reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 99 - Pollution Abatement Facility Operators › § 5102. Definitions

§ 5102. Definitions
As used in this chapter:
(1) “Director” means the Director of the Office of Professional Regulation.
(2) “License” means a current authorization granted by the Director permitting the practice of pollution abatement facility operation.
(3) “Permit,” when used as a noun, means an authorization by the Agency of Natural Resources to operate a facility regulated under 10 V.S.A. § 1263.
(4) “Practice of pollution abatement facility operation” means the operation and maintenance of a facility regulated under 10 V.S.A. § 1263 by a person required by the terms of a permit to hold particular credentials, including those of an “operator,” “assistant chief operator,” or “chief operator.”
(5) “Pollution abatement facility operator” means a person who is licensed under this chapter, or pursuant to rules developed pursuant to this chapter, to engage in the practice of pollution abatement facility operation consistent with a permit. (Added 2015, No. 156 (Adj. Sess.), § 13, eff. Jan. 1, 2017.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 99 - Pollution Abatement Facility Operators › § 5103. Prohibitions; offenses

§ 5103. Prohibitions; offenses
(a) It shall be a violation of this chapter for any person, including any corporation, association, or individual, to:
(1) sell or fraudulently obtain or furnish any pollution abatement facility operation degree, diploma, certificate of registration, license, or any other related document or record or to aid or abet therein;
(2) practice or knowingly permit the practice of pollution abatement facility operation under cover of any degree, diploma, registration, license, or related document or record illegally or fraudulently obtained or signed or issued unlawfully or under fraudulent representation;
(3) practice or permit the practice of pollution abatement facility operation other than by a person duly registered and currently licensed or otherwise authorized to do so under the provisions of this chapter;
(4) represent himself or herself as being licensed or otherwise authorized by this State to practice pollution abatement facility operation or use in connection with a name any words, letters, signs, or figures that imply that a person is a pollution abatement facility operator when not licensed or otherwise authorized under this chapter;
(5) practice pollution abatement facility operation during the time a license or authorization issued under this chapter is suspended or revoked; or
(6) employ an unlicensed or unauthorized person to practice as a pollution abatement facility operator.
(b) Any person violating this section shall be subject to the penalties provided in 3 V.S.A. § 127(c). (Added 2015, No. 156 (Adj. Sess.), § 13, eff. Jan. 1, 2017.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 99 - Pollution Abatement Facility Operators › § 5104. Exceptions

§ 5104. Exceptions
This chapter does not prohibit:
(1) the furnishing of assistance in the case of an emergency or disaster; or
(2) a person not licensed under this chapter from working under the direct or indirect supervision of a pollution abatement facility operator, where such employment is consistent with the terms, conditions, and intent of a facility’s permit. (Added 2015, No. 156 (Adj. Sess.), § 13, eff. Jan. 1, 2017.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 99 - Pollution Abatement Facility Operators › § 5111. Duties of the Director

§ 5111. Duties of the Director
(a) The Director shall:
(1) provide general information to applicants for licensure as pollution abatement facility operators;
(2) receive applications for licensure, administer or approve examinations and training programs, and provide licenses to applicants qualified under this chapter;
(3) administer fees as established by law;
(4) refer all disciplinary matters to an administrative law officer;
(5) renew, revoke, and reinstate licenses as ordered by an administrative law officer; and
(6) explain appeal procedures to licensed pollution abatement facility operators and to applicants, and complaint procedures to the public.
(b) The Director shall adopt rules necessary to perform his or her duties under this section after due consultation with the Secretary of Natural Resources. These rules may establish grades, types, classes, or subcategories of licenses corresponding to facilities of distinct types and complexity. (Added 2015, No. 156 (Adj. Sess.), § 13, eff. Jan. 1, 2017.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 99 - Pollution Abatement Facility Operators › § 5112. Advisor appointees

§ 5112. Advisor appointees
(a)(1) The Secretary of State shall appoint three persons to be advisors to the Secretary, two of which shall be pollution abatement facility operators and one of which shall be a representative of the Agency of Natural Resources. Advisors shall be appointed for five-year staggered terms to serve at the Secretary’s pleasure as advisors in matters relating to operation. Two of the initial appointments may be for a term of fewer than five years.
(2) A pollution abatement facility operator appointee shall have not fewer than five years’ experience as a pollution abatement facility operator immediately preceding appointment, shall be licensed as a pollution abatement facility operator in Vermont, and shall be actively engaged in the practice of pollution abatement facility operation in this State during incumbency.
(3) An appointee representing the Agency of Natural Resources shall be involved in the administration of the permitting program established under 10 V.S.A. § 1263.
(b) The Director shall seek the advice of the advisor appointees in carrying out the provisions of this chapter. (Added 2015, No. 156 (Adj. Sess.), § 13, eff. Jan. 1, 2017.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 99 - Pollution Abatement Facility Operators › § 5121. Eligibility for licensure

