reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 15 - Electricians and Electrical Installations › § 908. Expiration and renewal of licenses; continuing education

§ 908. Expiration and renewal of licenses; continuing education
(a) All licenses expire on the last day of a month designated by the Board. A license shall be valid for three years. The Board shall renew the license of a person holding a valid license issued under this chapter on receipt of an application for renewal and the required fee on or before the expiration date of his license, except as provided in section 892 of this title.
(b) All journeyman and master electricians shall, as a condition of license renewal, complete 15 hours of instruction, approved by the Board, on the national electrical code during the preceding 36-month period. All holders of a type-S journeyman license shall, as a condition of renewal, complete eight hours of instruction, approved by the Board, on the subject of the license holder’s specialty during the preceding 36 months, except that holders of multiple type-S licenses shall not be required to complete more than 15 hours of instruction during the preceding 36 months. (Added 1969, No. 284 (Adj. Sess.), § 3; amended 1979, No. 121 (Adj. Sess.), § 8; 1987, No. 274 (Adj. Sess.), § 19; 1991, No. 234 (Adj. Sess.), § 8; 2001, No. 151 (Adj. Sess.), § 44f, eff. June 27, 2002; 2003, No. 63, § 77, eff. June 11, 2003.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 15 - Electricians and Electrical Installations › § 909. Revocation, suspension, and refusing of renewal of license

§ 909. Revocation, suspension, and refusing of renewal of license
The Board, after notice to the licensee and opportunity for hearing, may revoke or suspend a license issued under this chapter, or refuse to renew the license of a person who has made application for renewal:
(1) if the license was wrongfully or fraudulently obtained;
(2) if the licensee has violated or failed to comply with any provision of this chapter, or any rule, regulation, or requirement adopted under this chapter;
(3) if the licensee is found by the Board to be unqualified to hold the license. (Added 1969, No. 284 (Adj. Sess.), § 3.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 15 - Electricians and Electrical Installations › § 910. License not required

§ 910. License not required
A license shall not be required for the following types of work:
(1) Any electrical work, including construction, installation, operation, maintenance, and repair of electrical installations in, on, or about equipment or premises, that are owned or leased by the operator of any industrial or manufacturing plant, if the work is done under the supervision of an electrical engineer or master electrician in the employ of the operator.
(2) Installation in laboratories of exposed electrical wiring for experimental purposes only.
(3) Any electrical work by an owner or his or her regular employees in the owner’s freestanding single unit residence, in outbuildings accessory to such freestanding single unit residence, or any structure on owner-occupied farms.
(4) Electrical installations performed as a part of a training project of a vocational school or other educational institution. However, the installation shall be inspected if the building in which the installation is made is to be used as a “complex structure”.
(5) Electrical work performed by an electrician’s helper under the direct supervision of a person who holds an appropriate license issued under this chapter.
(6) Any electrical work in a building used for dwelling or residential purposes that contains no more than two dwelling units.
(7) Installation of solar electric modules and racking on complex structures to the point of connection to field-fabricated wiring and erection of net metered wind turbines. (Added 1969, No. 284 (Adj. Sess.), § 3; amended 1973, No. 146 (Adj. Sess.), § 3, eff. March 11, 1974; 1987, No. 274 (Adj. Sess.), § 20; 2009, No. 159 (Adj. Sess.), § 18d, eff. June 4, 2010.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 15 - Electricians and Electrical Installations › § 911. Penalty

§ 911. Penalty
Any person who installs, replaces, or repairs any electrical installation except as provided in sections 882 and 910 of this title, without first obtaining an appropriate license under this subchapter, or employs a person to make any electrical installation for which he or she is not properly licensed under this chapter, or procures any license wrongfully or by fraud, shall be fined not more than $500.00 for each offense. (Added 1969, No. 284 (Adj. Sess.), § 3; amended 1987, No. 274 (Adj. Sess.), § 21.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 15 - Electricians and Electrical Installations › § 913. License fees and licenses

