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2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 5 - Secretary of State › § 136. Uniform continuing education evaluation and forum

§ 136. Uniform continuing education evaluation and forum
(a)(1) 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.
(2)(A) 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:
(i) the renewal requirements of the profession;
(ii) the renewal requirements in other jurisdictions, particularly in the Northeast region;
(iii) the cost of the renewal requirements for the profession’s licensees;
(iv) an analysis of the utility and effectiveness of the renewal requirements with respect to public protection; and
(v) recommendations to the Director on whether the continuing education or other continuing competency requirements should be modified.
(B) The Director shall respond to the profession within 45 days after 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.
(b) When completion of continuing education is required for renewal of a license regulated under this title, synchronous virtual continuing education courses shall qualify as live, in-person training and be accepted for renewal of the professional license. (Added 2017, No. 144 (Adj. Sess.), § 9; amended 2019, No. 152 (Adj. Sess.), § 3, eff. April 1, 2021; 2023, No. 77, § 2, eff. June 20, 2023.)
2023 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.)
2023 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.)
2023 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.)
2023 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.
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 7 - Attorney General › § 160. State claims

§ 160. State claims
On receipt of notice thereof from the Commissioner of Finance and Management, the Attorney General shall forthwith notify State’s Attorneys of any claim of the State which should be prosecuted in their counties. Subject to the direction of the Attorney General, such State’s Attorneys shall prosecute the same and be liable on their official bonds for neglect in respect thereto. The State’s Attorneys shall report to the Attorney General, as often as may be required by him or her, such facts concerning such actions as will enable him or her to keep a record thereof and of the proceedings therein. (Amended 1959, No. 328 (Adj. Sess.), § 8(c); 1983, No. 195 (Adj. Sess.), § 5(b).)
2023 Vermont Statutes › Title 3 - Executive › Chapter 7 - Attorney General › § 162. Fees and services forbidden

§ 162. Fees and services forbidden
The Attorney General shall not receive any fee or reward from or in behalf of the prosecutor or for services in any prosecution or business to which it is his or her official duty to attend, nor shall he or she act as counsel or attorney for either party in a civil action depending upon the same facts involved in a criminal cause.
2023 Vermont Statutes › Title 3 - Executive › Chapter 7 - Attorney General › § 164a. Restitution

§ 164a. Restitution
(a) A diversion program may refer an individual who has suffered a pecuniary loss as a direct result of a delinquent act or crime alleged to have been committed by a juvenile or adult accepted to its program to the Restitution Unit established by 13 V.S.A. § 5362 for the purpose of application for an advance payment pursuant to 13 V.S.A. § 5363(d)(1). The Restitution Unit may enter into a repayment contract with a juvenile or adult accepted into diversion and shall have the authority to bring a civil action to enforce the repayment contract in the event that the juvenile or adult defaults in performing the terms of the contract.
(b) The Restitution Unit and the diversion program shall develop a process for documenting victim loss, information sharing between the Unit and diversion programs regarding the amount of restitution paid by the Unit and diversion participants’ contractual agreements to reimburse the unit, transmittal of payments from participants to the Unit, and maintenance of the confidentiality of diversion information. (Added 2011, No. 145 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 7 - Attorney General › § 165. Public contract advocate

§ 165. Public contract advocate
(a) There is hereby imposed upon the Office of the Attorney General the duty to provide public contract advocacy for all proceedings involving contracts for basic telecommunications service under 30 V.S.A. § 226a. The Attorney General shall appoint or retain as required one or more public contract advocates who shall be knowledgeable in the fields of public utility regulation and telecommunications services.
(b) Public contract advocates shall be appointed or retained for such time as may be required to monitor, represent the public interest, and report on any contract for basic telecommunications service under 30 V.S.A. § 226a. Compensation, expenses, and support of public contract advocates shall be assessed as costs to the Department of Public Service and paid from the revenues received from the tax to finance the Department and the Board levied under 30 V.S.A. § 22. (Added 1987, No. 87, § 9.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 7 - Attorney General › § 166. Court Diversion Fund

§ 166. Court Diversion Fund
The Court Diversion Fund is hereby established in the State Treasury. All fees and assessments of the juvenile and adult court diversion programs shall be recorded in the Fund. Quarterly, the director of each court diversion program shall report to the Attorney General in a manner as prescribed by the Attorney General’s office on all fees paid under sections 163 and 164 of this title. An independent audit that includes all State funding sources shall be required biennially. (Added 1995, No. 47, § 3, eff. April 20, 1995; amended 2009, No. 156 (Adj. Sess.), § E.201.2.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 7 - Attorney General › § 167a. Complex Litigation Special Fund