§ 5121. Eligibility for licensure
(a) To be eligible for licensure as a pollution abatement facility operator, an applicant shall be at least 18 years of age; be able to read and write the English language; and demonstrate such specific education, training, experience, and examination performance as the Director may by rule require to hold the class of license sought.
(b) The Director may waive examination for an applicant licensed or certified in good standing by a foreign jurisdiction found by the Director to enforce equivalent standards to obtain the class of license sought in this State. The applicant’s previous job description and experience in the pollution abatement field may be considered. (Added 2015, No. 156 (Adj. Sess.), § 13, eff. Jan. 1, 2017; 2019, No. 178 (Adj. Sess.), § 26, eff. Oct. 1, 2020.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 99 - Pollution Abatement Facility Operators › § 5122. License renewal

§ 5122. License renewal
(a)(1) A license shall be renewed every two years upon application, payment of the required fee, and proof of compliance with such continuing education or periodic reexamination requirements as the Director may by rule prescribe. Failure to comply with the provisions of this section shall result in suspension of all privileges granted to the licensee, beginning on the expiration date of the license.
(2) A license that has lapsed shall be renewed upon payment of the biennial renewal fee and the late renewal penalty.
(b) The Director may adopt rules necessary for the protection of the public to assure the Director that an applicant whose license has lapsed or who has not worked for more than three years as a pollution abatement facility operator is professionally qualified for license renewal. Conditions imposed under this subsection shall be in addition to the requirements of subsection (a) of this section. (Added 2015, No. 156 (Adj. Sess.), § 13, eff. Jan. 1, 2017.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 99 - Pollution Abatement Facility Operators › § 5123. Applications

§ 5123. Applications
Applications for licensure and license renewal shall be on forms provided by the Director. Each application shall contain a statement under oath showing the applicant’s education, experience, and other pertinent information and shall be accompanied by the required fee. (Added 2015, No. 156 (Adj. Sess.), § 13, eff. Jan. 1, 2017.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 99 - Pollution Abatement Facility Operators › § 5124. Licensure generally

§ 5124. Licensure generally
The Director shall issue a license or renew a license upon payment of the fees required under this chapter to an applicant or licensee who has satisfactorily met all the requirements of this chapter. (Added 2015, No. 156 (Adj. Sess.), § 13, eff. Jan. 1, 2017.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 99 - Pollution Abatement Facility Operators › § 5125. Fees

§ 5125. Fees
Applicants and persons regulated under this chapter shall pay those fees set forth in 3 V.S.A. § 125(b). (Added 2015, No. 156 (Adj. Sess.), § 13, eff. Jan. 1, 2017.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 99 - Pollution Abatement Facility Operators › § 5126. Unprofessional conduct

§ 5126. Unprofessional conduct
(a) Unprofessional conduct means the following conduct and the conduct set forth in 3 V.S.A. § 129a committed by a licensee, an applicant, or a person who later becomes an applicant:
(1) has made or caused to be made a false, fraudulent, or forged statement or representation in procuring or attempting to procure registration or renew a license to practice as a water treatment facility operator;
(2) whether or not committed in this State, has been convicted of a crime related to pollution abatement or environmental compliance or a felony that evinces an unfitness to practice water treatment facility operation;
(3) is unable to practice pollution abatement facility operation competently by reason of any cause;
(4) has willfully or repeatedly violated or caused the violation of any of the provisions of this chapter, the terms of a permit, the Vermont Water Pollution Control Permit Regulations, or the Vermont Water Quality Standards;
(5) is habitually intemperate or is addicted to the use of habit-forming drugs;
(6) has a mental, emotional, or physical disability, the nature of which interferes with the ability to practice pollution abatement facility operation competently;
(7) engages in conduct of a character likely to deceive, defraud, or harm the public;
(8) fails to display prominently his or her pollution abatement facility operator license in the office of a facility at which he or she performs licensed activities; or
(9) unreasonably fails to ensure proper operations of the facility.
(b) A person shall not be liable in a civil action for damages resulting from the good faith reporting of information to the Director or the Office of Professional Regulation about alleged incompetent, unprofessional, or unlawful conduct of a pollution abatement facility operator or facility, corporation, or municipal corporation employing such person. (Added 2015, No. 156 (Adj. Sess.), § 13, eff. Jan. 1, 2017.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 101 - Foresters › § 5201. Purpose and effect

