reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 67 - Audiologists and Hearing Aid Dispensers › § 3287. Advisor appointees

§ 3287. Advisor appointees
(a) The Secretary shall appoint one otolaryngologist, one audiologist, one hearing aid dispenser who is neither an otolaryngologist nor an audiologist, and one member of the public to serve as advisors in matters related to audiologists and hearing aid dispensers.
(1) The public member shall be an individual with significant hearing impairment who uses a hearing aid regularly.
(2) The members shall be appointed as set forth in 3 V.S.A. § 129b and shall serve at the pleasure of the Secretary.
(b) The Director shall seek the advice of the advisors appointed under this section in carrying out the provisions of this chapter. Such members shall be entitled to compensation and necessary expenses in the amount provided in 32 V.S.A. § 1010 for attendance at any meeting called by the Director for this purpose. (Added 1989, No. 60, § 1; amended 1989, No. 250 (Adj. Sess.), § 83; 2007, No. 29, § 46; 2011, No. 66, § 10a, eff. June 1, 2011; 2015, No. 38, § 34, eff. Sept. 1, 2015.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 67 - Audiologists and Hearing Aid Dispensers › § 3288. Director duties

§ 3288. Director duties
The Director shall:
(1) provide information to applicants for licensure as an audiologist or hearing aid dispenser;
(2) administer fees collected under this chapter;
(3) explain appeal procedures to licensees and applicants and complaint procedures to the public;
(4) receive applications for licensure, grant licensure under this chapter and renew licenses, and deny, revoke, suspend, reinstate, or condition licenses as directed by an administrative law officer;
(5) refer all complaints and disciplinary matters to an administrative law officer established under 3 V.S.A. § 129(j); and
(6) with the advice of the advisor appointees, adopt or amend rules necessary to implement the provisions of this chapter. (Added 1989, No. 60, § 1; amended 1989, No. 250 (Adj. Sess.), §§ 4(b), (d), 84; 1997, No. 40, § 49(a); 2015, No. 38, § 34, eff. Sept. 1, 2015.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 67 - Audiologists and Hearing Aid Dispensers › § 3290. Eligibility for audiologist license

§ 3290. Eligibility for audiologist license
To be eligible for licensure as an audiologist, an applicant shall have:
(1) Either:
(A) a master’s degree or equivalent in audiology or speech-language pathology from an educational institution approved by the Director, with course work completed in areas specified by rule; or
(B) a doctoral degree in audiology, or an equivalent doctoral degree regardless of name, from a program that is accredited by an accrediting agency recognized by the Council for Higher Education Accreditation, or its successor, or by the United States Department of Education and operated by a college or university accredited by a regional or national accrediting organization.
(2) Completed a supervised clinical practicum in audiology, the length and content of which shall be established by rule.
(3) Completed a period, as determined by rule, of postgraduate professional training in audiology as approved by the Director.
(4) Passed an examination in audiology approved by the Director, which shall include a section that is equivalent to the hearing aid dispensers examination described in section 3295 of this chapter. An audiologist who has passed this examination is not required to take the hearing aid dispensers examination required by section 3295. (Added 2015, No. 38, § 34, eff. Sept. 1, 2015; amended 2023, No. 36, § 5, eff. July 1, 2023.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 67 - Audiologists and Hearing Aid Dispensers › § 3291. License required for hearing aid dispensers

§ 3291. License required for hearing aid dispensers
(a) Unless a person is licensed in accordance with the provisions of this chapter, he or she shall not:
(1) dispense or attempt to dispense hearing aids or hold himself or herself out as being able to dispense hearing aids; or
(2) use in connection with his or her name any letters, words, or insignia indicating or implying that he or she is a hearing aid dispenser.
(b) A person who violates a provision of this chapter or who obtains a license by fraud or misrepresentation shall be subject to the pertinent penalties provided in 3 V.S.A. § 127.
(c) An audiologist licensed pursuant to this chapter may dispense hearing aids consistent with the requirements of this chapter. Licensed audiologists are not required to obtain a separate license to dispense hearing aids. (Added 1989, No. 60, § 1; amended 2001, No. 151 (Adj. Sess.), § 47, eff. July 1, 2003; 2007, No. 29, § 47; 2015, No. 38, § 34, eff. Sept. 1, 2015.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 67 - Audiologists and Hearing Aid Dispensers › § 3292. Construction

§ 3292. Construction
(a) Nothing in this chapter shall be construed to prohibit a person from manufacturing hearing aids or making mechanical repairs to hearing aids or from issuing warranties in connection with such manufacturing or repairs.
(b) The licensure requirements of this chapter shall not be construed to apply to any person engaged in hearing aid dispensing as part of the academic curriculum of an accredited institution of higher education, provided that said person is directly supervised by a licensed hearing aid dispenser.
(c) Nothing in this chapter shall be construed to prohibit licensed practitioners from acting within the scope of practice for their licensed field. However, such practitioners shall comply with sections 3282, 3283, and 3284 of this title. (Added 1989, No. 60, § 1; amended 1991, No. 167 (Adj. Sess.), § 53.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 67 - Audiologists and Hearing Aid Dispensers › § 3293. Eligibility for hearing aid dispenser license