§ 167a. Complex Litigation Special Fund
(a) There is established the Complex Litigation Special Fund pursuant to 32 V.S.A. chapter 7, subchapter 5 to be available for expenditure by the Attorney General, as annually appropriated or authorized pursuant to 32 V.S.A. § 511, to pay nonroutine expenses, not otherwise budgeted, incurred in the investigation, prosecution, and defense of complex civil and criminal litigation. These expenses may include, for example, costs incurred for expert witnesses and for support staff and technology needed to review and manage voluminous documents in discovery and at trial in complex cases.
(b) The Fund shall consist of:
(1) Such sums as may be appropriated or transferred by the General Assembly.
(2) Settlement monies other than consumer restitution collected by the Office of the Attorney General, except for those recoveries that by law are transferred or appropriated for other uses pursuant to 9 V.S.A. § 2458(b)(4), and subject to the Fund balance cap in subsection (c) of this section.
(c) The unencumbered Fund balance shall not exceed $1,000,000.00.
(d) The Attorney General shall submit a report of the amount and purpose of expenditures from the Fund at the close of each fiscal year to the Joint Fiscal Committee annually on or before September 1. As part of the annual budget submission, the Attorney General shall include a projection of the Fund balance for the current fiscal year and upcoming fiscal year and may recommend appropriations as needed consistent with the purpose of the Fund. (Added 2018, No. 11 (Sp. Sess.), § E.200.1.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 9 - Administrative Departments › § 204. Disqualification

§ 204. Disqualification
A person holding an office under this chapter shall not be the owner of, or financially interested, directly or indirectly, in any corporation or association subject to the supervision of his or her respective department, except as a policy holder in an insurance company or a depositor in a bank.
2023 Vermont Statutes › Title 3 - Executive › Chapter 9 - Administrative Departments › § 206. Regulations

§ 206. Regulations
The commissioner or board at the head of each department herein specified is empowered to prescribe and to enforce rules and regulations, subject to the approval of the Governor, for the government and administration of such department, the conduct of its employees and the custody, use, and preservation of the records, books, documents, and property pertaining thereto.
2023 Vermont Statutes › Title 3 - Executive › Chapter 9 - Administrative Departments › § 207. Assistance and expenditure

§ 207. Assistance and expenditure
(a) Each department herein specified is empowered to employ such assistance, clerical or otherwise, as the Governor deems necessary for its proper and efficient administration and, subject to his or her approval, to fix the compensation to be paid therefor. No department shall expend or authorize an expenditure in excess of the amount appropriated therefor in any fiscal year.
(b) Agency secretaries and department heads are authorized to recruit, train and accept without regard to the civil service classification laws, rules and regulations, and without statutory compensation, the services of temporary volunteers for, or in aid of, interpretive function, visitor services, or other activities in and related to areas administered by the agency secretary or department head.
(1) Except as provided in this section, a volunteer shall not be deemed a State employee and shall not be subject to the provisions of law relating to State employment and a collective bargaining agreement between the State of Vermont and the Vermont State Employees’ Association, Inc., including those relating to hours of work, rates of compensation, leave, and State employees benefits.
(2) The consideration for volunteer services is education, training, and experience.
(3) The appointing authority is authorized to provide reimbursement for such necessary incidental expenses as transportation, uniforms, lodging, and subsistence.
(4) [Repealed.]
(5) Volunteer services shall not be used to displace existing or vacant State positions but will be used to satisfy unmet public service needs. To insure compliance with the intent hereof and merit system principles, any department or agency employing temporary volunteers shall secure the approval of the Commissioner of Human Resources. (Amended 1973, No. 117, §§ 21, 22; 1989, No. 114, § 11(a)(1); 2003, No. 156 (Adj. Sess.), § 15.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 9 - Administrative Departments › § 209. Efficiency and cooperation; transfer of personnel; regulations of Governor