§ 5201. Purpose and effect
In order to implement State policy and safeguard the public welfare, a person shall not engage in the practice of forestry unless currently licensed under this chapter. (Added 2015, No. 166 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 101 - Foresters › § 5202. Definitions

§ 5202. Definitions
As used in this chapter:
(1) “Director” means the Director of the Office of Professional Regulation.
(2) “Disciplinary action” means any action taken against a licensee for unprofessional conduct.
(3) “Forester” means a person who is licensed to practice forestry under this chapter.
(4)(A) “Forestry” means the science, art, and practice of creating, managing, using, and conserving forests and associated resources to meet desired goals, needs, and values, including timber management, wildlife management, biodiversity management, and watershed management. Forestry science consists of those biological, physical, quantitative, managerial, and social sciences that are applied to forest management. Forestry services include investigations, consultations, timber inventory, and appraisal, development of forest management plans, and responsible supervision of forest management or other forestry activities on public or private lands.
(B) “Forestry” does not include services for the physical implementation of cutting, hauling, handling, or processing of forest products or for the physical implementation of silvicultural treatments and practices.
(5) “License” means a current authorization granted by the Director permitting the practice of forestry pursuant to this chapter.
(6) “SAF” means the Society of American Foresters. (Added 2015, No. 166 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 101 - Foresters › § 5203. Prohibitions; offenses

§ 5203. Prohibitions; offenses
(a) It shall be a violation of this chapter for any person, including any corporation, association, or individual, to:
(1) sell or fraudulently obtain or furnish any forestry degree, diploma, certificate of registration, license, or any other related document or record or to aid or abet in so doing;
(2) practice forestry under cover of any degree, diploma, registration, license, or related document or record illegally or fraudulently obtained, or signed or issued unlawfully or under fraudulent representation;
(3) practice forestry unless licensed to do so under the provisions of this chapter;
(4) represent himself or herself as being licensed in this State to practice forestry or use in connection with a name any words, letters, signs, or figures that imply that a person is a forester when not licensed under this chapter; or
(5) practice forestry during the time a license issued under this chapter is suspended or revoked.
(b) Any person violating this section shall be subject to the penalties provided in 3 V.S.A. § 127.
(c) When considering a violation of this chapter, the Director shall recognize that, in appropriate circumstances, loggers and log buyers may make investigations, consultations, timber inventories, and appraisals and may responsibly conduct harvesting activities on private land. (Added 2015, No. 166 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 101 - Foresters › § 5204. Exemptions

§ 5204. Exemptions
The following shall not require a license under this chapter:
(1) An individual, college or university, family, family trust, or business from practicing forestry on his, her, or its own lands, provided that a business may only practice forestry on an aggregate of not more than 400 acres of its own lands.
(2) The practice of any other occupation or profession by a person duly licensed or otherwise authorized under the laws of this State.
(3)(A) An individual from carrying out forest practices when acting under the general supervision of a forester or acting as an expert consultant on work related to forestry, such as forest certification audits or the study of hydrology or wildlife biology.
(B) As used in subdivision (A) of this subdivision (3), “general supervision” means the forester need not be on-site when the individual performs the work described in subdivision (A), but shall maintain continued involvement in and accept professional responsibility for that work.
(4) Unlicensed professional activities within or relating to forests, if such activities do not involve the application of forestry principles or judgment and do not require forestry education, training, and experience to ensure competent performance. (Added 2015, No. 166 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 101 - Foresters › § 5211. Duties of the Director

§ 5211. Duties of the Director
(a) The Director shall:
(1) provide general information to applicants for licensure as foresters;
(2) receive applications for licensure and provide licenses to applicants qualified under this chapter;
(3) provide standards and approve education programs for applicants and for the benefit of foresters who are reentering practice following a lapse of five or more years;
(4) administer fees as established by law;
(5) refer all disciplinary matters to an administrative law officer;
(6) renew, revoke, and reinstate licenses as ordered by an administrative law officer; and
(7) explain appeal procedures to licensed foresters and to applicants, and complaint procedures to the public.
(b) The Director may adopt rules necessary to perform his or her duties under this section. (Added 2015, No. 166 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 101 - Foresters › § 5212. Advisor appointees

§ 5212. Advisor appointees
(a)(1) The Secretary of State shall appoint three foresters for five-year staggered terms to serve at the Secretary’s pleasure as advisors in matters relating to forestry. One of the initial appointments shall be for less than a five-year term.
(2) An appointee shall have not less than ten years’ experience as a forester immediately preceding appointment, shall be licensed as a forester in Vermont, and shall be actively engaged in the practice of forestry in this State during incumbency.
(b) The Director shall seek the advice of the forestry advisor appointees in carrying out the provisions of this chapter. (Added 2015, No. 166 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 101 - Foresters › § 5221. Qualifications for licensure