§ 3293. Eligibility for hearing aid dispenser license
To be eligible for licensure as a hearing aid dispenser, an applicant shall:
(1) have attained the age of majority; and
(2) pass a written examination administered by the Director under section 3295 of this chapter. (Added 1989, No. 60, § 1; amended 2015, No. 38, § 34, eff. Sept. 1, 2015.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 67 - Audiologists and Hearing Aid Dispensers › § 3294. Application for licensure as hearing aid dispenser

§ 3294. Application for licensure as hearing aid dispenser
An application for licensure as a hearing aid dispenser shall be made on a form furnished by the Director and shall be accompanied by the application and examination fees and evidence of eligibility as requested by the Director. (Added 1989, No. 60, § 1; amended 1989, No. 250 (Adj. Sess.), § 4(d); 2015, No. 38, § 34, eff. Sept. 1, 2015.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 67 - Audiologists and Hearing Aid Dispensers › § 3295. Examination for licensure as hearing aid dispenser

§ 3295. Examination for licensure as hearing aid dispenser
(a) Examinations shall be administered in the manner and places designated by the Director.
(b) The examination shall cover the following: the basic physics of sound, anatomy, and physiology of the ear, structure and function of hearing aids, pure tone audiometry, voice and recorded speech audiometry, interpretation of audiograms as related to hearing aid usage, selection and adaptation of hearing aids, counseling people who are hard of hearing in the appropriate use of hearing aids, identifying situations in which referrals to a physician are appropriate, knowledge of medical and rehabilitation facilities for people who are hard of hearing in this State, and State and federal laws relating to dispensing hearing aids and other areas of knowledge determined by the Director to be necessary.
(c) If the applicant passes the examination and meets the other requirements set forth in this chapter, the applicant shall receive a license upon payment of the license fee.
(d) If an applicant fails the examination, the applicant may retake the examination on one or more occasions upon payment of the examination fee.
(e) The Director shall establish by rule fixed criteria for passing the examination that shall apply to all persons taking the examination.
(f) The Director may waive the examination requirement if the applicant is a hearing aid dispenser regulated under the laws of another state who is in good standing to dispense hearing aids in that state and, in the opinion of the Director, the standards and qualifications required for regulation of hearing aid dispensers in that state are currently at least equal to those required by this chapter.
(g) Licensing standards and procedures shall be fair and reasonable and shall be designed and implemented to measure and reasonably ensure that all applicants are granted licensure if they demonstrate that they possess the minimal occupational qualifications that are consistent with public health, safety, and welfare. They shall not be designed or implemented for the purpose of limiting the number or types of licensees. (Added 1989, No. 60, § 1; amended 1989, No. 250 (Adj. Sess.), § 4(d); 2013, No. 96 (Adj. Sess.), § 179; 2015, No. 38, § 34, eff. Sept. 1, 2015.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 67 - Audiologists and Hearing Aid Dispensers › § 3295a. Temporary licensure of hearing aid dispenser without examination

§ 3295a. Temporary licensure of hearing aid dispenser without examination
(a) A temporary license may be issued to a person who applies for the first time to practice as a hearing aid dispenser under section 3293 of this chapter, is employed by a licensed hearing aid dispenser, and satisfies the provisions of subdivision (1) of that section.
(b)(1) A temporary license allows a person to practice as a hearing aid dispenser while directly supervised by a hearing aid dispenser licensed under section 3295 of this chapter until he or she takes the next examination provided by the Director and a determination is made of his or her qualifications to practice in this State.
(2) The supervising hearing aid dispenser shall personally observe the temporary licensee while conducting and interpreting hearing tests and making earmolds or impressions, for a period of two months following issuance of a license under this section or until the license expires, whichever occurs first.
(c) Temporary licenses shall be issued on payment of the specified fee and shall remain in force no longer than 60 days following examination and shall not be extended except for good and exceptional cause shown by the applicant. Not more than one temporary license may be issued to the same person. An extension shall not be granted to an applicant who fails the examination. (Added 1991, No. 167 (Adj. Sess.), § 54; amended 2015, No. 38, § 34, eff. Sept. 1, 2015.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 67 - Audiologists and Hearing Aid Dispensers › § 3296. Renewals and reinstatement for audiologists and hearing aid dispensers

§ 3296. Renewals and reinstatement for audiologists and hearing aid dispensers
(a) Licenses shall be renewed every two years upon payment of the renewal fee.
(b) Upon receipt of the completed form and the renewal fee, the Director shall issue a new license.
(c) The Director may make such rules as may be reasonably necessary for the protection of the public to ensure that an applicant for reinstatement is professionally qualified.
(d) As a condition of renewal, the Director may require that licensees establish that they have satisfied continuing education requirements established by the Director, by rule. (Added 1989, No. 60, § 1; amended 1989, No. 250 (Adj. Sess.), § 4(d); 2015, No. 38, § 34, eff. Sept. 1, 2015.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 67 - Audiologists and Hearing Aid Dispensers › § 3305. Audiologists; Audiology and Speech-Language Pathology Interstate Compact privilege to practice

