reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 25 - Navigation and Waters › Chapter 5 - Floating Lumber › § 241. Application of provisions

§ 241. Application of provisions
This subchapter shall apply to every person, partnership, unincorporated association, or corporation that shall drive or float lumber in any stream. The use of any such stream for such purpose shall constitute an election on the part of such person, partnership, unincorporated association, or corporation to be subject to the provisions of this subchapter and to be bound thereby. This subchapter shall apply to every owner of the land adjoining any stream so used for the purpose of driving or floating lumber, unless, within 60 days after an alleged injury, the owner notifies, in writing, the Public Utility Commission that the provisions of this subchapter are not intended to apply. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961.)
2023 Vermont Statutes › Title 25 - Navigation and Waters › Chapter 5 - Floating Lumber › § 242. Petition to Public Utility Commission

§ 242. Petition to Public Utility Commission
When damage is done to such owner by such lumber in the driving or floating of the same and such owner and the owner of the lumber do not agree upon the damages, either party may prefer a petition to the Public Utility Commission setting forth the injury alleged to be sustained and praying for the redress provided for by this subchapter. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961.)
2023 Vermont Statutes › Title 25 - Navigation and Waters › Chapter 5 - Floating Lumber › § 243. Notice and hearing; decision

§ 243. Notice and hearing; decision
Upon due notice to all parties in interest, the Public Utility Commission shall hear and determine the cause of such injury to the land or other property adjoining such stream. When the Commission determines that such injury was caused by the driving or floating of lumber, it shall fix the compensation to be paid therefor, including expense for witnesses and a reasonable attorney fee, and render decision accordingly, which decision shall be final and a bar to any other action brought for such damages. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961.)
2023 Vermont Statutes › Title 25 - Navigation and Waters › Chapter 5 - Floating Lumber › § 244. Judgment on decision

§ 244. Judgment on decision
A party in interest may file in the Superior Court for the county in which the inquiry was held a certified copy of the decision of the Commission awarding compensation, whereupon such court shall render judgment in accordance therewith and notify the parties thereof. Such judgment shall have the same effect, and all proceedings in relation thereto shall thereafter be the same as though such judgment had been rendered in an action duly heard and determined by such court, and there shall be no appeal therefrom. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
2023 Vermont Statutes › Title 25 - Navigation and Waters › Chapter 5 - Floating Lumber › § 245. Bond of foreign corporation

§ 245. Bond of foreign corporation
A foreign corporation, before driving or floating any logs, lumber, or other timber in any stream in this State, shall file in the Office of the Secretary of State for the benefit of the owners of land adjoining any stream used by such corporation, a good and sufficient bond to be approved by the Secretary and in such sum as he or she directs. Such bond shall be given to the Secretary as trustee of the corporation, for each and all of the riparian owners, and shall be conditioned for the payment of all damages and compensation awarded by the Commission and any judgment rendered by any court from which an appeal has not been taken. Upon breach of the condition of such bond, the Secretary, upon application by a riparian owner whose award by the Commission or judgment remains unpaid for more than 30 days, shall institute proceedings thereon in his or her name as trustee for the benefit of all landowners to whom such corporation may be indebted, as hereinbefore provided, at the time such proceedings shall be instituted. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961.)
2023 Vermont Statutes › Title 25 - Navigation and Waters › Chapter 5 - Floating Lumber › § 246. Penalties for noncompliance

§ 246. Penalties for noncompliance
A corporation that neglects or refuses to comply with a provision of section 245 of this title shall be fined not more than $100.00 nor less than $10.00, with costs, for each day’s neglect or refusal.
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 1 - Accountants › § 15. Exemptions

§ 15. Exemptions
Nothing in this chapter shall prohibit:
(1) A federal, State, or municipal officer or employee from performing the lawful functions and duties of any office or service required.
(2) An officer, employee, partner, or principal of any organization from:
(A) signing a statement or report in reference to the affairs of that organization, with wording designating the title held in the organization; or
(B) describing himself or herself by title.
(3) A person from offering or rendering to the public bookkeeping and tax services, including devising and installing systems, recording and presenting financial information or data, preparing financial statements, schedules, reports, and exhibits, and similar services.
(4) An individual person from using a title previously held as a public accountant licensed or certified in this or any other state, provided that the person’s license or certificate was not revoked or suspended, and provided further that the person is not currently engaged in the practice of public accounting and does not use the title for the purpose of practicing public accounting.
(5) Other licensed or certified professionals from carrying on in the usual manner any of the functions of their professions.
(6) A firm, which does not hold a valid registration under section 74 of this title and which does not have an office in this State, from providing its professional services and from practicing public accounting in this State as long as the firm complies with the requirements of subsection 74(b) of this title. (Added 1975, No. 89, § 9; amended 1981, No. 161 (Adj. Sess.), § 2; 1991, No. 167 (Adj. Sess.), § 3; 2001, No. 129 (Adj. Sess.), § 6; eff. June 13, 2002; 2007, No. 29, § 6; 2009, No. 35, § 6.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 1 - Accountants › § 17. Penalty