§ 913. License fees and licenses
All licenses shall be issued by the Chair of the Board. (Added 1969, No. 284 (Adj. Sess.), § 3; amended 1975, No. 118, § 77; 1999, No. 49, § 144.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 15 - Electricians and Electrical Installations › § 914. Members of Board; per diem and expenses

§ 914. Members of Board; per diem and expenses
Each appointed member of the Board is entitled to a per diem and expenses as provided in 32 V.S.A. § 1010. (Added 1969, No. 284 (Adj. Sess.), § 3; amended 1987, No. 274 (Adj. Sess.), § 22.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 15 - Electricians and Electrical Installations › § 915. Employment of inspectors; appropriation

§ 915. Employment of inspectors; appropriation
The Department of Public Safety is authorized to employ inspectors as necessary for carrying out the responsibilities of the Commissioner under section 893 of this title. (Added 1969, No. 284 (Adj. Sess.), § 3; amended 1979, No. 121 (Adj. Sess.), § 9; 1999, No. 49, § 145; 2003, No. 141 (Adj. Sess.), § 10c, eff. April 1, 2005.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 19 - Property Inspectors › § 1051. Purpose and effect

§ 1051. Purpose and effect
In order to safeguard the life and health of the people of this State, no person shall practice, or offer to practice, property inspecting unless currently licensed under this chapter. (Added 2013, No. 136 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 19 - Property Inspectors › § 1052. Definitions

§ 1052. 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 property inspecting.
(3) “Practice of property inspecting” means performing or offering to perform for the public for a fee or other compensation services involving the physical inspection of real property structures and other improvements in order to evaluate the condition of the property, including any safety issues or material defects.
(4) “Property inspector” means a person who is licensed under this chapter to engage in the practice of property inspecting. (Added 2013, No. 136 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 19 - Property Inspectors › § 1053. Prohibitions; offenses

§ 1053. Prohibitions; offenses
(a) It shall be a violation of this chapter for any person to:
(1) sell or fraudulently obtain or furnish any property inspector degree, diploma, certificate of registration, license, or any other related document or record or to aid or abet in so doing;
(2) practice property inspecting 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 property inspecting unless currently licensed to do so under the provisions of this chapter;
(4) represent himself or herself as being licensed by this State to practice property inspecting or use in connection with a name any words, letters, signs, or figures that imply that a person is a property inspector when not licensed or otherwise authorized under this chapter; or
(5) practice property inspecting during the time a license or authorization 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. (Added 2013, No. 136 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 19 - Property Inspectors › § 1054. Exceptions

§ 1054. Exceptions
This chapter does not prohibit:
(1) the practice of property inspection that is incidental to his or her program of study by a person enrolled in a property inspection training program approved by the Director; or
(2) the practice of any other occupation or profession by a person duly licensed or otherwise authorized under the laws of this State. (Added 2013, No. 136 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 19 - Property Inspectors › § 1071. Duties of the Director

§ 1071. Duties of the Director
(a) The Director shall:
(1) provide general information to applicants for licensure as property inspectors;
(2) receive applications for licensure and issue 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 property inspectors 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 and may adopt rules establishing standards of practice for the profession. (Added 2013, No. 136 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 19 - Property Inspectors › § 1072. Advisor appointees

§ 1072. Advisor appointees
(a) The Secretary of State shall appoint two property inspectors for five-year staggered terms to serve at the Secretary’s pleasure as advisors in matters relating to property inspection. One of the initial appointments may be for less than a five-year term.
(b) An appointee shall have not less than five years’ experience as a property inspector immediately preceding appointment, shall be licensed as a property inspector in Vermont, and shall be actively engaged in the practice of property inspecting in this State during incumbency.
(c) The Director shall seek the advice of the property inspector advisors in carrying out the provisions of this chapter. (Added 2013, No. 136 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 19 - Property Inspectors › § 1091. Eligibility for licensure