§ 3305. Audiologists; Audiology and Speech-Language Pathology Interstate Compact privilege to practice
(a) Vermont is a member state of the Audiology and Speech-Language Pathology Interstate Compact. Applicants for a privilege to practice audiology shall be subject to the requirements prescribed under chapter 87, subchapter 2 of this title.
(b) Individuals with a privilege to practice issued by a member state of the Audiology and Speech-Language Pathology Interstate Compact may practice audiology in the State subject to the requirements of chapter 87, subchapter 2 of this title. (Added 2023, No. 36, § 3, eff. July 1, 2024.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 69 - Real Estate Appraisers › § 3311. Definitions

§ 3311. Definitions
As used in this chapter:
(1) “Act” means the Federal Financial Institutions Reform, Recovery, and Enforcement Act of 1989, Pub. L. No. 101-73, as amended.
(2) “Appraisal” means an analysis, opinion, or conclusion relating to the value of specified interests in or aspects of identified real estate or identified real property.
(3) “Appraisal management company” means an entity that acts as a broker in acquiring finished appraisals from real estate appraisers licensed under this chapter and that supplies the appraisals to third parties.
(4) “Appraiser” or “real estate appraiser” means a person licensed under this chapter.
(5) “AQB” means the Appraisal Qualifications Board of the Appraisal Foundation as referenced in the Act. Under the provisions of the Act, the AQB establishes the minimum education, experience, and examination requirements for real property appraisers to obtain a state license or certification.
(6) “ASC” means the Appraisal Subcommittee of the Federal Financial Institutions Examination Council created pursuant to the Act. The ASC oversees the real estate appraisal process as it relates to federally related transactions as defined in the Act.
(7) “Director” means the Director of the Office of Professional Regulation.
(8)(A) “Disciplinary action” means any action by any regulatory or certifying authority against a licensed real estate appraiser or applicant premised upon a finding that the person has engaged in unprofessional conduct.
(B)(i) The term includes all sanctions of any kind, including obtaining injunctions, refusing to grant or renew a license, suspending, revoking, or restricting a license, and issuing warnings.
(ii) The term does not include monetary civil penalties imposed by a hearing officer in relation to an express finding under 3 V.S.A. § 129(a)(3) that the subject matter does not constitute unprofessional conduct.
(9) “Office” means the Office of Professional Regulation. (Added 1989, No. 264 (Adj. Sess.), § 1; amended 1993, No. 217 (Adj. Sess.), § 1; 2009, No. 103 (Adj. Sess.), § 40; 2013, No. 27, § 37; 2019, No. 30, § 21.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 69 - Real Estate Appraisers › § 3312. Prohibitions; penalty; exemption

§ 3312. Prohibitions; penalty; exemption
(a) Unless licensed in accordance with the provisions of this chapter, a person shall not:
(1) perform an appraisal in a federally related transaction when a licensed or certified appraiser is required by the Act; or
(2) use in connection with his or her name any letters, words, or insignia indicating that he or she is a State certified or licensed real estate appraiser.
(b) An individual who violates a provision of subsection (a) of this section shall be subject to the penalties provided in 3 V.S.A. § 127.
(c) A registered appraisal management company shall not be required to be licensed in order to acquire and provide finished appraisals to third parties. (Added 1989, No. 264 (Adj. Sess.), § 1; amended 1993, No. 217 (Adj. Sess.), § 2; 2007, No. 29, § 48; 2009, No. 103 (Adj. Sess.), § 41; 2019, No. 30, § 21.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 69 - Real Estate Appraisers › § 3313. Regulation of real estate appraisers; Director; advisor appointees

§ 3313. Regulation of real estate appraisers; Director; advisor appointees
(a)(1) Director shall administer the provisions of this chapter.
(2)(A) The Secretary of State shall appoint six persons of suitable qualifications in accordance with this section to advise the Director in matters concerning real estate appraisal.
(B) The Secretary shall appoint the advisors for five-year staggered terms. Four of the initial appointments shall be for four-, three-, two-, and one-year terms.
(3) The Director shall consult the appointed advisors prior to exercising interpretive discretion, adopting or amending rules, and determining any substantial regulatory question presented in the course of administering this chapter.
(b) Three advisors shall be real estate appraisers licensed under this chapter who have been actively engaged in the full-time practice of real estate appraising for five years preceding appointment and have been practicing in Vermont for the two-year period immediately preceding appointment.
(c) Two advisors shall be public members who shall have no direct financial interest personally or through a spouse, parent, child, brother, or sister in real estate appraising.
(d) One advisor shall be a public member actively engaged in the business of banking, including lending for the purpose of buying real property, or shall be a person who is a consumer of appraisal services in the regular course of his or her business. (Added 1989, No. 264 (Adj. Sess.), § 1; amended 1991, No. 92, § 2; 1993, No. 217 (Adj. Sess.), § 3; 1999, No. 133 (Adj. Sess.), § 30; 2005, No. 27, § 95; 2009, No. 103 (Adj. Sess.), § 42; 2019, No. 30, § 21.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 69 - Real Estate Appraisers › § 3314. Director; powers and duties