§ 5221. Qualifications for licensure
Applicants for licensure shall qualify under one of the following paths to licensure:
(1) Possession of a bachelor’s degree, or higher, in forestry from a program approved by the Director, satisfactory completion of two years of the SAF Certified Forester experience requirements, and passage of the SAF Certified Forester examination, which may include a State portion if required by the Director by rule.
(2) Possession of a bachelor’s degree, or higher, in a forestry-related field from a program approved by the Director, satisfactory completion of three years of the SAF Certified Forester experience requirements, and passage of the SAF Certified Forester examination, which may include a State portion if required by the Director by rule.
(3) Possession of an associate degree in forestry from a program approved by the Director, satisfactory completion of four years of the SAF Certified Forester experience requirements, and passage of the SAF Certified Forester examination, which may include a State portion if required by the Director by rule.
(4) Possession of a valid registration or license to engage in the practice of forestry issued by the appropriate regulatory authority of a state, territory, or possession of the United States, or the District of Columbia, based on requirements and qualifications shown by the application to be equal to or greater than the requirements of this chapter. Such an applicant may be examined on forestry matters peculiar to Vermont and may be granted a license at the discretion of the Director. (Added 2015, No. 166 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 101 - Foresters › § 5222. Applications for licensure

§ 5222. Applications for licensure
Applications for licensure shall be on forms provided by the Director. Each application shall contain a statement under oath showing the applicant’s education, forestry experience, and other pertinent information required by the Director. Applications shall be accompanied by the required fee. (Added 2015, No. 166 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 101 - Foresters › § 5223. Issuance of licenses

§ 5223. Issuance of licenses
The Director shall issue a license, upon payment of the fees prescribed in this chapter, to any applicant who has satisfactorily met all the requirements of this chapter. (Added 2015, No. 166 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 101 - Foresters › § 5224. Renewals

§ 5224. Renewals
(a) Licenses shall be renewed every two years upon payment of the renewal fee.
(b) Biennially, the Director shall provide notice to each licensee of license expiration and renewal requirements. Upon receipt of the completed form and the renewal fee, the Director shall issue a new license.
(c) As a condition of renewal, the Director shall require that a licensee establish that he or she has completed continuing education, as approved by the Director, of 24 hours for each two-year renewal period.
(d) The Director may reinstate the license of an individual whose license has expired upon payment of the required fee and reinstatement penalty, provided the individual has satisfied all the requirements for renewal, including continuing education. (Added 2015, No. 166 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 101 - Foresters › § 5225. License and renewal fees

§ 5225. License and renewal fees
Applicants and persons regulated under this chapter shall pay those fees set forth in 3 V.S.A. § 125(b). (Added 2015, No. 166 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 101 - Foresters › § 5226. Unprofessional conduct

§ 5226. Unprofessional conduct
(a) The Director may deny an application for licensure or relicensure, revoke or suspend any license to practice forestry issued under this chapter, or discipline or in other ways condition the practice of a licensee upon due notice and opportunity for hearing in compliance with the provisions of 3 V.S.A. chapter 25 if the person engages in the following conduct or the conduct set forth in 3 V.S.A. § 129a:
(1) has made or caused to be made a false, fraudulent, or forged statement or representation in procuring or attempting to procure registration or renew a license to practice forestry;
(2) whether or not committed in this State, has been convicted of a crime related to the practice of forestry or a felony that evinces an unfitness to practice forestry;
(3) is unable to practice forestry competently by reason of any cause;
(4) has willfully or repeatedly violated any of the provisions of this chapter;
(5) is habitually intemperate or is addicted to the use of habit-forming drugs capable of impairing the exercise of professional judgment;
(6) engages in conduct of a character likely to deceive, defraud, or harm the public; or
(7) aiding, abetting, encouraging, or negligently causing a substantial violation of the statutes or rules of the Vermont Department of Forests, Parks and Recreation.
(b) Any person or institution aggrieved by any action of the Director under this section may appeal as provided in 3 V.S.A. § 130a.
(c) A person shall not be liable in a civil action for damages resulting from the good faith reporting of information to the Director about incompetent, unprofessional, or unlawful conduct of a forester. (Added 2015, No. 166 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 103 - Notaries Public › § 5302. Uniformity of application and construction

§ 5302. Uniformity of application and construction
In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. (Added 2017, No. 160 (Adj. Sess.), § 1, eff. July 1, 2019.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 103 - Notaries Public › § 5303. Relation to Electronic Signatures in Global and National Commerce Act