§ 17. Penalty
Any person who violates any provision of section 14 of this chapter shall be subject to the penalties set forth in 3 V.S.A. § 127. (Added 1975, No. 89, § 11; amended 1981, No. 161 (Adj. Sess.), § 2; 2007, No. 29, § 7; 2019, No. 30, § 9.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 1 - Accountants › § 51. Creation of Board

§ 51. Creation of Board
(a) The Board of Public Accountancy is created, consisting of five members, who shall be residents of this State.
(b) At least one member of the Board shall be a member of the public who has no pecuniary interest in accounting other than as a consumer or possible consumer of its services. The member shall have no pecuniary interest personally or through a spouse, parent, child, brother, or sister.
(c) At least three members of the Board shall be licensed certified public accountants.
(d) Board members shall be appointed for five-year terms by the Governor in accordance with 3 V.S.A. § 129b. (Amended 1975, No. 89, § 1; 1981, No. 161 (Adj. Sess.), § 2; 1991, No. 167 (Adj. Sess.), § 4; 2001, No. 129 (Adj. Sess.), § 7; eff. June 13, 2002; 2007, No. 29, § 8.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 1 - Accountants › § 52. Functioning of Board

§ 52. Functioning of Board
(a) Annually, the Board shall meet to elect a chair and a secretary.
(b) Meetings may be called by the Chair and shall be called upon the request of any other two members.
(c) Meetings shall be warned and conducted in accordance with 1 V.S.A. chapter 5.
(d) A majority of the members of the Board shall constitute a quorum.
(e) All business may be transacted by a majority vote of the members present and voting, unless otherwise provided by statute. (Amended 1975, No. 89, § 2; 1981, No. 161 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 1 - Accountants › § 54. General powers and duties of the Board

§ 54. General powers and duties of the Board
(a) The Board shall adopt rules concerning:
(1) a definition of the practice of public accountancy, interpreting section 13 of this title as appropriate;
(2) qualifications for obtaining licensure, interpreting the relevant statutes as appropriate;
(3) forms approved by the Secretary of State, which are to be used by the Board; and
(4) explanations of appeal and other significant rights given to applicants and the public.
(b) The Board may:
(1) conduct examinations and pass upon the qualifications of applicants for licensing;
(2) adopt rules of professional conduct for establishing and maintaining high standards of competence and integrity in the profession of public accounting;
(3) adopt rules establishing reasonable continuing education requirements, not to exceed 40 hours per year, and establish or approve continuing education programs to assist a licensee in meeting these requirements;
(4) investigate suspected violations of section 14 of this title and suspected unprofessional conduct;
(5) conduct hearings;
(6) issue subpoenas and administer oaths in connection with any authorized investigation or hearing;
(7) take or cause depositions to be taken as needed in any investigation or hearing before it;
(8) receive legal assistance from the Secretary of State’s office and from the Attorney General;
(9) seek and obtain injunctions to restrain violations of section 14 of this title or unprofessional conduct;
(10) cooperate with licensing and regulatory authorities in other jurisdictions to investigate suspected violations of section 14 of this title and suspected unprofessional conduct; and
(11) adopt rules regarding peer reviews that may be required to be performed under this chapter.
(c) [Repealed.] (Amended 1975, No. 89, § 4; 1981, No. 161 (Adj. Sess.), § 2; 1985, No. 257 (Adj. Sess.), § 2; 1991, No. 167 (Adj. Sess.), § 5; 1997, No. 145 (Adj. Sess.), § 31; 2001, No. 129 (Adj. Sess.), § 8; eff. June 13, 2002; 2007, No. 29, § 9; 2019, No. 178 (Adj. Sess.), § 5, eff. Oct. 1, 2020.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 1 - Accountants › § 56. Fees

§ 56. Fees
Applicants and persons regulated under this chapter shall pay the following fees:
(1) Application for license $115.00
(2) Biennial renewal of license $255.00
(3) Firm registration $230.00
(4) [Repealed.]
(5) Firm biennial renewal of registration $460.00
(6) Sole proprietor firm biennial renewal of registration $230.00 (Amended 1975, No. 89, § 6; 1981, No. 161 (Adj. Sess.), § 2; 1989, No. 250 (Adj. Sess.), § 6; 1991, No. 167 (Adj. Sess.), § 6; 1997, No. 59, § 47, eff. June 30, 1997; 1999, No. 49, § 169; 2001, No. 143 (Adj. Sess.), § 19; eff. June 21, 2002; 2009, No. 35, § 7; 2011, No. 33, § 2; 2019, No. 70, § 14; 2019, No. 178 (Adj. Sess.), § 5, eff. Oct. 1, 2020; 2023, No. 77, § 18, eff. June 20, 2023.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 1 - Accountants › § 71a. License by examination