§ 3314. Director; powers and duties
(a) The Director shall administer the provisions of this chapter in a manner that conforms in all respects with the requirements of the Act.
(b) In addition to the Director’s other powers and duties under this chapter, the Director shall:
(1) Receive and review applications.
(2) Collect the registry fee as required by the Act and transmit that fee to the ASC. The registry fee shall be in addition to State licensing and registration fees.
(3) Annually publish a roster of all licensees and transmit the roster to the ASC as required by the Act.
(4) Register appraisal management companies.
(5) Make inquiries he or she deems necessary into the character, integrity, and reputation of the applicant.
(6) Perform other functions and duties as may be necessary to carry out the provisions of this chapter and to comply with the requirements of the Act, including by adopting rules defining and regulating appraisal management companies in a manner consistent with the Act. (Added 1989, No. 264 (Adj. Sess.), § 1; amended 2009, No. 103 (Adj. Sess.), § 43; 2013, No. 27, § 38; 2013, No. 138 (Adj. Sess.), § 41; 2017, No. 48, § 22; 2019, No. 30, § 21.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 69 - Real Estate Appraisers › § 3315. Rules

§ 3315. Rules
(a) The Director may adopt rules necessary to implement the provisions of this chapter.
(b) The Director shall adopt rules relating to procedures for processing applications, issuing licenses, registering trainees, inspecting records, and instituting and conducting disciplinary proceedings. (Added 1989, No. 264 (Adj. Sess.), § 1; amended 1991, No. 92, § 3; 1993, No. 217 (Adj. Sess.), §§ 4, 5; 2013, No. 27, § 39; 2019, No. 30, § 21.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 69 - Real Estate Appraisers › § 3316. Licensing and registration fees

§ 3316. Licensing and registration fees
Applicants and persons regulated under this chapter shall pay those fees set forth in 3 V.S.A. § 125(b). (Added 1989, No. 264 (Adj. Sess.), § 1; amended 1991, No. 92, § 4; 1991, No. 167 (Adj. Sess.), § 56; 1993, No. 217 (Adj. Sess.), § 6; 2005, No. 202 (Adj. Sess.), § 19; 2009, No. 103 (Adj. Sess.), § 44; 2015, No. 57, § 5; 2019, No. 70, § 23; 2019, No. 178 (Adj. Sess.), § 18, eff. Oct. 1, 2020.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 69 - Real Estate Appraisers › § 3317. Application

§ 3317. Application
An individual who desires to be licensed under this chapter shall submit an application as specified by the Director, accompanied by payment of the required fee. (Added 1989, No. 264 (Adj. Sess.), § 1; amended 2019, No. 30, § 21.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 69 - Real Estate Appraisers › § 3318. Examination

§ 3318. Examination
The Director shall examine applicants using an AQB-approved qualifying examination applicable to the credential sought by the applicant. (Added 1989, No. 264 (Adj. Sess.), § 1; amended 1991, No. 92, § 5; 1993, No. 217 (Adj. Sess.), § 7; 2013, No. 27, § 40; 2019, No. 30, § 21.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 69 - Real Estate Appraisers › § 3319. Temporary practice

§ 3319. Temporary practice
The Director shall issue a temporary license to an individual, after filing of an application and fee, who is a certified or licensed real estate appraiser in another jurisdiction if all of the following apply:
(1) the property to be appraised is part of a federally related transaction for which a licensed or certified appraiser is required by the Act;
(2) the applicant’s business is of a temporary nature; and
(3) the applicant registers with the Office. (Added 1989, No. 264 (Adj. Sess.), § 1; amended 1991, No. 92, § 6; 1993, No. 217 (Adj. Sess.), § 8; 2019, No. 30, § 21.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 69 - Real Estate Appraisers › § 3319a. Appraiser trainee registration

§ 3319a. Appraiser trainee registration
(a)(1)(A) A person who has completed a course of instruction approved by the AQB may work as a certified residential or certified general appraiser trainee provided the person is registered with the Office.
(B) An appraiser trainee shall work under the direct supervision of an appraiser who holds either a certified residential or a certified general license in good standing and has held the certified residential or certified general license for at least the minimum number of years required by the AQB.
(2)(A) An appraiser trainee may perform activities within the scope of practice of the license sought, provided that the supervising appraiser reviews and signs all resulting appraisals.
(B) The supervising appraiser shall be professionally responsible for such activities performed by the trainee.
(3) As used in this subsection, “good standing” means that the appraiser supervisor holds a current, unrestricted license.
(b) [Repealed.]
(c) The Director may give credit for training hours, not exceeding 10 percent of the total hourly experience requirement, for hours worked or training given that does not include or is unrelated to a site inspection.
(d) Appraiser trainees registered with the Board as of July 1, 2013 and who continue on to satisfy the requirements specified by the AQB may become State licensed appraisers, notwithstanding the elimination of that license category. (Added 1993, No. 217 (Adj. Sess.), § 9; amended 2003, No. 60, § 18; 2005, No. 27, § 96; 2005, No. 148 (Adj. Sess.), § 37; 2013, No. 27, § 41; 2013, No. 138 (Adj. Sess.), § 42; 2019, No. 30, § 21.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 69 - Real Estate Appraisers › § 3320. Licensure by reciprocity