§ 209. Efficiency and cooperation; transfer of personnel; regulations of Governor
The Governor shall provide for and require a practical working system to ensure efficiency and mutual helpfulness among the departments herein specified. The Governor may transfer, temporarily or permanently, subordinates of any one of such departments to another department as the needs of the State may seem to him or her to require. He or she shall adopt and have power to enforce such rules as he or she may see fit for the conduct of such departments and alter or add to the same in his or her discretion. (Amended 2015, No. 23, § 67.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 9 - Administrative Departments › § 212. Departments created

§ 212. Departments created
The following administrative departments are hereby created, through the instrumentality of which the Governor, under the Constitution, shall exercise such functions as are by law assigned to each department respectively:
(1) The Department of Mental Health
(2) [Repealed.]
(3) The Department of Financial Regulation
(4) The Department of Corrections
(5) The Department of Housing and Community Development
(6), (7) [Repealed.]
(8) The Department of Fish and Wildlife
(9) The Department of Forests, Parks and Recreation
(10) The Department of Health
(11) [Repealed.]
(12) The Department of Labor
(13) The Department of Libraries
(14) The Department of Liquor and Lottery
(15) [Repealed.]
(16) The Military Department
(17) The Department of Motor Vehicles
(18) The Department of Public Safety
(19) The Department of Public Service
(20) The Department for Children and Families
(21) The Department of Taxes
(22) The Department of Environmental Conservation
(23) The Department of Disabilities, Aging, and Independent Living
(24) The Department of Vermont Health Access. (Added 1959, No. 329 (Adj. Sess.), § 4, eff. March 1, 1961; amended 1967, No. 71, § 2; 1967, No. 106, § 2; 1969, No. 207 (Adj. Sess.), § 5, eff. March 24, 1970; 1969, No. 226 (Adj. Sess.), § 1, eff. March 31, 1970; 1981, No. 66, § 1, eff. May 1, 1981; 1983, No. 158 (Adj. Sess.), eff. April 13, 1984; 1987, No. 76, § 18; 1987, No. 243 (Adj. Sess.), § 2; 1989, No. 187 (Adj. Sess.), § 5; 1989, No. 225 (Adj. Sess.), § 25; 1989, No. 256 (Adj. Sess.), § 10, eff. Jan. 1, 1991; 1995, No. 174 (Adj. Sess.), § 3; 1995, No. 180 (Adj. Sess.), § 38(a); 1999, No. 147 (Adj. Sess.), § 4; 2003, No. 42, § 2, eff. May 27, 2003; 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006; 2005, No. 174 (Adj. Sess.), §§ 2, 140; 2007, No. 15, § 1a; 2011, No. 78 (Adj. Sess.), § 1, eff. April 2, 2012; 2013, No. 92 (Adj. Sess.), § 246, eff. Feb. 14, 2014; 2013, No. 131 (Adj. Sess.), § 97; 2015, No. 23, § 139; 2018, No. 1 (Sp. Sess.), § 106.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 9 - Administrative Departments › § 213. Declaration of policy

§ 213. Declaration of policy
(a) It is the policy of the State of Vermont that the Executive Branch of the State government created by the constitution shall be organized into the separate offices of the elected constitutional State officers and such administrative agencies and departments as may be created by law. All administrative bodies in the Executive Branch shall be placed within one of the foregoing agencies or departments to assure proper executive supervision by the Governor.
(b) It is also the policy of the State of Vermont that, for the purpose of clarity and uniformity, all agencies of the Executive Branch of the State government shall be headed by secretaries; that all administrative departments of the Executive Branch of the State government shall be headed by commissioners; that all major divisions of administrative departments shall be known as divisions and shall be headed by a director; that the major groups within the administrative departments shall be known as boards and that all other groups within the department shall be known as councils. (Added 1959, No. 329 (Adj. Sess.), § 1; eff. March 1, 1961; amended 1987, No. 243 (Adj. Sess.), § 3, eff. June 13, 1988.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 9 - Administrative Departments › § 214. Delegation of authority

§ 214. Delegation of authority
A secretary, commissioner, or director may delegate any authority, power, or duty other than a specific statutory authority of the office to a designee; and a board or council in its discretion and with the approval of the Governor may delegate to the commissioner of the department any of its authority, power, or duty other than a specific statutory authority except those necessary to its rulemaking and quasi-judicial functions. (Added 1959, No. 329 (Adj. Sess.), § 6, eff. March 1, 1961; amended 1987, No. 243 (Adj. Sess.), § 4, eff. June 13, 1988.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 9 - Administrative Departments › § 215. Commissioner, member of councils