§ 1091. Eligibility for licensure
(a) Each applicant for licensure as a property inspector shall meet the following minimum requirements:
(1) Be at least 18 years of age and have successfully completed high school or its equivalent.
(2) Complete no less than 80 hours of education approved by the Director covering all of the following real property core components:
(A) heating systems;
(B) cooling systems;
(C) plumbing systems;
(D) electrical systems;
(E) structural components;
(F) foundations;
(G) roof coverings;
(H) exterior and interior components; and
(I) site aspects as they affect the building.
(3) Pass an examination required for licensure. The Director shall identify by rule an eligibility examination required for licensure that is an independent, nationally recognized proctored examination.
(4) [Repealed.]
(b) Proof of certification issued by an independent, nationally recognized organization that provides certification for property inspectors satisfies the eligibility requirements set forth in subdivisions (a)(2) and (3) of this section. The Director shall identify by rule acceptable organizations for certification. The Director shall issue a license to practice to any person who in addition to the requirements of subdivision (a)(1) of this section is certified by an acceptable organization identified by the Director. (Added 2013, No. 136 (Adj. Sess.), § 2; amended 2015, No. 38, § 6, eff. May 28, 2015.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 19 - Property Inspectors › § 1092. License renewal

§ 1092. License renewal
(a) A license shall be renewed every two years on a schedule determined by the Director upon application and payment of the required fee. Failure to comply with the provisions of this section shall result in suspension of all privileges granted to the licensee, beginning on the expiration date of the license.
(b) A license that has lapsed may be renewed upon payment of the biennial renewal fee and the late renewal penalty.
(c) 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 five years as a property inspector 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 2013, No. 136 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 19 - Property Inspectors › § 1093. Applications

§ 1093. 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 2013, No. 136 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 19 - Property Inspectors › § 1094. Licensure generally

§ 1094. 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 2013, No. 136 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 20 - Professional Engineering › § 1161. Definitions

§ 1161. Definitions
As used in this chapter:
(1) “Board” means the Board of Professional Engineering.
(2) “Professional engineering” means any service or creative work, the adequate performance of which requires engineering education, training, and experience in the application of special knowledge of the mathematical, physical, and engineering sciences and the principles and methods of engineering analysis and design acquired by engineering education and engineering experience, insofar as the service or work involves safeguarding life, health, or property. This includes consultation, investigation, evaluation, planning, and design of engineering works and systems, planning the use of land, air, and water and accomplishing engineering surveys and studies, any of which embraces such services or work, either public or private, in connection with any utilities, structures, buildings, machines, equipment, processes, work systems, control systems, fire protection systems, communication systems, transportation systems, projects, and equipment systems of a mechanical, electrical, hydraulic, pneumatic, chemical, or thermal nature.
(3) “Financial interest” means being:
(A) a licensed professional engineer;
(B) a person who deals in goods and services that are uniquely related to the practice of engineering; or
(C) a person who has invested anything of value in a business that provides engineering services.
(4) “Instruments of service” means project deliverables, such as reports, specifications, drawings, plans, construction documents, or engineering surveys, that have been prepared under the licensee’s responsible charge.
(5) “Practice of professional engineering” means providing, attempting to provide, or offering to provide professional engineering services.
(6) A professional engineer in “private practice” means a professional engineer who owns, operates, or is employed by a business entity that derives a substantial part of its income from providing professional engineering services to the public.
(7) “Professional engineer” means a person licensed under this chapter.
(8) “Responsible charge” means direct control and personal supervision of engineering work.
(9) “Specialty discipline” means that area of professional engineering recognized by the Board as the area of expertise and practice for which a license is granted.
(10) “State” includes the United States, the District of Columbia, Puerto Rico, Guam, and the U.S. Virgin Islands.
(11) “Unauthorized practice” means conduct prohibited by section 1162 of this chapter and not exempted by section 1163 of this chapter. (Added 1983, No. 188 (Adj. Sess.), § 2; amended 1991, No. 167 (Adj. Sess.), § 24; 2009, No. 35, § 13; 2013, No. 27, § 4.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 20 - Professional Engineering › § 1162. Prohibition; enforcement