§ 71a. License by examination
(a) A license as a “certified public accountant” shall be granted by the Board to any person:
(1) who is of good character;
(2) who completes:
(A) [Repealed.]
(B) 150 or more semester hours of college credit at a college or university recognized by the Board, including a baccalaureate degree and a minimum of 42 semester hours of accounting, auditing, and related subjects as the Board determines to be appropriate, and one year of experience in public accounting, meeting the requirements prescribed by Board rule or other experience or employment that the Board in its discretion considers substantially equivalent; and
(3) who has passed the examination required under subsection (b) of this section.
(b) The Board shall administer an examination using a nationally recognized uniform certified public accountants’ examination and advisory grading service.
(c) An applicant who has not yet completed a baccalaureate degree may sit for the exam upon the completion of 120 semester hours at an institution recognized by the Board, including a minimum of 30 semester hours of accounting, auditing, and related subjects as the Board determines to be appropriate. (Added 1997, No. 145 (Adj. Sess.), § 7; amended 2001, No. 129 (Adj. Sess.), § 9; eff. June 13, 2002; 2007, No. 29, § 10; 2007, No. 163 (Adj. Sess.), § 6; 2009, No. 35, § 8; 2009, No. 35, § 41(b), eff. July 1, 2014.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 1 - Accountants › § 72a. General licensing provisions

§ 72a. General licensing provisions
(a) If a licensee has a principal place of business for the practice of public accounting, the license shall be prominently displayed at that place.
(b) Licensing standards adopted and used by the Board, and its procedures, shall be fair and reasonable and shall be designed and implemented to measure and reasonably ensure an applicant’s qualifications to practice public accounting. They shall not be designed or implemented for the purpose of limiting the number of licensees.
(c) [Repealed.] (Added 1981, No. 161 (Adj. Sess.), § 2; amended 1991, No. 167 (Adj. Sess.), § 9; 1997, No. 40, § 15; 2001, No. 129 (Adj. Sess.), § 11; eff. June 13, 2002; 2007, No. 29, § 11; 2009, No. 35, § 41(a).)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 1 - Accountants › § 72b. Licensure by endorsement

§ 72b. Licensure by endorsement
Without requiring an examination, the Board shall issue an appropriate license to a public accountant who is licensed or certified under the laws of another state:
(1) with education, examination, and experience requirements that the Board considers to be substantially equal to those of this State; or
(2)(A) upon a showing that the applicant has had five years of experience in the practice of public accountancy or meets equivalent requirements prescribed by the Board by rule within the 10 years immediately preceding the application; and
(B) has fulfilled the requirements of continuing education or continuing professional competence programs that would have been applicable under subsection 75(b) of this title. (Added 2007, No. 29, § 12.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 1 - Accountants › § 73. Corporations practicing public accounting

§ 73. Corporations practicing public accounting
A corporation, limited liability company, partnership, or other business organization engaged in the practice of public accounting may be disciplined by the Board for the unprofessional conduct of its officers, directors, managers, members, partners, shareholders, and employees. Disciplinary action against a corporation, limited liability company, partnership, or other business organization may include recommending to the Secretary of State that involuntary dissolution proceedings be begun. (Added 1975, No. 89, § 13; amended 1981, No. 161 (Adj. Sess.), § 2; 1997, No. 40, § 10; 1999, No. 133 (Adj. Sess.), § 3.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 1 - Accountants › § 75. Renewal

§ 75. Renewal
(a) Public accountant licenses and firm registrations under this chapter shall be renewed every two years on payment of the required fee.
(b) As a condition of renewal of a license as a public accountant, the Board may require that the licensee establish that he or she has satisfied continuing education requirements established by Board rule.
(c) The Board may by rule require, on either a uniform or a random basis, as a condition to renewal of firm registrations under section 74 of this title, that applicants undergo peer reviews conducted no more frequently than once every three years in such manner and producing such satisfactory result as the Board may specify, provided, however, that any such requirement:
(1) shall be adopted reasonably in advance of the time when it is first required to be met; and
(2) shall include a reasonable provision for compliance by an applicant’s showing that the applicant has undergone a satisfactory peer review performed for other purposes that was substantially equivalent to peer reviews generally required pursuant to this section, and completion of such review was within the three years immediately preceding the renewal period.
(d) Information submitted for peer reviews is exempt from public disclosure under 1 V.S.A. § 317(c)(3) and (6).
(e) If a licensee fails to renew within 10 years of the license lapsing, the licensee must file a new application for licensure and satisfy the initial licensure requirements of the Board in order to obtain a license. (Added 1975, No. 89, § 13; amended 1981, No. 161 (Adj. Sess.), § 2; 1991, No. 167 (Adj. Sess.), § 13; 1997, No. 59, § 49, eff. June 30, 1997; 1999, No. 133 (Adj. Sess.), § 5; 2001, No. 129 (Adj. Sess.), § 15; eff. June 13, 2002.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 1 - Accountants › § 75a. Agent for process

§ 75a. Agent for process
An application under this chapter for a license or registration by a person who is not a resident of this State shall constitute the appointment of the Secretary of State as an agent for service of process in any action or proceeding arising out of any transaction, activity, or operation in this State by the applicant concerning the practice of public accounting. (Added 1981, No. 161 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 1 - Accountants › § 76. Unprofessional conduct