§ 215. Commissioner, member of councils
The Commissioner of each department shall be ex officio a member of all councils within the department. However, he or she shall not vote unless otherwise provided by law and shall not participate as a member of a council in matters involving the quasi-judicial functions of the council relative to administrative decisions of the department except as otherwise provided by law. The Commissioner or his or her representative shall attend all meetings of the councils within the department. (Added 1959, No. 329 (Adj. Sess.), § 7, eff. March 1, 1961.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 9 - Administrative Departments › § 216. Boards and commissions; party representative

§ 216. Boards and commissions; party representative
Unless otherwise provided, no board or commission appointed by the Governor, whether or not with the advice and consent of the Senate, may be composed entirely of persons from one political party. (Added 1969, No. 54, § 1, eff. April 10, 1969.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 9 - Administrative Departments › § 217. Passenger vehicles; sale

§ 217. Passenger vehicles; sale
(a) No State department or agency, board, or commission, except the Governor, the Commissioner of Buildings and General Services, and the Commissioners of the Departments of Fish and Wildlife and of Public Safety for use of employees who are sworn law enforcement officers, may maintain or provide passenger vehicles, subject to such exceptions as may be made by the Commissioner of Buildings and General Services in circumstances where there is documented evidence of necessity based upon the requirements or conditions of individual State programs.
(b) The Department of Buildings and General Services of the Agency of Administration shall dispose of all cars owned by the State except those cars that are determined by the Secretary of Administration to be necessary to the operations of individual State programs under subsection (a) of this section. All money that has been budgeted in any fiscal year for the maintenance of those vehicles and the proceeds from the sale of those vehicles shall be applied to the future replacement of the State fleet. Any unspent balance shall revert to the General Fund.
(c) The Commissioner of Buildings and General Services shall purchase and lease vehicles for the State Fleet subject to the requirements of 29 V.S.A. § 903(g). (Added 1975, No. 118, § 62, eff. April 30, 1975; amended 1983, No. 158 (Adj. Sess.), eff. April 13, 1984; 1989, No. 210 (Adj. Sess.), § 42; 1995, No. 148 (Adj. Sess.), § 4(c)(2), eff. May 6, 1996; 2003, No. 121 (Adj. Sess.), § 44, eff. June 8, 2004; 2019, No. 59, § 42.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 9 - Administrative Departments › § 220. Classified employees in exempt positions

§ 220. Classified employees in exempt positions
(a) A State employee in the classified service, upon appointment to an exempt position, may request an indefinite leave of absence without pay from his or her classified position for so long as he or she remains in the exempt position. Upon approval in writing by the administrative head of the agency, department or like instrumentality in which the employee is serving, and upon concurrence by the Commissioner of Human Resources, the employee may enter the exempt position with rights determined under this section.
(b) During service in the exempt position, and if the approved request so specifies, the employee’s rights to sick leave and rights under retirement and insurance plans shall be continued.
(c) Upon leaving the exempt position, the employee shall not have a guarantee of returning to his or her former position, nor to any other classified position. However, where the employee has at least 10 years of classified service, the Commissioner of Human Resources shall provide for the employee to be offered a position in the classified service, but not necessarily the former position, at the same or lower paygrade as the position previously held, provided the employee was not dismissed from the exempt position for cause. Any such offer of employment shall be made within 30 days of separation from the exempt position. For such employees entering the exempt service after July 1, 1994, their approved request for a leave of absence shall specify a request to return. Otherwise, the employee may be offered a classified position in State government if:
(1) the employee’s approved request specifies a right to return to classified service;
(2) the classified position is vacant and is at the same or a lower pay grade as the employee’s previous classified position; and
(3) the employee possesses the minimum qualifications required in the specification for that position class.
(d) If an employee accepts an offer of employment under subsection (c) of this section, and if the employee’s approved request so specifies, the employee shall be entitled to the benefits of any increments to which he or she would have been entitled by reason of continuous service in a classified position, but for the appointment to the exempt position.
(e) Subject to the approval of the Governor, a classified employee who has satisfactorily completed any required probationary period, may be permitted to accept an assignment or appointment to fulfill the duties of an exempt position for a brief period of time, not to exceed one year, without having to resign or take a leave of absence from the classified service. Any such employee shall be compensated in accordance with compensation provisions applicable to the exempt position. (Added 1987, No. 243 (Adj. Sess.), § 5, eff. June 13, 1988; amended 1993, No. 227 (Adj. Sess.), §§ 15, 16; 2003, No. 156 (Adj. Sess.), § 15.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 9 - Administrative Departments › § 221. Hearing officers; rules