§ 3320. Licensure by reciprocity
The Director shall waive all licensing requirements for an appraiser applicant holding a valid certification from another state if:
(1) the appraiser licensing and certification program of the other state is in compliance with the provisions of the Act; and
(2) the appraiser applicant holds the valid certification from a state whose requirements for certification or licensing meet or exceed the licensure standards established by this chapter. (Added 1989, No. 264 (Adj. Sess.), § 1; amended 1993, No. 217 (Adj. Sess.), § 10; 2013, No. 27, § 42; 2019, No. 30, § 21.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 69 - Real Estate Appraisers › § 3321. Renewals

§ 3321. Renewals
(a) Except for a license issued to an appraisal management company, a licensed issued under this chapter shall be renewed biennially upon payment of the required fee and upon satisfactory completion of the minimum continuing education requirements established by AQB during the immediately preceding two-year period. An appraisal management company shall renew its license annually in compliance with State and federal regulations.
(b) If an individual or an appraisal management company fails to renew in a timely manner, he, she, or it may renew the license within 30 days of the renewal date by satisfying all requirements set forth in law, including, as applicable, those requirements of AQB for reactivation and payment of an additional late renewal penalty.
(c) The Director may reactivate the license of an individual or an appraisal management company whose license has lapsed for more than 30 days upon payment of the renewal fee, the reactivation fee, and the late renewal penalty, provided the individual or appraisal management company has satisfied all the requirements set forth in law, including, as applicable, those requirements of AQB for reactivation.
(d) The Director may require, by rule, as a condition of reactivation, that an applicant, other than an appraisal management company, undergo review of one or more aspects of the applicant’s professional work in the practice of real estate appraising, provided that the manner and performance results of the review be specified by the Director. Such a review requirement shall:
(1) be adopted reasonably in advance of the time when it is first required to be met; and
(2) provide for compliance if the applicant shows that within the two years preceding renewal, the applicant underwent a satisfactory quality review for other purposes and that review was substantially equivalent to a review required under this section.
(e) [Repealed.] (Added 1989, No. 264 (Adj. Sess.), § 1; amended 1993, No. 217 (Adj. Sess.), §§ 11, 12; 2009, No. 103 (Adj. Sess.), § 46, eff. May 12, 2010; 2011, No. 66, § 11, eff. June 1, 2011; 2013, No. 27, § 44; 2019, No. 30, § 21; 2019, No. 178 (Adj. Sess.), § 18, eff. Oct. 1, 2020.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 69 - Real Estate Appraisers › § 3322. Use of license number; consumer fee disclosure

§ 3322. Use of license number; consumer fee disclosure
(a)(1) Each licensee or registrant shall be assigned a license or registration number that shall be used in a report, a contract, engagement letter, or other instrument used by the licensee or registrant in connection with the licensee’s or registrant’s activities under this chapter. The license number shall be placed adjacent to or immediately below the title the licensee is entitled to use under this chapter.
(2) Each licensed appraiser shall ensure that the registration number and the appraiser’s fee for appraisal services shall appear adjacent to or immediately below the appraisal management company’s registered name on documents supplied to clients or customers in this State.
(b) Each licensed appraiser shall include within the body of the appraisal report the amount of the appraiser’s fee for appraisal services. (Added 1989, No. 264 (Adj. Sess.), § 1; amended 1993, No. 217 (Adj. Sess.), § 13; 2009, No. 103 (Adj. Sess.), § 47; 2011, No. 66, § 11, eff. June 1, 2011; 2019, No. 30, § 21.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 69 - Real Estate Appraisers › § 3324. Record retention

§ 3324. Record retention
(a) A licensee or registrant shall retain all records related to an appraisal, review, or consulting assignment for not fewer than five years after preparation.
(b) A licensee or registrant shall retain records under this section that relate to a matter in litigation for two years after the litigation concludes or in conformance with the “Uniform Standards of Professional Appraisal Practice,” as promulgated by the Appraisal Standards Board of the Appraisal Foundation, whichever period is longer.
(c) Upon reasonable notice, a licensee or registrant shall provide to the Director for inspection and copying any records governed by this section. (Added 1989, No. 264 (Adj. Sess.), § 1; amended 1993, No. 217 (Adj. Sess.), § 15; 2009, No. 103 (Adj. Sess.), § 49; 2019, No. 30, § 21.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 69 - Real Estate Appraisers › § 3325. Reporting

