for foreign credential verification

§ 137. Uniform process for foreign credential verification|(a) The Director shall adopt rules that prescribe a process for the Director to assess the equivalence of an applicant's professional credentials earned outside the United States as compared to State licensing requirements for those professions attached to the Office that do not have laws addressing the verification and recognition of such credentials.(b) Any determination of equivalence by the Director under this section shall be recorded in the applicant's licensing file and shall be binding upon the relevant State board or regulatory program.(c) In administering this section, the Director may rely upon third-party credential verification services. The cost of such services shall be paid by the applicant.(d) The provisions relating to preliminary license denials set forth in subsection 129(e) of this subchapter shall apply to a license application that is preliminarily denied for nonequivalence under this section. (Added 2019, No. 10, § 1, eff. April 30, 2019.)
3 V.S.A. § 138
2021 Vermont Statutes|Title 3 - Executive|Chapter 5 - Secretary of State|§ 138. Required education for specified licensees; State energy goals

§ 138. Required education for specified licensees; State energy goals|(a) The following licensees are required to complete the education module regarding the State's energy goals as described in this section:  (1) architects licensed under 26 V.S.A. chapter 3; (2) landscape architects licensed under 26 V.S.A. chapter 46; (3) pollution abatement facility operators licensed under 26 V.S.A. chapter 99; (4) potable water supply and wastewater system designers licensed under 26 V.S.A. chapter 97; (5) professional engineers licensed under 26 V.S.A. chapter 20; (6) property inspectors licensed under 26 V.S.A. chapter 19; (7) real estate appraisers licensed under 26 V.S.A. chapter 69; and (8) real estate brokers and salespersons licensed under 26 V.S.A. chapter 41.   (b) The Office shall require each of the licensees described in subsection (a) of this section to complete an education module regarding the State's energy goals and how each licensee's specific profession can further those goals.  (1) The education module shall be not more than two hours and shall be required as a condition of initial licensure and each license renewal. The module shall include education on any State or utility incentives relevant to the profession.  (A) The education module for initial licensure shall provide general information regarding the State's energy goals. (B) The education module for license renewal shall provide any updates on the State's energy goals and any updates regarding corresponding State energy programs applicable to the profession.  (2) The Office shall consider any recommendations on these education modules provided by relevant stakeholders and approve education modules in consultation with the Agency of Natural Resources and the Department of Public Service for all the licensees set forth in subsection (a) of this section and in consultation with the Department of Taxes for real estate appraisers and real estate brokers and sales persons. (Added 2019, No. 178 (Adj. Sess.), § 33, eff. July 1, 2021.)
3 V.S.A. § 151
2021 Vermont Statutes|Title 3 - Executive|Chapter 7 - Attorney General|§ 151. Election and term

§ 151. Election and term|An Attorney General shall be elected at the same time and in the same manner as provided for the election of other State officers. He or she shall be sworn to the faithful discharge of his or her duties. His or her term of office shall commence when his or her election is declared by the committee appointed by the Senate and House of Representatives to canvass the votes, agreeably with 17 V.S.A. § 2592, or when elected by the General Assembly pursuant to said section, and continue for a term of two years.
3 V.S.A. § 152
2021 Vermont Statutes|Title 3 - Executive|Chapter 7 - Attorney General|§ 152. Scope of authority

§ 152. Scope of authority|The Attorney General may represent the State in all civil and criminal matters as at common law and as allowed by statute. The Attorney General shall also have the same authority throughout the State as a State's Attorney. The Attorney General shall represent members of the General Assembly in all civil matters arising from or relating to the performance of legislative duties. (Amended 1969, No. 266 (Adj. Sess.), § 1, eff. April 8, 1970; 2018, No. 11 (Sp. Sess.), § E.200.2.)
3 V.S.A. § 153
2021 Vermont Statutes|Title 3 - Executive|Chapter 7 - Attorney General|§ 153. General powers; deputy, assistants