§ 221. Hearing officers; rules
(a) The Secretary of Administration shall adopt a rule to establish guidelines and oversight for hearing officers in the Executive Branch. As used in this section, “hearing officer” means a person employed by the State of Vermont whose exclusive duty is to resolve contested cases when a decision of an Executive Branch agency is challenged.
(b) The rule adopted pursuant to this section shall include provisions addressing the following topics:
(1) The rule shall include ethical standards for hearing officers. The ethical standards:
(A) may be based on the Model Code of Judicial Conduct for State Administrative Law Judges developed by the National Association of Administrative Law Judiciary;
(B) shall be made readily accessible to the public and to parties in administrative proceedings; and
(C) shall include provisions related to bias, impartiality and the appearance of impartiality, conflicts of interest, recusal and disqualification, confidentiality, and ex parte communications.
(2) The rule shall require the agency or department that employs the hearing officer to designate procedures for the receipt, consideration, and determination of complaints about the conduct of hearing officers. The procedures shall be provided to all parties in the matter.
(3) The rule shall ensure that all parties in proceedings presided over by a hearing officer are provided with a copy of the rules of procedure that apply to the proceedings. The rules shall prominently and specifically describe any appeal rights a party has and the procedure for filing an appeal. (Added 2013, No. 185 (Adj. Sess.), § 2, eff. June 11, 2014.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 11 - State Officers and Employees Generally › § 252. Cost of bonds; blanket bond

§ 252. Cost of bonds; blanket bond
The cost of such bonds shall be paid from the appropriations of the departments in which such officer or employee serves. In procuring such bonds the Governor is authorized to purchase blanket or schedule surety contracts with such company as he or she shall determine.
2023 Vermont Statutes › Title 3 - Executive › Chapter 11 - State Officers and Employees Generally › § 254. Term of officer elected by General Assembly

§ 254. Term of officer elected by General Assembly
The term of an officer elected by the General Assembly shall commence on March 1 in the year of such election and continue, if no other term is fixed by law, for the term of two years from and including such first day of March, and until his or her successor is elected and has qualified. (Amended 1985, No. 196 (Adj. Sess.), § 12.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 11 - State Officers and Employees Generally › § 255. Term of officer appointed without advice and consent of Senate

§ 255. Term of officer appointed without advice and consent of Senate
The term of an officer appointed by the Governor, without the advice and consent of the Senate, shall commence on the day when such appointee qualifies, and shall continue, where no other term is fixed by law, until March 1 of the next biennial year and until his successor is appointed and has qualified.
2023 Vermont Statutes › Title 3 - Executive › Chapter 11 - State Officers and Employees Generally › § 256. Term of officer appointed with advice and consent of Senate

§ 256. Term of officer appointed with advice and consent of Senate
(a) Whenever it is provided by law that an office shall be filled by appointment with the advice and consent of the Senate, such appointment shall be made during the month of February, and the term of office of a person so appointed shall commence on the first day of March thereafter.
(b) Notwithstanding any other provision of law, all secretaries of State agencies and all commissioners of State departments shall take office only with the advice and consent of the Senate except in the case of an appointment to fill a vacancy when the General Assembly is not in session in which case the appointee may take office subject to the provisions of section 257 of this title. (Amended 1975, No. 84, § 1, eff. April 24, 1975; 2013, No. 92 (Adj. Sess.), §§ 247, 302, eff. Feb. 14, 2014.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 11 - State Officers and Employees Generally › § 257. Appointments and vacancies requiring advice and consent of Senate

§ 257. Appointments and vacancies requiring advice and consent of Senate
(a) Appointments required to be made pursuant to section 256 of this title in the month of February, with the advice and consent of the Senate, shall be valid if made and confirmed at any time during the then regular biennial session of the General Assembly. If not made and confirmed in such month of February, the term of office of the person appointed and confirmed thereafter shall extend to and include the day whereon his or her term would expire had he or she been appointed and confirmed in such month of February.
(b) When a vacancy occurs in an office requiring appointment with the advice and consent of the Senate, an appointment may be made to fill the vacancy. If the appointment to fill the vacancy is made during any adjournment of the General Assembly the person appointed may validly function in that office during adjournment until the Senate convenes at the next regular, adjourned, or special session and acts upon the appointment submitted forthwith by the Governor; or if the appointment to fill the vacancy is made during any session of the General Assembly, the person appointed may validly function in that office until the Senate shall act upon the appointment submitted forthwith by the Governor. Thereafter the appointee shall continue in office if the Senate consents to the appointment. (Amended 1975, No. 84, § 2, eff. April 24, 1975; 1977, No. 178 (Adj. Sess.).)
2023 Vermont Statutes › Title 3 - Executive › Chapter 11 - State Officers and Employees Generally › § 258. Removal of civil officers