§ 3325. Reporting
An appraiser who reports to the Director appraisal work that does not comply with the provisions of this chapter shall not be considered to have violated the ethics provision of the uniform standards of professional practice. (Added 1993, No. 217 (Adj. Sess.), § 16; amended 2019, No. 30, § 21.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 71 - Occupational Therapists and Occupational Therapy Assistants › § 3352. Prohibition; offenses

§ 3352. Prohibition; offenses
(a) No person shall practice or attempt to practice occupational therapy or hold himself or herself out as being able to do so in this State without first having obtained a license.
(b) No person shall use in connection with the person’s name any letters, words, or insignia indicating or implying that the person is an occupational therapist or occupational therapy assistant unless licensed in accordance with this chapter.
(c) A person who violates this section shall be subject to the penalties provided in 3 V.S.A. § 127(c). (Added 1993, No. 102, § 1; amended 2001, No. 151 (Adj. Sess.), § 34, eff. June 27, 2002; 2007, No. 29, § 50.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 71 - Occupational Therapists and Occupational Therapy Assistants › § 3353. Director of the Office of Professional Regulation; duties

§ 3353. Director of the Office of Professional Regulation; duties
(a) The Director shall:
(1) provide general information to applicants for licensure as occupational therapists or occupational therapy assistants;
(2) administer fees collected under this chapter;
(3) explain appeal procedures to occupational therapists, occupational therapy assistants, and applicants, and complaint procedures to the public;
(4) receive applications for licensure, license applicants under this chapter, renew licenses, and revoke, suspend, reinstate, or condition licenses as ordered by an administrative law officer; and
(5) refer all disciplinary matters to an administrative law officer.
(b) The Director of the Office of Professional Regulation, with the advice of the advisor appointees, may adopt rules necessary to perform the duties provided under this chapter. (Added 1993, No. 102, § 1; amended 1997, No. 40, § 49(a); 2001, No. 151 (Adj. Sess.), § 35, eff. June 27, 2002.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 71 - Occupational Therapists and Occupational Therapy Assistants › § 3354. Advisor appointees

§ 3354. Advisor appointees
(a) The Secretary shall appoint two occupational therapists or an occupational therapist and an occupational therapy assistant to serve as advisors in matters relating to occupational therapists and occupational therapy assistants. They shall be appointed as set forth in 3 V.S.A. § 129b and serve at the pleasure of the Secretary. One of the initial appointments shall be for less than a three-year term.
(b) Appointees shall have at least three years of experience as an occupational therapist during the period immediately preceding appointment and shall be actively practicing occupational therapy in Vermont and remain in good standing during incumbency.
(c) The Director shall seek the advice of the occupational therapists appointed under this section in carrying out the provisions of this chapter. These members shall be entitled to compensation and necessary expenses in the amount provided in 32 V.S.A. § 1010 for attendance at any meeting called by the Director for this purpose. (Added 1993, No. 102, § 1; amended 2007, No. 29, § 51.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 71 - Occupational Therapists and Occupational Therapy Assistants › § 3355. Eligibility

§ 3355. Eligibility
(a) To be eligible for licensure as an occupational therapist, an applicant:
(1) shall have successfully completed the academic requirements of an educational program for occupational therapists accredited by the American Occupational Therapy Association’s Accreditation Council for Occupational Therapy Education (ACOTE) or its predecessor or successor organizations;
(2) shall have successfully completed a period of supervised fieldwork experience required by the recognized educational institution where the applicant met the requirements set forth in subdivision (1) of this subsection; and
(3) shall pass an examination as provided in section 3357 of this title.
(b) To be eligible for licensure as an occupational therapy assistant, an applicant:
(1) shall have successfully completed the academic requirements of an educational program for occupational therapy assistants accredited by the American Occupational Therapy Association’s Accreditation Council for Occupational Therapy Education (ACOTE) or its predecessor or successor organizations;
(2) shall have successfully completed a period of supervised fieldwork experience required by the recognized educational institution where the applicant met the requirements set forth in subdivision (1) of this subsection; and
(3) shall pass an examination as provided in section 3357 of this title.
(c) Occupational therapist applicants must complete a minimum of 24 weeks of supervised fieldwork experience or satisfy any generally-recognized past standards that identified minimum fieldwork requirements at the time of graduation.
(d) Occupational therapy assistant applicants must complete a minimum of 16 weeks of supervised fieldwork experience or satisfy any generally-recognized past standards that identified minimum fieldwork requirements at the time of graduation. (Added 1993, No. 102, § 1; amended 2001, No. 151 (Adj. Sess.), § 36, eff. June 27, 2002.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 71 - Occupational Therapists and Occupational Therapy Assistants › § 3356. Application

§ 3356. Application
To apply for licensure as an occupational therapist or occupational therapy assistant, a person shall apply to the Director on a form furnished by the Director. The application shall be accompanied by payment of the specified fee and evidence of eligibility as requested by the Director. (Added 1993, No. 102, § 1; amended 2001, No. 151 (Adj. Sess.), § 37, eff. June 27, 2002.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 71 - Occupational Therapists and Occupational Therapy Assistants › § 3357. Examination