§ 1162. Prohibition; enforcement
(a) No person shall engage in the practice of professional engineering in this State unless the person is licensed under or exempt from this chapter.
(b) No person shall use in connection with the person’s name any letters, words, or insignia, including “Professional Engineer,” “P.E.,” “PE,” or “P.Eng.,” indicating that the person is a professional engineer unless the person is licensed in accordance with this chapter.
(c) A person found guilty of violating this section shall be subject to penalties provided in 3 V.S.A. § 127(c). In addition to the power of criminal enforcement, the Attorney General, a State’s Attorney, or a prosecuting attorney from the Office of Professional Regulation may bring a civil action to restrain continuing violations of this section. (Added 1983, No. 188 (Adj. Sess.), § 2; amended 2007, No. 29, § 21; 2009, No. 35, § 14; 2013, No. 27, § 5.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 20 - Professional Engineering › § 1163. Exemptions

§ 1163. Exemptions
(a) Persons exempt. Section 1162 of this chapter does not prohibit acts constituting the practice of engineering performed as a necessary part of the duties of:
(1) an officer or employee of the federal government;
(2) an officer or a full-time employee of the State;
(3) an officer or full-time employee of a municipality;
(4) certain classes of licensed potable water supply and wastewater system designers, as designated by rule of the Secretary of Natural Resources, who design supplies or systems with a design flow of up to 1,350 gallons per day and who are licensed under 10 V.S.A. chapter 64;
(5) an officer or employee of a corporation in interstate communications as defined in the act of Congress entitled “Communications Act of 1934” or of a telephone company under the supervision and regulation of the Public Utility Commission;
(6) an employee or subordinate of a professional engineer, provided the engineering work is done under the responsible charge of, and verified by, the professional engineer; or
(7) students of engineering acting under the supervision of a professional engineer.
(b) Other professions. Section 1162 of this chapter does not prohibit acts constituting the practice of any other legally recognized profession or occupation.
(c) Purposes exempt. Section 1162 of this chapter does not prohibit any person from performing acts constituting the practice of engineering for the purpose of:
(1) engineering of a manufactured product;
(2) engineering of a building that is not a public building as defined in 20 V.S.A. § 2730;
(3) engineering a building that contains only one, two, or three dwelling units and any outbuilding accessory to those units;
(4) [Repealed.]
(5) engineering of recreational trails and trail-related structures by a nonprofit organization whose trails have been recognized by the Agency of Natural Resources as part of the Vermont trails system; provided such organization purchases and maintains liability insurance in the amount required by law or under a contract with the State of Vermont, but in no event in an amount that is less than $100,000.00.
(d), (e) [Repealed.] (Added 1983, No. 188 (Adj. Sess.), § 2; amended 1987, No. 76, § 18; 1991, No. 167 (Adj. Sess.), § 66(8); 1995, No. 175 (Adj. Sess.), § 1; 2001, No. 133 (Adj. Sess.), §§ 10, 11, eff. June 13, 2002; 2009, No. 35, §§ 15, 41; 2013, No. 27, § 6.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 20 - Professional Engineering › § 1171. Board of Professional Engineering

§ 1171. Board of Professional Engineering
(a) The Board of Professional Engineering is created, consisting of six members who are residents of this State. The Board shall be attached to the Office of Professional Regulation.
(b) One member of the Board shall be a member of the public who has no financial interest in engineering other than as a consumer or possible consumer of its services. The member shall have no financial interest personally or through a spouse.
(c) Five members of the Board shall be licensed professional engineers:
(1) Membership under this subsection shall include one civil engineer, one mechanical engineer, one structural engineer, one electrical engineer, and one engineer from among all specialty disciplines licensed by the Board.
(2) Membership under this subsection shall include at least three engineers in private practice.
(3) Of the five professional members appointed under this subsection, at the time of appointment, three persons shall have been engaged in the practice of professional engineering for at least 12 years.
(d) Board members shall be appointed by the Governor in accordance with 3 V.S.A. §§ 129b and 2004. The Governor shall request nominations from the various State engineering societies and may request nominations from other sources, but shall not be bound to select members from among the persons nominated. (Added 1983, No. 188 (Adj. Sess.), § 2; amended 1989, No. 250 (Adj. Sess.), § 4(d); 2005, No. 27, § 37; 2005, No. 148 (Adj. Sess.), § 11; 2007, No. 29, § 22; 2007, No. 163 (Adj. Sess.), § 10; 2013, No. 27, § 7.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 20 - Professional Engineering › § 1172. Powers and duties