§ 258. Removal of civil officers
The Governor may remove any civil officer whose appointment devolves upon the Governor in the first instance, whether appointed by him or her or any of his or her predecessors, with or without the advice and consent of the Senate, and appoint a suitable person to succeed such official, subject to removal in his or her discretion, who shall be sworn and give the bond, if any, required by law. Such person, unless sooner removed, shall perform the duties and be entitled to the pay of the person whom he or she succeeds, until March 1 of the next biennial year and until his or her successor is appointed and has qualified.
2023 Vermont Statutes › Title 3 - Executive › Chapter 11 - State Officers and Employees Generally › § 260. Location of offices

§ 260. Location of offices
(a) The following State officers shall have their offices in Montpelier in quarters to be designated from time to time by the Governor: the Governor, State Treasurer, Secretary of State, Auditor of Accounts, and Attorney General.
(b) The principal office of each administrative department shall be located at such location as the Secretary of Administration determines with the approval of the Governor, except that the principal Office of the Military Department shall be at Camp Johnson.
(c) [Repealed.]
(d) If either Montpelier, Burlington, or Camp Johnson, in the opinion of the Governor, becomes an unsafe place because of an enemy attack or threatened attack upon the United States or Canada, such offices, while such unsafe condition is continued, may be located elsewhere in quarters to be designated from time to time by him or her.
(e) This section shall not apply to the State House, the use of which shall be under the exclusive direction of the General Assembly. (Amended 1959, No. 12, § 1, eff. March 4, 1959; 1959, No. 329 (Adj. Sess.), § 5, eff. March 1, 1961; 1961, No. 1, eff. Feb. 3, 1961; 1971, No. 213 (Adj. Sess.), § 4, eff. April 3, 1972; 1975, No. 114, § 12; 2007, No. 200 (Adj. Sess.), § 34, June 9, 2008; 2015, No. 97 (Adj. Sess.), § 2; 2021, No. 66, § 2, eff. June 7, 2021.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 11 - State Officers and Employees Generally › § 261. Officers of State institutions

§ 261. Officers of State institutions
A trustee or supervisor of a State institution, except the University of Vermont and State Agricultural College, shall not be employed in any capacity in such institution, nor shall the Commissioner of Corrections be employed in any capacity in any State institution over which he or she has supervision or charge. If such an officer accepts employment in a State institution contrary to the provisions of this section, his or her office shall be vacant. (Amended 1967, No. 106, § 2.)
2023 Vermont Statutes › Title 3 - Executive › Chapter 11 - State Officers and Employees Generally › § 262. Employment of aliens

§ 262. Employment of aliens
No department or commission of the State government shall regularly employ an alien. However, physicians or other qualified health personnel required to have specialized or graduate training, each of whom has filed a declaration of intention to become a citizen, may be considered as eligible for employment in the absence of a register of qualified applicants for vacancies. The Commissioner of Corrections may employ alien physicians in a postgraduate training position for a period not to exceed two years. The Secretary of Transportation, as an emergency measure due to a nationwide shortage of engineers may employ not more than 10 qualified aliens, each of whom has filed a declaration to become a citizen; admitted under the Refugee Relief Act of 1953, as amended, or paroled in under the Immigration and Nationality Act of 1952, for a period not to exceed five years from date of appointment as a State employee, in engineering positions in the Agency of Transportation to expedite the surveying, designing and construction of Vermont highways and bridges. The Department of Development may employ outside the classified service aliens in any office located outside the United States, providing the individuals so employed are citizens of the nation in which the office is located. (Amended 1963, No. 88, eff. May 10, 1963; 1967, No. 79, eff. April 12, 1967; 1967, No. 106, § 2; 1969, No. 213 (Adj. Sess.), eff. March 25, 1970.)