§ 76. Unprofessional conduct
Unprofessional conduct means:
(1) The conduct prohibited by this section, by 3 V.S.A. § 129a, or by other statutes relating to public accounting, whether or not that conduct is by a licensee, an applicant, or a person who later becomes an applicant;
(2) Disciplinary action by another state or country or federal agency of a license or certificate to practice public accountancy;
(3) Failing to make available, upon request of a person using public accounting services, copies of documents in the possession or under the control of the accountant, when those documents have been prepared for and paid for by the user of services;
(4) Failing to return client-supplied information and documents, in whatever form contained, upon request of the client;
(5) Any of the following except when reasonably undertaken in an emergency situation in order to protect life, health, or property:
(A) practicing or offering to practice beyond the scope permitted by law; or
(B) accepting and performing public accounting responsibilities that the licensee knows or has reason to know that he or she is not competent to perform;
(C) performing public accounting services that have not been authorized by the consumer or the consumer’s legal representative;
(6) Dishonesty, fraud, or negligence in the practice of public accountancy, including making misleading, deceptive, or untrue representations in the practice of public accountancy;
(7) The making of any false or misleading statement in support of an application filed by another;
(8) Failure of a licensee to provide any explanation requested by the Board regarding evidence submitted by the licensee in support of an application for licensure filed by another, or regarding evidence submitted by the licensee in support of an application for licensure filed by another, or regarding a failure or refusal to submit such evidence; and failure by a licensee to furnish for inspection, upon request by the Board, or its representative, documentation relating to any evidence submitted by the licensee in support of such an application; or
(9) Failing to report changes to the Board as required by statute and the Board’s rules. (Added 1975, No. 89, § 13; amended 1981, No. 161 (Adj. Sess.), § 2; 1991, No. 167 (Adj. Sess.), § 14; 1997, No. 145 (Adj. Sess.), § 32; 2001, No. 129 (Adj. Sess.), § 16; eff. June 13, 2002.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 1 - Accountants › § 81. Ownership of accountant’s working papers

§ 81. Ownership of accountant’s working papers
(a) All statements, records, schedules, working papers, and memoranda made by a public accountant incident to or in the course of professional services to clients, except reports submitted by a public accountant to a client, are the property of the accountant. However, an express agreement between the accountant and the client to the contrary shall take precedence over this subsection.
(b) No statement, record, schedule, working paper, or memorandum shall be sold, transferred, or bequeathed, without the consent of the client or his or her personal representative or assignee, to anyone other than one or more surviving partners or new partners of the accountant or to his or her corporation or any combined or merged partnership or successor in interest to the partnership.
(c) Original copies of client documents in the possession of the licensee are the property of the client, and must be returned to the client upon request.
(d) An accountant or accountancy firm shall have in place a plan for responsible disposition of client records in case of unexpected incapacity or firm dissolution. (Added 1981, No. 161 (Adj. Sess.), § 2; amended 1991, No. 167 (Adj. Sess.), § 15; 2001, No. 129 (Adj. Sess.), § 18, eff. June 13, 2002; 2019, No. 30, § 9.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 1 - Accountants › § 82. Confidential communications

§ 82. Confidential communications
(a) No firm or any of its employees or other public accountants engaged by the firm, shall disclose any confidential information obtained in the course of a professional engagement except with the consent of the client or former client or as disclosure may be required by law, legal process, or the standards of the profession.
(b) This section does not limit the authority of this State or of the United States to subpoena and use information in connection with any investigation, or proceedings. This section does not prohibit a public accountant whose professional competence has been challenged in a court or before an administrative agency from disclosing confidential information as a part of a defense.
(c) Nothing in this chapter prohibits a firm or any of its employees, from disclosing any data to other public accountants, peer review teams, or partnerships or corporations of public accountants engaged in conducting peer reviews under the auspices of a recognized professional association, or any of their employees, in connection with peer reviews of the accountant’s accounting and auditing practice.
(d) Nothing contained in this chapter prohibits a firm or any of its employees, from disclosing any data in confidence to any representative of a recognized professional association or to the Board in connection with a professional ethics investigation or in the course of a peer review. (Added 1981, No. 161 (Adj. Sess.), § 2; amended 1991, No. 167 (Adj. Sess.), § 16; 2001, No. 129 (Adj. Sess.), § 19, eff. June 13, 2002; 2007, No. 29, § 15.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 3 - Architects › § 121. Definitions