§ 5303. Relation to Electronic Signatures in Global and National Commerce Act
This chapter modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. § 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. § 7003(b). (Added 2017, No. 160 (Adj. Sess.), § 1, eff. July 1, 2019.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 103 - Notaries Public › § 5321. Secretary of State’s Office duties

§ 5321. Secretary of State’s Office duties
The Office shall:
(1) provide general information to applicants for commissioning as a notary public;
(2) administer fees as provided under section 5324 of this chapter;
(3) explain appeal procedures to notaries public and applicants and explain complaint procedures to the public; and
(4) receive applications for commissioning, review applications, and grant and renew commissions when appropriate under this chapter. (Added 2017, No. 160 (Adj. Sess.), § 1, eff. July 1, 2019.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 103 - Notaries Public › § 5322. Advisor appointees

§ 5322. Advisor appointees
(a) The Secretary of State shall appoint two notaries public to serve as advisors in matters relating to notarial acts. One of the advisors shall be an attorney selected from a list of at least three licensed attorneys provided by the Vermont Bar Association. The advisors shall be appointed for staggered five-year terms and serve at the pleasure of the Secretary. One of the initial appointments shall be for less than a five-year term.
(b) Each appointee shall have at least three years of experience as a notary public during the period immediately preceding appointment and shall be actively commissioned in Vermont and remain in good standing during incumbency.
(c) The Office shall seek the advice of the advisor appointees in carrying out the provisions of this chapter. The appointees shall be entitled to compensation and reimbursement of expenses as set forth in 32 V.S.A. § 1010 for attendance at any meeting called by the Office for this purpose. (Added 2017, No. 160 (Adj. Sess.), § 1, eff. July 1, 2019.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 103 - Notaries Public › § 5323. Rules

§ 5323. Rules
(a) The Office, with the advice of the advisor appointees, may adopt rules to implement this chapter. The rules may:
(1) prescribe the manner of performing notarial acts regarding tangible and electronic records;
(2) include provisions to ensure that any change to or tampering with a record bearing a certificate of a notarial act is self-evident;
(3) include provisions to ensure integrity in the creation, transmittal, storage, or authentication of electronic records or signatures;
(4) prescribe the process of granting, renewing, conditioning, denying, suspending, or revoking the commission or special commission endorsement of or otherwise disciplining a notary public and ensuring the trustworthiness of an individual holding a commission or special commission endorsement as notary public;
(5) include provisions to prevent fraud or mistake in the performance of notarial acts;
(6) prescribe the means of performing a notarial act involving a remotely located individual using communication technology;
(7) establish standards for communication technology and identity proofing;
(8) establish standards and a period for the retention of an audiovisual recording created under section 5379 of this chapter; and
(9) prescribe methods for a notary public to confirm, under subsections 5379(c) and (d) of this chapter, the identity of a tangible record.
(b) Rules adopted regarding the performance of notarial acts with respect to electronic records and remote online notarization may not require, or accord greater legal status or effect to, the implementation or application of a specific technology or technical specification. In adopting, amending, or repealing rules regarding notarial acts with respect to electronic records and remote online notarization, the Office shall consider, as far as is consistent with this chapter:
(1) the most recent standards regarding electronic records promulgated by national bodies, such as the National Association of Secretaries of State;
(2) standards, practices, and customs of other jurisdictions that have laws substantially similar to this chapter; and
(3) the views of governmental officials and entities and other interested persons.
(c) [Repealed.] (Added 2017, No. 160 (Adj. Sess.), § 1, eff. July 1, 2019; amended 2021, No. 171 (Adj. Sess.), § 5, eff. July 1, 2022.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 103 - Notaries Public › § 5324. Fees

§ 5324. Fees
(a) For the issuance of a commission as a notary public, the Office shall collect a fee of $30.00.
(b) For issuance of a special endorsement authorizing the performance of electronic and remote notarial acts in accordance with subsection 5341(d) of this chapter, the Office shall collect a fee of $30.00. (Added 2017, No. 160 (Adj. Sess.), § 1, eff. July 1, 2019; amended 2021, No. 171 (Adj. Sess.), § 5, eff. July 1, 2022.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 103 - Notaries Public › § 5341. Commission as notary public; qualifications; no immunity or benefit