§ 153. General powers; deputy, assistants|(a) The Attorney General shall have the general supervision of criminal prosecutions, shall consult with and advise the State's Attorneys in matters relating to the duties of their office, and shall assist them by attending the grand jury in the examination of any cause or in the preparation of indictments and informations when, in his or her judgment, the interests of the State require it.(b) The Attorney General may appoint a Deputy Attorney General with the approval of the Governor, remove him or her at pleasure, and be responsible for his or her acts. Such deputy shall perform such duties as the Attorney General shall direct, and in the absence or disability of the Attorney General perform the duties of the Attorney General. In case a vacancy occurs in the Office of Attorney General, such deputy shall assume and discharge the duties of such office until such vacancy is filled. Such appointment shall be in writing and be recorded in the Office of the Secretary of State. Such Deputy Attorney General shall take the oath required by the constitution, shall be an informing officer and have the same authority throughout the State in civil or criminal matters as State's Attorneys have in their respective counties.(c) The Attorney General may appoint such Assistant Attorneys General and Special Assistant Attorneys General as may be necessary for the proper and efficient performance of his or her department, and with the approval of the Governor, fix their pay, remove them at pleasure and be responsible for their acts. They shall have the same obligations, power and authority as the Deputy Attorney General except those relating to the absence or disability of the Attorney General and vacancy in the Office of Attorney General. Their appointments and the revocation thereof shall be in writing and recorded in the Office of the Secretary of State. All Assistant Attorneys General and Special Assistant Attorneys General shall be attorneys at law. (Amended 1965, No. 44, § 1, eff. May 5, 1965; 1965, No. 125, § 15, eff. July 2, 1965; 1979, No. 59, § 13.)
3 V.S.A. § 154
2021 Vermont Statutes|Title 3 - Executive|Chapter 7 - Attorney General|§ 154. Assistance

§ 154. Assistance|In the investigation and preparation for presentation to, or trial before, any court or tribunal of any cause or matter in which the State is a party or is interested, the Attorney General may employ such persons as in the Attorney General's judgment the public good requires, to search out, procure, and prepare evidence, and the Commissioner of Finance and Management shall issue warrants therefor. An investigator who has successfully completed a course of training under 20 V.S.A. chapter 151 shall have the same powers as sheriffs in criminal matters and the enforcement of the law and in serving criminal process, and shall have all the immunities and matters of defense now available or hereafter made available to sheriffs in a suit brought against them in consequence for acts done in the course of their employment. (Amended 1983, No. 195 (Adj. Sess.), § 5(b); 1989, No. 297 (Adj. Sess.), § 3.)
3 V.S.A. § 155
2021 Vermont Statutes|Title 3 - Executive|Chapter 7 - Attorney General|§ 155. Legal assistant

§ 155. Legal assistant|(a) The Attorney General may appoint a legal assistant, such appointment to be made pursuant to the laws regarding personnel classification, selection and compensation.(b) The appointment of a legal assistant shall be in addition to other appointments which the Attorney General is authorized to make.
3 V.S.A. § 156
2021 Vermont Statutes|Title 3 - Executive|Chapter 7 - Attorney General|§ 156. Duties

§ 156. Duties|Such legal assistant shall perform such duties as the Attorney General directs and may appear in the trial or hearing of any civil or criminal cause in any court of the State on behalf of the Attorney General. Before assuming his or her duties, such legal assistant shall take and subscribe to the oath prescribed by the Constitution.
3 V.S.A. § 157
2021 Vermont Statutes|Title 3 - Executive|Chapter 7 - Attorney General|§ 157. Appearance for State

§ 157. Appearance for State|The Attorney General shall appear for the State in the preparation and trial of all prosecutions for homicide and civil or criminal causes in which the State is a party or is interested when, in his or her judgment, the interests of the State so require. The Attorney General shall represent members of the General Assembly in all civil causes arising from or relating to the performance of legislative duties. (Amended 2018, No. 11 (Sp. Sess.), § E.200.3.)
3 V.S.A. § 158
2021 Vermont Statutes|Title 3 - Executive|Chapter 7 - Attorney General|§ 158. Attendance at sessions of General Assembly

§ 158. Attendance at sessions of General Assembly|When required by either branch of the General Assembly, the Attorney General shall attend its sessions and advise and assist in the preparation of legislative business and documents.
3 V.S.A. § 159
2021 Vermont Statutes|Title 3 - Executive|Chapter 7 - Attorney General|§ 159. Opinions; State matters and actions

§ 159. Opinions; State matters and actions|The Attorney General shall advise the elective and appointive State officers on questions of law relating to their official duties and shall furnish a written opinion on such matters, when so requested. He or she shall have general supervision of matters and actions in favor of the State and of those instituted by or against State officers wherein interests of the State are involved and may settle such matters and actions as the interests of the State require. (Amended 1967, No. 9, eff. Feb. 23, 1967.)