§ 121. Definitions
As used in this chapter:
(1) “Architect” means a person who is licensed to practice architecture under this chapter.
(2) “Board” means the “Vermont Board of Architecture.”
(3) “Disciplinary action” includes any action taken against a licensee by the Board or on appeal from the Board, when that action suspends, revokes, limits, or conditions a license in any way, and includes reprimands and dismissals.
(4) “Plans” or “working drawings” mean any drawings or graphic representations or any combination of drawings or graphic representations, or reproductions thereof, prepared for the purpose of illustrating proposed or intended designs for the construction, enlargement, or alteration of any building or project.
(5) The “practice of architecture” means providing professional services such as consultation, investigation, evaluation, planning, designing (including structural design), or responsible supervision of construction in connection with any building or structure that has as its principal purpose human occupancy or habitation.
(6) “Responsible control” means that amount of control over and detailed knowledge of the content of technical submissions during their preparation as is ordinarily exercised by licensed architects applying the required professional standard of care.
(7) “Supervision” means work prepared under the regular, personal review of a licensed architect’s control and as to which the architect has detailed professional knowledge.
(8) “Technical submissions” means designs, drawings, specifications, studies, and other technical reports prepared in the course of executing a portion of a construction project. (Amended 1985, No. 248 (Adj. Sess.), § 1; 1999, No. 52, § 5a; 1999, No. 133 (Adj. Sess.), § 6.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 3 - Architects › § 122. Prohibitions; penalties

§ 122. Prohibitions; penalties
(a) No person shall:
(1) practice or attempt to practice architecture or hold himself or herself out as being able to do so in this State without first having obtained the license required by this chapter;
(2) use in connection with the person’s name any letters, words, title, or insignia indicating or implying that the person is an architect unless the person is licensed in accordance with this chapter;
(3) practice or attempt to practice architecture during license revocation or suspension;
(4) stamp or seal any documents with their architect’s seal if their license to practice architecture has expired or is revoked; or
(5) violate any of the provisions of this chapter.
(b) A person who violates any of the provisions of subsection (a) of this section shall be subject to the penalties provided in 3 V.S.A. § 127(c).
(c) Injunctive relief will be available on application of the Office of Attorney General or an attorney assigned by the Office of Professional Regulation, pursuant to a complaint filed in the Superior Court of Washington County to restrain violations of this chapter. (Amended 1985, No. 248 (Adj. Sess.), § 1; 2005, No. 27, § 15; 2007, No. 29, § 16.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 3 - Architects › § 124. Construction; exemptions

§ 124. Construction; exemptions
(a) This chapter shall not be construed to affect or prevent:
(1) the practice of engineering by a professional engineer licensed under the laws of this State;
(2) the preparation of working drawings, details, and shop drawings by persons other than architects for use in connection with the execution of their work;
(3) employees of those lawfully practicing as architects under the provisions of this chapter from acting under the instruction, control, or supervision of their employers;
(4) supervision by builders or superintendents employed by such builders, of the construction or structural alteration of buildings or structures;
(5) design and construction, and the provision of services related thereto, of the following if the structure is:
(A) a detached single, two-family, three-family, or four-family dwelling, or a shed, storage building, or garage incidental to that dwelling;
(B) a farm building, including barns, silos, sheds, or housing for farm equipment and machinery, livestock, poultry, or storage; or
(C) a pre-engineered building, or a building, plans for which have been stamped or sealed by a licensed professional in the appropriate field.
(b) The provisions of this section shall not be construed to permit any person not licensed as provided in this chapter to use the title architect, or any title, sign, card, or device to indicate that such person is an architect.
(c) This chapter shall not be construed to limit or restrict in any manner the right of a practitioner of another profession or occupation from carrying on in the usual manner any of the functions incidental to that profession or occupation. (Amended 1985, No. 248 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 3 - Architects › § 161. Creation of Board; appointment of members; term of office; oath of office

§ 161. Creation of Board; appointment of members; term of office; oath of office
(a) A board of architects is created whose official title shall be “Vermont Board of Architects.”
(b) The Board shall consist of seven members appointed by the Governor as follows: five architects and two public members. All members shall be Vermont residents. The architect members shall have been in active practice in Vermont for not less than three years and shall be in active practice during their incumbency. The public members shall be persons who have no financial interest personally or through a spouse, parent, child, brother, or sister in the activities regulated under this chapter, other than as consumers or possible consumers of its services.
(c) Board members shall be appointed by the Governor pursuant to 3 V.S.A. §§ 129b and 2004.
(d) Each member shall file with the Director of the Office of Professional Regulation the constitutional oath of office.
(e) Vacancies may be filled in the same manner that initial appointments are made.
(f) No member may be appointed to more than two consecutive terms.
(g) [Repealed.] (Amended 1959, No. 160, § 1; 1985, No. 248 (Adj. Sess.), § 1; 1989, No. 250 (Adj. Sess.), § 4(d); 2005, No. 27, § 16.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 3 - Architects › § 162. Meetings of Board; quorum

§ 162. Meetings of Board; quorum
(a) A majority of the members of the Board shall be a quorum for transacting business and all action shall be taken upon a majority vote of the members present and voting.
(b) The provisions of 3 V.S.A. chapter 25 (the Vermont Administrative Procedure Act) relating to contested cases shall apply to proceedings under this chapter.
(c) Fees for the service of process and attendance before the Board shall be the same as the fees paid sheriffs and witnesses in Superior Court. (Amended 1985, No. 248 (Adj. Sess.), § 1; 2005, No. 27, § 17.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 3 - Architects › § 164. Powers and duties of Board generally