§ 5341. Commission as notary public; qualifications; no immunity or benefit
(a) An individual qualified under subsection (b) of this section may apply to the Office for a commission as a notary public. The applicant shall comply with and provide the information required by rules adopted by the Office and pay the application fee set forth in section 5324 of this chapter.
(b) An applicant for a commission as a notary public shall:
(1) be at least 18 years of age;
(2) be a citizen or permanent legal resident of the United States;
(3) be a resident of or have a place of employment or practice in this State;
(4) not be disqualified to receive a commission under section 5342 of this chapter; and
(5) pass a basic examination approved by the Office based on the statutes, rules, and ethics relevant to notarial acts.
(c) Before issuance of a commission as a notary public, an applicant for the commission shall execute an oath of office and submit it to the Office.
(d) A notary public shall not perform a notarial act on an electronic record or for a remotely located individual without obtaining a special endorsement from the Office. A notary public shall hold a notary public commission to be eligible for a special endorsement to perform notarial acts on electronic records and for remotely located individuals. The Office shall adopt rules for obtaining and regulating a special commission endorsement authorizing a notary public to perform notarial acts on electronic records and for remotely located individuals. These rules shall require notaries public performing notarial acts on electronic records and for remotely located individuals to ensure the communication technology and identity proofing used for the performance of the notarial act on electronic records or for remotely located individuals comply with the requirements of section 5380 of this chapter and any rules adopted by the Office in accordance with section 5323 of this chapter. A notary public shall apply for the special commission endorsement for the performance of notarial acts on electronic records and for remotely located individuals by filing with the Office an application provided by the Office accompanied by the required fees and evidence of eligibility, as required in rules adopted by the Office in accordance with section 5323 of this chapter.
(e) A commission to act as a notary public authorizes the notary public to perform notarial acts except for notarial acts on electronic records or for remotely located individuals. A commission with a special endorsement issued under subsection (d) of this section authorizes a notary public to perform notarial acts on electronic records and for remotely located individuals. The commission does not provide the notary public any immunity or benefit conferred by law of this State on public officials or employees. (Added 2017, No. 160 (Adj. Sess.), § 1, eff. July 1, 2019; amended 2021, No. 171 (Adj. Sess.), § 5, eff. July 1, 2022.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 103 - Notaries Public › § 5342. Grounds to deny, refuse to renew, revoke, suspend, or condition commission of notary public

§ 5342. Grounds to deny, refuse to renew, revoke, suspend, or condition commission of notary public
(a) The Office may deny, refuse to renew, revoke, suspend, or impose a condition on a commission as notary public for any act or omission that demonstrates the individual lacks the honesty, integrity, competence, or reliability to act as a notary public, including:
(1) failure to comply with this chapter;
(2) a fraudulent, dishonest, or deceitful misstatement or omission in the application for a commission as a notary public submitted to the Office;
(3) a conviction of the applicant or notary public of any felony or a crime involving fraud, dishonesty, or deceit;
(4) a finding against, or admission of liability by, the applicant or notary public in any legal proceeding or disciplinary action based on the applicant’s or notary public’s fraud, dishonesty, or deceit;
(5) failure by the notary public to discharge any duty required of a notary public, whether by this chapter, rules of the Office, or any federal or State law;
(6) use of false or misleading advertising or representation by the notary public representing that the notary has a duty, right, or privilege that the notary does not have;
(7) violation by the notary public of a rule of the Office regarding a notary public;
(8) denial, refusal to renew, revocation, suspension, or conditioning of a notary public commission in another state; or
(9) committing any of the conduct set forth in 3 V.S.A. § 129a(a).
(b) If the Office denies, refuses to renew, revokes, suspends, or imposes conditions on a commission as a notary public, the applicant or notary public is entitled to timely notice and hearing in accordance with 3 V.S.A. chapter 25. (Added 2017, No. 160 (Adj. Sess.), § 1, eff. July 1, 2019.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 103 - Notaries Public › § 5343. Renewals; continuing education

§ 5343. Renewals; continuing education
(a) Biennially, the Office shall provide a renewal notice to each commissioned notary public. Upon receipt of a notary public’s completed renewal, payment of the fee as set forth in section 5324 of this chapter, and evidence of eligibility, the Office shall issue to him or her a new commission.
(b) A notary public applying for renewal shall complete continuing education approved by the Office, which shall not be required to exceed two hours, during the preceding two-year period.
(c) The Office, with the advice of the advisor appointees, shall establish by rule guidelines and criteria for continuing education credit. (Added 2017, No. 160 (Adj. Sess.), § 1, eff. July 1, 2019.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 103 - Notaries Public › § 5344. Database of notaries public

§ 5344. Database of notaries public
The Office shall maintain an electronic database of notaries public:
(1) through which a person may verify the authority of a notary public to perform notarial acts; and
(2) that indicates whether a notary public has notified the Office that the notary public will be performing notarial acts on electronic records. (Added 2017, No. 160 (Adj. Sess.), § 1, eff. July 1, 2019.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 103 - Notaries Public › § 5345. Prohibitions; offenses