§ 1172. Powers and duties
(a) The Board shall adopt rules necessary for the performance of its duties, including:
(1) a list of recognized engineering specialty disciplines;
(2) qualifications for obtaining licensure, interpreting sections 1182a and 1182b of this chapter;
(3) explanations of appeal and other significant rights given to licensees, applicants, and the public; and
(4) procedures for disciplinary and reinstatement cases.
(b) The Board shall:
(1) offer examinations to qualified applicants for licensing;
(2) use administrative services provided by the Office of Professional Regulation under 3 V.S.A. chapter 5;
(3) investigate suspected unprofessional conduct; and
(4) have general responsibility for ensuring that professional engineering services available in this State are of uniformly good quality and take suitable action, within the scope of its powers, to solve or bring public and professional attention to any problem which it finds in this area.
(c) The Board may:
(1) establish or approve continuing education programs or other methods of allowing licensees to maintain continued competency;
(2) conduct hearings;
(3) administer oaths and at the request of any party issue subpoenas;
(4) issue orders relating to discovery in the same manner as a judge under the Vermont Rules of Civil Procedure, which may be enforced under 3 V.S.A. § 809b;
(5) adopt rules relating to the procedures to be followed in hearings held under this chapter;
(6) receive assistance from and refer suspected unauthorized practice to the Attorney General; and
(7) request the Attorney General to obtain injunctions to restrain unprofessional conduct. (Added 1983, No. 188 (Adj. Sess.), § 2; amended 1989, No. 250 (Adj. Sess.), § 4(d); 1999, No. 52, § 11; 2013, No. 27, § 8.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 20 - Professional Engineering › § 1176. Fees

§ 1176. Fees
Applicants and persons regulated under this chapter shall pay the following fees:
(1) Application for engineering license or application to add additional specialty discipline $115.00
(2) Application for engineer intern certificate $60.00
(3) Biennial license renewal $175.00
(4) [Repealed.] (Added 1983, No. 188 (Adj. Sess.), § 2; amended 1989, No. 250 (Adj. Sess.), § 33; 1991, No. 167 (Adj. Sess.), § 25; 1993, No. 108 (Adj. Sess.), § 3; 1997, No. 59, § 53, eff. June 30, 1997; 1999, No. 49, § 175; 2001, No. 143 (Adj. Sess.), § 23, eff. June 21, 2002; 2005, No. 202 (Adj. Sess.), § 12; 2007, No. 29, § 23; 2009, No. 47, § 9; 2013, No. 27, § 9; 2013, No. 191 (Adj. Sess.), § 13; 2019, No. 70, § 16; 2023, No. 77, § 25, eff. June 20, 2023.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 20 - Professional Engineering › § 1181a. Engineer interns

§ 1181a. Engineer interns
(a) An engineer intern certification shall be issued by the Board to recognize those persons who have completed preliminary steps toward becoming licensed as a professional engineer. Engineer interns are not authorized to practice professional engineering.
(b) The minimum qualifications for certification by the Board as an engineer intern are as follows:
(1) a bachelor’s degree in engineering or in engineering technology or six years or more of progressive engineering experience of a grade and character acceptable to the Board; and
(2) a passing score set by Board rule on a fundamentals of engineering examination recognized by Board rule and taken in the State of Vermont.
(c) Upon satisfaction of the minimum qualifications set forth in subsection (b) of this section, the Board shall issue a certificate as an engineer intern. The certificate shall have no expiration date and no renewal fees.
(d) The use of the titles “Engineer Intern” and “E.I.” in Vermont is restricted to those persons certified as engineer interns by the Board or by an equivalent board in another state. An engineer intern certified by an equivalent board in another state shall be recognized as an engineer intern by the Board without further application or examination. (Added 2013, No. 27, § 10.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 20 - Professional Engineering › § 1182b. License and specialty disciplines