§ 164. Powers and duties of Board generally
(a) The Board shall:
(1) adopt rules, according to the provisions of 3 V.S.A. chapter 25, the Administrative Procedure Act, that are necessary for the performance of its duties;
(2) provide general information to applicants for licensure as architects;
(3) explain appeal procedures to licensees and applicants and complaint procedures to the public;
(4) adopt rules that define the activities that must be completed by an applicant in order to fulfill the experience requirements established by this chapter. Such activities shall be designed to ensure that all applicants acquire experience in critical areas of architecture but shall not be used to limit or unduly delay admission to practice;
(5) inform applicants of their right to register a complaint with the Board and the Office of Professional Regulation if they are unable to obtain the supervision necessary to fulfill the experience requirements of this chapter or the rules adopted under this chapter. The Board shall monitor the availability of supervised activities to determine that the experience requirements do not become a barrier to entry into the profession;
(6) if applications for licensure by examination are pending, offer examinations at least once each year and pass upon the qualifications of applicants;
(7) use the administrative and legal services provided by the Office of Professional Regulation under 3 V.S.A. chapter 5.
(b) The Board may conduct hearings as provided in 3 V.S.A. chapter 5. (Amended 1983, No. 230 (Adj. Sess.), § 17(2); 1985, No. 248 (Adj. Sess.), § 1; 1989, No. 250 (Adj. Sess.), § 4(d); 2005, No. 148 (Adj. Sess.), § 5.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 3 - Architects › § 203. Corporations; limited liability companies

§ 203. Corporations; limited liability companies
(a) The right to practice architecture is a personal right based on the qualities of the individual and evidenced by a nontransferable license.
(b) A corporation, limited liability company, partnership, association, or individual proprietorship may furnish architectural services provided a member or employee thereof is a licensed architect and is in responsible charge of such services, and provided all plans and specifications are signed and stamped with the personal seal of the licensed architect in responsible charge.
(c) A corporation, limited liability company, partnership, association, or individual proprietorship with which the architect may practice shall be jointly and severally liable with the architect for work performed. (Amended 1985, No. 248 (Adj. Sess.), § 1; 1997, No. 40, § 11.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 3 - Architects › § 204. Licenses generally

§ 204. Licenses generally
The Board shall upon payment of the fees prescribed in this chapter, license any applicant who, in the opinion of the Board, has satisfactorily met all the requirements of this chapter. Certificates of licensure shall bear a serial number and the full name of the licensee, and shall bear the signatures of the Chair, the Secretary of the Board, and the seal of the Board. (Amended 1985, No. 248 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 3 - Architects › § 205. Licensure without examination

§ 205. Licensure without examination
The Board may, upon payment of the required fee, license without examination an applicant who presents evidence that he or she:
(1) is licensed in another state in which the requirements for licensure are essentially equivalent to those required by this chapter; or
(2) holds the certificate of the National Council of Architectural Registration Boards. (Amended 1966, No. 48 (Sp. Sess.); 1985, No. 248 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 3 - Architects › § 205a. License renewal

§ 205a. License renewal
(a) Licenses shall be renewed every two years upon application and payment of the required fee. Failure to comply with the provisions of this section shall result in suspension of all privileges granted by the license beginning on the expiration date of the license. A license that has lapsed shall be reinstated upon payment of the biennial renewal fee and the late renewal penalty.
(b) The Board may adopt rules necessary for the protection of the public to assure the Board that an applicant whose license has lapsed for more than three years is professionally qualified before reinstatement may occur. Conditions imposed under this subsection shall be in addition to the requirements of subsection (a) of this section.
(c) In addition to the provisions of subsection (a) of this section, an applicant for renewal shall have satisfactorily completed continuing education as required by the Board. For purposes of this subsection, the Board may require, by rule, not more than 24 hours of approved continuing education as a condition of renewal. (Added 1997, No. 145 (Adj. Sess.), § 11; amended 2005, No. 27, § 18.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 3 - Architects › § 208. Seal

§ 208. Seal
Each licensee shall obtain a seal of such design as the Board shall authorize and direct. Plans and specifications prepared by, or under the direct supervision of, a licensed architect shall be stamped with the licensee’s seal. (Amended 1985, No. 248 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 3 - Architects › § 209. Fees

§ 209. Fees
Applicants and persons regulated under this chapter shall pay the following fees:
(1) Application for initial license $120.00
(2) Biennial renewal $225.00 (Amended 1967, No. 105, eff. April 14, 1967; 1985, No. 248 (Adj. Sess.), § 1; 1989, No. 250 (Adj. Sess.), § 8; 1999, No. 49, § 170; 2001, No. 143 (Adj. Sess.), § 20, eff. June 21, 2002; 2005, No. 202 (Adj. Sess.), § 10; 2023, No. 77, § 22, eff. June 20, 2023.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 6 - Barbers and Cosmetologists › § 271. Definitions