§ 5345. Prohibitions; offenses
(a) A person shall not perform or attempt to perform a notarial act or hold himself or herself out as being able to do so in this State without first having been commissioned.
(b) A person shall not use in connection with the person’s name any letters, words, or insignia indicating or implying that the person is a notary public unless commissioned in accordance with this chapter.
(c) A person shall not perform or attempt to perform a notarial act while his or her commission has been revoked or suspended.
(d) A person who violates a provision of this section shall be subject to a fine of not more than $5,000.00 or imprisonment for not more than one year, or both. Prosecution may occur upon the complaint of the Attorney General or a State’s Attorney and shall not act as a bar to civil or administrative proceedings involving the same conduct.
(e) A commission as a notary public shall not authorize an individual to assist a person in drafting legal records, give legal advice, or otherwise practice law.
(f) Except as otherwise allowed by law, a notary public shall not withhold access to or possession of an original record provided by a person who seeks performance of a notarial act by the notary public. (Added 2017, No. 160 (Adj. Sess.), § 1, eff. July 1, 2019.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 103 - Notaries Public › § 5361. Notarial acts in this State; authority to perform

§ 5361. Notarial acts in this State; authority to perform
(a) A notarial act, as defined in subdivision 5304(10) of this chapter, may only be performed in this State by a notary public commissioned under this chapter.
(b) The signature and title of an individual performing a notarial act in this State are prima facie evidence that the signature is genuine and that the individual holds the designated title. (Added 2017, No. 160 (Adj. Sess.), § 1, eff. July 1, 2019; amended 2019, No. 30, § 29; 2023, No. 77, § 11, eff. June 20, 2023.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 103 - Notaries Public › § 5362. Authorized notarial acts

§ 5362. Authorized notarial acts
(a) A notary public may perform a notarial act as authorized by and in accordance with the requirements of this chapter or otherwise by law of this State.
(b) A notary public shall not perform a notarial act with respect to a record to which the notary public or the notary public’s spouse is a party, or in which either of them has a direct beneficial interest. A notarial act performed in violation of this subsection is voidable.
(c) A notary public may certify that a tangible copy of an electronic record is an accurate copy of the electronic record. (Added 2017, No. 160 (Adj. Sess.), § 1, eff. July 1, 2019; amended 2021, No. 171 (Adj. Sess.), § 5, eff. July 1, 2022.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 103 - Notaries Public › § 5363. Requirements for certain notarial acts

§ 5363. Requirements for certain notarial acts
(a) Acknowledgments. A notary public who takes an acknowledgment of a record shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the acknowledgment has the identity claimed and that the signature on the record is the signature of the individual.
(b) Verifications. A notary public who takes a verification of a statement on oath or affirmation shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the verification has the identity claimed and that the signature on the statement verified is the signature of the individual.
(c) Signatures. A notary public who attests to a signature shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and signing the record has the identity claimed.
(d) Protests. A notary public who makes or notes a protest of a negotiable instrument shall determine the matters set forth in 9A V.S.A. § 3-505(b), protest; certificate of dishonor.
(e) Copies. A notary public who certifies or attests a copy of a record or an item that was copied shall determine that the copy is a full, true, and accurate transcription or reproduction of the record or item. (Added 2017, No. 160 (Adj. Sess.), § 1, eff. July 1, 2019; amended 2021, No. 171 (Adj. Sess.), § 5, eff. July 1, 2022.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 103 - Notaries Public › § 5364. Personal appearance required

§ 5364. Personal appearance required
(a) If a notarial act relates to a statement made in or a signature executed on a record, the individual making the statement or executing the signature shall appear personally before the notary public.
(b) [Repealed.] (Added 2017, No. 160 (Adj. Sess.), § 1, eff. July 1, 2019; amended 2021, No. 171 (Adj. Sess.), § 5, eff. July 1, 2022.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 103 - Notaries Public › § 5365. Identification of individual

§ 5365. Identification of individual
(a) Personal knowledge. A notary public has personal knowledge of the identity of an individual appearing before the officer if the individual is personally known to the officer through dealings sufficient to provide reasonable certainty that the individual has the identity claimed.
(b) Satisfactory evidence. A notary public has satisfactory evidence of the identity of an individual appearing before the officer if the officer can identify the individual:
(1) by means of:
(A) a passport, driver’s license, or government-issued nondriver identification card, which is current or expired not more than three years before performance of the notarial act; or
(B) another form of government identification issued to an individual, which is current or expired not more than three years before performance of the notarial act, contains the signature or a photograph of the individual, and is satisfactory to the officer; or
(2) by a verification on oath or affirmation of a credible witness personally appearing before the officer and known to the officer or whom the officer can identify on the basis of a passport, driver’s license, or government-issued nondriver identification card, which is current or expired not more than three years before performance of the notarial act.
(c) Additional information. A notary public may require an individual to provide additional information or identification credentials necessary to assure the notary public of the identity of the individual. (Added 2017, No. 160 (Adj. Sess.), § 1, eff. July 1, 2019.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 103 - Notaries Public › § 5366. Signature if individual unable to sign