§ 3357. Examination
(a) Written examinations shall be conducted under this chapter by a nationally recognized credentialing body approved by the Director. Examinations shall be conducted at least twice a year, except that examinations need not be conducted when no one has applied to be examined.
(b) Examinations administered and the procedures of administration shall be fair and reasonable and shall be designed and implemented to ensure that all applicants are granted licensure if they demonstrate that they possess the minimal occupational qualifications that are necessary for the protection of the public health, safety, and welfare. The examination shall not be designed or implemented for the purpose of limiting the number of licensees. The Director, with the advice of the advisor appointees, shall establish, by rule, fixed criteria for passing the examination that shall apply to all persons taking the examination.
(c) The Director shall administer a written examination on the basic and clinical sciences relating to occupational therapy techniques and methods. Before selecting the examination, the Director shall consult the advisor appointees.
(d) The Director may authorize the use of independent testing services or others to assist in the administration of written examinations. (Added 1993, No. 102, § 1; amended 2001, No. 151 (Adj. Sess.), § 38, eff. June 27, 2002.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 71 - Occupational Therapists and Occupational Therapy Assistants › § 3358. Licensure without examination; waiver of educational requirement

§ 3358. Licensure without examination; waiver of educational requirement
(a) The Director may waive the examination requirement if the applicant is an occupational therapist or occupational therapy assistant regulated under the laws of another state, the District of Columbia, or territory of the United States, who is in good standing to practice occupational therapy in that state or territory, and, in the opinion of the Director, the standards and qualifications required for regulation of occupational therapy in that state or territory are currently at least equal to those required by this chapter. The Director may not waive any required period of supervised experience.
(b) The Director may waive the examination requirement if the applicant is certified prior to July 1, 1993 as a registered occupational therapist (OTR) or certified occupational therapy assistant (COTA), if, in the opinion of the Director, the standards and qualifications for such certification are at least equal to those required by this chapter.
(c) The Director may waive the educational requirement for licensure as an occupational therapist, if the applicant is recognized as a certified occupational therapist after having qualified for and passed an occupational therapist examination, and the Director determines that the examination so taken meets the requirements of section 3357 of this chapter. (Added 1993, No. 102, § 1; amended 2001, No. 151 (Adj. Sess.), § 39, eff. June 27, 2002.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 71 - Occupational Therapists and Occupational Therapy Assistants › § 3358a. Temporary licensure without examination

§ 3358a. Temporary licensure without examination
(a) A temporary license without examination for practice under the direction of an occupational therapist licensed in Vermont may be issued to a person who applies for the first time to practice occupational therapy in this State as an occupational therapist or as an occupational therapy assistant under section 3355 of this title and meets all other qualifications of that section.
(b) A temporary license may be issued only for the purpose of allowing a qualified applicant to practice as an occupational therapist or as an occupational therapy assistant until:
(1) the applicant takes the next examination provided by the Director of the Office of Professional Regulation under section 3357 of this title, and a determination is made of the applicant’s qualifications to practice in this State; or
(2) the necessary data for licensure without examination under section 3358 of this title is collected and ruled on by the Director of the Office of Professional Regulation.
(c) Temporary licenses shall be issued on payment of the specified fee for a fixed period of time to be determined by the Director of the Office of Professional Regulation, and shall not be renewed except by the Director of the Office of Professional Regulation, subject to proof of an exceptional cause shown by the applicant. (Added 2001, No. 151 (Adj. Sess.), § 40, eff. June 27, 2002.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 71 - Occupational Therapists and Occupational Therapy Assistants › § 3359. Renewals

§ 3359. Renewals
(a) Licenses shall be renewed every two years upon payment of the required fee, provided the person applying for renewal completes at least 20 hours of continuing competence requirements, approved by the Director, during the preceding two-year period. The Director, with the advice of the advisor appointees, shall establish, by rule, guidelines and criteria for continuing competence credit. The Director may waive the continuing competence requirement for the initial licensure period.
(b) Biennially, the Director shall forward a renewal form to each licensee. Upon receipt of the completed form and the renewal fee, the Director shall issue a new license.
(c) Any application for renewal of a license that has expired shall be accompanied by the renewal fee and late fee. A person shall not be required to pay renewal fees for years during which the license was lapsed.
(d) The Director may, after notice and opportunity for reinstatement hearing, revoke a person’s right to renew licensure if the license has lapsed for five or more years. (Added 1993, No. 102, § 1; amended 2001, No. 151 (Adj. Sess.), § 41, eff. June 27, 2002.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 71 - Occupational Therapists and Occupational Therapy Assistants › § 3362. Professional designation

§ 3362. Professional designation
Nothing in this chapter shall be construed to prohibit the use and incorporation into the title of an occupational therapist or occupational therapy assistant of a professional designation organization. (Added 1993, No. 102, § 1.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 73 - Dietitians › § 3381. Definitions