§ 271. Definitions
As used in this chapter:
(1) “Barbering” means engaging in the continuing performance, for compensation, of any of the following activities: cutting, shampooing, or styling hair; shaving the face, shaving around the vicinity of the ears and neckline, or trimming facial hair; facials, skin care, or scalp massages, and bleaching, coloring, straightening, or permanent-waving hair, or similar work by any means, with hands or mechanical or electrical apparatus or appliances. Barbering also includes esthetics.
(2) “Cosmetology” means engaging in the continuing performance, for compensation, of any of the following activities:
(A) Work on the hair of any person, including dressing, curling, waving, cleansing, cutting, bleaching, coloring, or similar work by any means, with hands or mechanical or electrical apparatus or appliances.
(B) Esthetics.
(C) Manicuring.
(3) “Director” means the Director of the Office of Professional Regulation.
(4) “Esthetics” means massaging, cleansing, stimulating, manipulating, beautifying, or otherwise working on the scalp, face, or neck by using cosmetic preparations, antiseptics, tonics, lotions, or creams. “Esthetics” does not include the sale or application of cosmetics to customers in retail stores or customers’ homes.
(5) “Manicuring” or “nail technician practice” means the nonmedical treatment of a person’s fingernails or toenails or the skin in the vicinity of the nails and includes the use of cosmetic preparations or appliances.
(6) “School of barbering or cosmetology” means a facility or facilities regularly used to train or instruct persons in the practice of barbering or cosmetology.
(7) “Shop” means a facility or facilities regularly used to offer or provide barbering or cosmetology. (Added 1997, No. 40, § 16; amended 2005, No. 27, § 19; 2017, No. 144 (Adj. Sess.), § 12, eff. Jan. 1, 2019.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 6 - Barbers and Cosmetologists › § 272. Prohibitions; offenses

§ 272. Prohibitions; offenses
(a) A person shall not practice or attempt to practice barbering or cosmetology or use in connection with the person’s name any letters, words, title, or insignia indicating or implying that the person is a barber or cosmetologist unless the person is licensed in accordance with this chapter.
(b) A person who owns or controls a shop or school of barbering or cosmetology shall not permit the practice of barbering or cosmetology unless the shop or school is registered in accordance with this chapter.
(c) A person who violates a provision of this section shall be subject to the penalties provided in 3 V.S.A. § 127. (Added 1997, No. 40, § 16; amended 2017, No. 144 (Adj. Sess.), § 12, eff. Jan. 1, 2019.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 6 - Barbers and Cosmetologists › § 273. Exemptions

§ 273. Exemptions
The provisions of this chapter regulating barbers and cosmetologists shall not:
(1) affect or prevent the practice of barbering or cosmetology by a student at a school recognized by the Director;
(2) limit or restrict in any manner the right of a practitioner of another licensed profession or occupation from carrying on in the usual manner any of the functions incidental to that profession or occupation;
(3) prohibit a licensee from providing barbering or cosmetology services outside a licensed shop so long as those services are limited to only:
(A) patients or residents within a hospital, nursing home, community care home, or any similar facility;
(B) persons who are homebound, disabled, or in a hospice or similar program, or to deceased persons in a funeral home;
(C) persons as part of a special event, provided the sanitation standards expected of licensees in licensed shops are followed;
(4) affect or prevent individuals from serving as make-up artists or hairdressers in the theatrical and performing arts industries;
(5) affect or prevent the practice of barbering or cosmetology outside a registered shop or school by licensees in accordance with rules adopted by the Director;
(6) affect or prevent the practice of barbering or cosmetology within the confines of a State correctional facility by a person incarcerated therein, who has completed training acceptable to the Commissioner of Corrections; or
(7) affect or prevent the practice of natural hair braiding or styling, provided such practice does not involve cutting; the application of chemicals, dyes, or heat; or other changes to the structure of hair. (Added 1997, No. 40, § 16; amended 2005, No. 27, § 20; 2007, No. 163 (Adj. Sess.), § 6a; 2017, No. 144 (Adj. Sess.), § 12, eff. Jan. 1, 2019.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 6 - Barbers and Cosmetologists › § 276. General powers and duties of the Director