§ 5366. Signature if individual unable to sign
If an individual is physically unable to sign a record, the individual may direct an individual other than the notary public to sign the individual’s name on the record. The notary public shall insert “Signature affixed by (name of other individual) at the direction of (name of individual)” or words of similar import. (Added 2017, No. 160 (Adj. Sess.), § 1, eff. July 1, 2019.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 103 - Notaries Public › § 5367. Certificate of notarial act

§ 5367. Certificate of notarial act
(a) A notarial act shall be evidenced by a certificate. The certificate shall:
(1) be executed contemporaneously with the performance of the notarial act;
(2) be signed and dated by the notary public and be signed in the same manner as on file with the Office;
(3) identify the jurisdiction in which the notarial act is performed;
(4) contain the title of office of the notary public; and
(5) indicate the date of expiration of the officer’s commission.
(b)(1) If a notarial act regarding a tangible record is performed by a notary public, an official stamp shall be affixed to or embossed on the certificate or, in the alternative, the notary shall clearly print or type the notary public’s name and commission number on the certificate.
(2) If a notarial act regarding an electronic record is performed by a notary public and the certificate contains the information specified in subdivisions (a)(2)-(4) of this section, an official stamp may be attached to or logically associated with the certificate.
(c) A certificate of a notarial act is sufficient if it meets the requirements of subsections (a) and (b) of this section and:
(1) is in a short form as set forth in section 5368 of this chapter;
(2) is in a form otherwise permitted by the law of this State;
(3) is in a form permitted by the law applicable in the jurisdiction in which the notarial act was performed; or
(4) sets forth the actions of the notary public and the actions are sufficient to meet the requirements of the notarial act as provided in sections 5362-5364 of this chapter or a law of this State other than this chapter.
(d) By executing a certificate of a notarial act, a notary public certifies that the notary public has complied with the requirements and made the determinations specified in sections 5363-5365 of this chapter.
(e) A notary public shall not affix the notary public’s signature to, or logically associate it with, a certificate until the notarial act has been performed.
(f)(1) If a notarial act is performed regarding a tangible record, a certificate shall be part of, or securely attached to, the record.
(2) If a notarial act is performed regarding an electronic record, the certificate shall be affixed to, or logically associated with, the electronic record.
(3) If the Office has established standards by rule pursuant to section 5323 of this chapter for attaching, affixing, or logically associating the certificate, the process shall conform to those standards. (Added 2017, No. 160 (Adj. Sess.), § 1, eff. July 1, 2019.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 103 - Notaries Public › § 5368. Short-form certificates

§ 5368. Short-form certificates
The following short-form certificates of notarial acts shall be sufficient for the purposes indicated, if completed with the information required by subsections 5367(a) and (b) of this chapter:
(1) For an acknowledgment in an individual capacity:
State of Vermont [County] of _________________________________________
This record was acknowledged before me on ______ by ______
Date ____ Name(s) of individual(s)_________________________________________
Signature of notary public _________________________________________
Stamp____ [__________ ]
Title of office______ [My commission expires: ______ ]
(2) For an acknowledgment in a representative capacity:
State of Vermont [County] of _________________________________________
This record was acknowledged before me on ____ by ______
Date ____ Name(s) of individual(s) ______ as ______ (type of authority, such as officer or trustee) of ______ (name of party on behalf of whom record was executed).
Signature of notary public _________________________________________
Stamp [____________ ]
Title of office ______ [My commission expires: ______ ]
(3) For a verification on oath or affirmation:
State of Vermont [County] of _________________________________________
Signed and sworn to (or affirmed) before me on ______ by _________________________________________
Date ______
Name(s) of individuals making statement _________________________________________
Signature of notary public _________________________________________
Stamp [____________ ]
Title of office______ [My commission expires: ______ ]
(4) For attesting a signature:
State of Vermont [County] of _________________________________________
Signed [or attested] before me on ______ by _________________________________________
Date ____ Name(s) of individual(s) _________________________________________
Signature of notary public _________________________________________
Stamp [____________ ]
Title of office ______ [My commission expires: ______ ]
(5) For certifying a copy of a record:
State of _______________________________________
County of _______________________________________
I certify that this is a true and correct copy of a record in the possession of _______________________________________
Dated _________________________________________
Signature of notarial officer _______________________________________________________________________
Stamp___________
Title of office _______________________________________ [My commission expires: ___________ ]