§ 3381. Definitions
As used in this chapter:
(1) “Academy of Nutrition and Dietetics” means the national professional organization of dietitians that provides direction and leadership for quality dietetic practice, education, and research.
(2) “Certified dietitian” means a person who is certified to practice dietetics under this chapter.
(3) “Commission on Dietetic Registration” means the Commission on Dietetic Registration that is a member of the National Commission for Certifying Agencies.
(4) “Dietetics” means advising and assisting individuals or groups on appropriate dietary intake by integrating information from the individual or group assessment with information of food and other sources of nutrients and meal preparation.
(5) “Director” means the Director of the Office of Professional Regulation.
(6) “Disciplinary action” means any action taken by an administrative law officer established under 3 V.S.A. § 129(j) against a certified dietitian or an applicant. It includes all sanctions of any kind, refusal to grant or renew certification, suspension or revocation of certification, issuing warnings, and other similar sanctions. (Added 1993, No. 103, § 1; amended 1997, No. 40, § 49; 2011, No. 116 (Adj. Sess.), § 55.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 73 - Dietitians › § 3382. Prohibition; penalty

§ 3382. Prohibition; penalty
(a) No person shall use in connection with the person’s name any letters, words, or insignia indicating or implying that the person is a certified dietitian unless the person is certified in accordance with this chapter.
(b) A person who violates this section shall be subject to the penalties provided in 3 V.S.A. § 127(c). (Added 1993, No. 103, § 1; amended 2007, No. 29, § 52.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 73 - Dietitians › § 3383. Director; duties

§ 3383. Director; duties
(a) The Director shall have the following duties:
(1) To provide general information to applicants for certification as dietitians.
(2) To explain appeal procedures to certified dietitians and applicants and complaint procedures to the public.
(3) To administer fees established by law.
(4) To receive applications for certification, issue certification to applicants qualified under this chapter, deny or renew certifications, and issue, revoke, suspend, condition, and reinstate certifications as ordered by an administrative law officer.
(5) To prepare and maintain a registry of certified dietitians.
(b) The Director, after consultation with the advisor appointees, may adopt rules necessary to perform the Director’s duties under this section. (Added 1993, No. 103, § 1; amended 1997, No. 40, § 49(a).)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 73 - Dietitians › § 3384. Advisor appointees

§ 3384. Advisor appointees
(a) The Secretary of State shall appoint two certified dietitians to serve as advisors in matters relating to dietitians. The advisors shall be appointed as set forth in 3 V.S.A. § 129b and serve at the pleasure of the Secretary. One of the initial appointments may be for less than a full term. Appointees shall not have less than three years’ experience as a dietitian immediately preceding appointment and shall be actively engaged in the practice of dietetics in Vermont during incumbency.
(b) The Director shall seek the advice of the dietitian advisors in carrying out the provisions of this chapter. Such advisor appointees shall be entitled to compensation and necessary expenses in the amount provided in 32 V.S.A. § 1010 for attendance at any meeting called by the Director for this purpose. (Added 1993, No. 103, § 1; amended 1997, No. 40, § 49(a); 2007, No. 29, § 53; 2009, No. 103 (Adj. Sess.), § 50.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 73 - Dietitians › § 3385. Eligibility

§ 3385. Eligibility
To be eligible for certification as a dietitian, an applicant:
(1) shall not be in violation of any of the provisions of this chapter or rule adopted in accordance with the provisions of the chapter; and
(2)(A) shall have proof of registration as a registered dietitian by the Commission on Dietetic Registration; or
(B) shall have:
(i) received a bachelor of arts or science or a higher degree in dietetics from an accredited college or university; and
(ii) satisfactorily completed a minimum of 900 practicum hours of supervision under an Academy of Nutrition and Dietetics dietitian registered by the Commission on Dietetic Registration; and
(iii) passed an examination to the satisfaction of the Director. (Added 1993, No. 103, § 1; amended 2011, No. 116 (Adj. Sess.), § 56.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 73 - Dietitians › § 3386. Examination

§ 3386. Examination
(a) The Director shall examine applicants for certification as dietitians at such times and places as the Director may determine. Each applicant shall be assigned a number so that the applicant’s name is not disclosed to the Director until after the examination has been graded.
(b) Examinations and examination procedures shall be fair and reasonable and shall be designed to ensure that all applicants are granted certification if they demonstrate that they possess the minimal occupational qualifications that are consistent with the public health, safety, and welfare. They shall not be designed or implemented for the purpose of limiting the number of certified persons.
(c) The Director shall administer a written examination on dietetics. Before selecting the examination, the Director shall consult the advisors appointed under section 3384 of this title.
(d) Applicants who are dietitians registered by the Commission on Dietetic Registration shall not be required to take the examination provided for under this section. (Added 1993, No. 103, § 1.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 73 - Dietitians › § 3387. Application

§ 3387. Application
A person who desires to be certified as a dietitian shall apply to the Director in writing, on a form furnished by the Director, accompanied by payment of the required fee and evidence that the applicant meets the requirements set forth in section 3385 of this chapter. (Added 1993, No. 103, § 1; 2019, No. 178 (Adj. Sess.), § 19, eff. Oct. 1, 2020.)