§ 276. General powers and duties of the Director
(a) The Director shall:
(1) adopt rules that:
(A) prescribe sanitary and safety standards for shops, schools, and other facilities used for the practice of barbering and cosmetology;
(B) prescribe safe and sanitary practices for the performance of activities related to the practice of barbering and cosmetology;
(C) establish standards for apprenticeships, courses, and examinations to be completed by an applicant for licensure under this chapter;
(D) establish qualifications for licensure under this chapter as:
(i) a barber, provided mandated formal training shall be 750 hours;
(ii) a cosmetologist, provided mandated formal training shall be 1,000 hours;
(iii) an esthetician, provided mandated formal training shall be 500 hours; and
(iv) a nail technician, provided mandated formal training shall be 200 hours; and
(E)(i) establish criteria for apprenticeships that would enable a person seeking licensure under this chapter to train under an appropriately qualified Vermont licensee in order to attain licensure without mandated formal training; and
(ii) limit the duration of a required apprenticeship to not more than 150 percent of the duration of the corresponding formal training.
(2) Provide general information to applicants for licensure or registration under this chapter.
(3) Explain appeal procedures to licensees and applicants and complaint procedures to the public.
(4) Offer examinations at least once a year, if applications for examination are pending, and pass on the qualifications of the applicants.
(b)(1) The Director may inspect shops and schools and other places used for the practice of barbering and cosmetology.
(2) A fee shall not be charged for initial inspections under this subsection; however, if the Director determines that it is necessary to inspect the same premises in the same ownership more than once in any two-year period, the Director shall charge a reinspection fee.
(3) The Director may waive all or a part of the reinspection fee in accordance with criteria established by rule. (Added 1997, No. 40, § 16; amended 2017, No. 144 (Adj. Sess.), § 12, eff. Jan. 1, 2019.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 6 - Barbers and Cosmetologists › § 276a. Advisor appointees

§ 276a. Advisor appointees
(a)(1) The Secretary of State shall appoint one barber, one cosmetologist, one esthetician, and one nail technician for five-year staggered terms to serve at the Secretary’s pleasure as advisors in matters relating to barbering and cosmetology. At least one of the initial appointments shall be for less than a five-year term.
(2) An appointee shall have not less than three years’ experience as a barber or cosmetologist immediately preceding appointment; shall be licensed as a barber or cosmetologist in Vermont; and shall be actively engaged in the practice of barbering or cosmetology in this State during incumbency.
(b) The Director shall seek the advice of the advisor appointees in carrying out the provisions of this chapter. (Added 2017, No. 144 (Adj. Sess.), § 12, eff. Jan. 1, 2019.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 6 - Barbers and Cosmetologists › § 280a. Eligibility for licensure

§ 280a. Eligibility for licensure
An applicant for licensure as a barber, cosmetologist, esthetician, or nail technician shall meet the qualifications for licensure established by the Director under the provisions of subchapter 2 of this chapter. (Added 2017, No. 144 (Adj. Sess.), § 12, eff. Jan. 1, 2019.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 6 - Barbers and Cosmetologists › § 281. Postsecondary school of barbering and cosmetology; certificate of approval

§ 281. Postsecondary school of barbering and cosmetology; certificate of approval
(a) A school of barbering or cosmetology shall not be granted a certificate of approval unless the school:
(1) Is a postsecondary school operating a program of professional education.
(2) Employs and maintains a sufficient number of competent instructors and has apparatus and equipment sufficient for the proper and full teaching of all subjects of its curriculum.
(3) Maintains a daily record of the attendance of each student and regular class and instruction hours, establishes grades, and holds examinations before issuing diplomas.
(4) Requires a school term of training consistent with formal training requirements established by rule, which shall include practical demonstrations and theoretical studies in sanitation, sterilization, the use of antiseptics, and the use of appliances, devices, treatments, and preparations relevant to the field of licensure.
(b) Regional vocational centers may offer courses of instruction in barbering or cosmetology without a certificate of approval from the Director, and State correctional facilities may offer courses of instruction in barbering and cosmetology without a certificate of approval from the Director; however, hours for licensing shall only be given for courses that meet the Director’s standards for courses offered in postsecondary schools of barbering or cosmetology certified by the Director.
(c) A school of barbering or cosmetology shall not require, as a condition of training for licensure, that a person enter into a covenant not to compete with the training organization or an affiliate. (Added 1997, No. 40, § 16; amended 1999, No. 133 (Adj. Sess.), § 8; 2013, No. 138 (Adj. Sess.), § 4; 2017, No. 144 (Adj. Sess.), § 12, eff. Jan. 1, 2019; 2023, No. 77, § 3, eff. June 20, 2023.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 6 - Barbers and Cosmetologists › § 282. Shop; license

§ 282. Shop; license
(a) A shop shall not be granted a license unless the shop complies with the rules of the Director and has a designated licensee responsible for overall cleanliness, sanitation, and safety of the shop.
(b) The practices of barbering and cosmetology shall be permitted only in shops licensed by the Director, except as provided in sections 273 and 281 of this chapter and the rules of the Director. (Added 1997, No. 40, § 16; amended 2005, No. 27, § 26; 2017, No. 144 (Adj. Sess.), § 12, eff. Jan. 1, 2019.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 6 - Barbers and Cosmetologists › § 283. Examination

§ 283. Examination
(a) An applicant who is otherwise eligible for licensure and has paid the required fees shall be examined.
(b)(1) The examination for a license shall include both practical demonstrations and written or oral tests in the area of practices for which a license is applied and other related studies or subjects as the Director may determine necessary.
(2) The examination shall not be confined to any specific system or method and shall be consistent with a prescribed curriculum as provided by this chapter.
(c) The Director may limit by rule the number of times a person may take an examination. (Added 1997, No. 40, § 16; amended 2017, No. 144 (Adj. Sess.), § 12, eff. Jan. 1, 2019.)