§ 1182b. License and specialty disciplines
(a) Upon determining that an applicant is qualified for licensure in one or more specialty disciplines under section 1182a of this subchapter, the Board shall issue a license indicating the specialty discipline or disciplines.
(b) Upon determining that an existing licensee is qualified by application in an additional specialty discipline under section 1182a of this subchapter, the Board shall issue a license to the licensee indicating all specialty disciplines.
(c) Licenses issued under this chapter shall be renewed biennially. (Added 2013, No. 27, § 12.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 20 - Professional Engineering › § 1183. License renewal

§ 1183. License renewal
(a) Licenses shall be renewed every two years without examination and on payment of the required fees. However, by rule, the Board may establish a continuing education requirement. If the Board establishes a continuing education requirement and a licensee fails to demonstrate compliance with that requirement, it may deny or condition renewal, after opportunity for hearing.
(b) Following expiration of a license, it may be reinstated upon payment of a renewal fee and a late renewal penalty. A licensee shall not be required to pay renewal fees during periods when the license was expired.
(c) [Repealed.] (Added 1983, No. 188 (Adj. Sess.), § 2; amended 2013, No. 27, § 13.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 20 - Professional Engineering › § 1188. Seal

§ 1188. Seal
(a) Each licensee shall obtain a seal of a design approved by the Board by rule.
(b) Plans, specifications, reports, and other instruments of service issued by a licensee shall be signed and sealed by the licensee.
(c) A person who affixes to a plan or other document the seal of a licensee without the licensee’s authorization shall be fined not more than $1,000.00 or imprisoned not more than 30 days, or both. (Added 1983, No. 188 (Adj. Sess.), § 2; amended 2013, No. 27, § 14.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 20 - Professional Engineering › § 1191. Unprofessional conduct

§ 1191. Unprofessional conduct
(a) Unprofessional conduct is the conduct prohibited by this section, by 3 V.S.A. § 129a, or by other statutes relating to engineering.
(b) [Repealed.]
(c) Unprofessional conduct includes any of the following actions by a licensee:
(1) failing to make available, upon the timely request of a person using engineering services, copies of instruments of service in the possession or under the control of the licensee, when those instruments of service have been prepared for and paid for by the user of services;
(2) signing or sealing instruments of service for which the engineer is not in responsible charge, or negligently allowing use of the engineer’s professional stamp on such an instrument;
(3) [Repealed.]
(4) accepting and performing engineering responsibilities that the licensee knows or has reason to know that he or she is not competent to perform;
(5) making any material misrepresentation in the practice of engineering, whether by commission or omission;
(6) agreeing with any other person or organization, or subscribing to any code of ethics or organizational bylaws, when the intent or primary effect of that agreement, code, or bylaw is to restrict or limit the flow of information concerning alleged or suspected unprofessional conduct to the Board;
(7) failing to supervise adequately employees and subordinates under the licensee’s responsible charge who are engaged in the practice of professional engineering;
(8) accepting and performing engineering responsibilities that are outside the scope of engineering specialties held by the licensee;
(9) failing to protect the trust of engineering clients;
(10) failing to hold public health and safety above all other considerations in the practice of professional engineering;
(11) engaging in dishonorable or unethical conduct in the practice of professional engineering of a character likely to deceive, defraud, or harm the public; or
(12) failing to report to the Board knowledge of a perceived violation of this statute or the Board’s rule by another professional engineer licensed in this State. (Added 1983, No. 188 (Adj. Sess.), § 2; amended 1989, No. 250 (Adj. Sess.), § 34; 1997, No. 145 (Adj. Sess.), § 37; 2013, No. 27, § 15.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 21 - Funeral Services › § 1212. Advisor appointees; Director duties; rules

§ 1212. Advisor appointees; Director duties; rules
(a)(1) The Secretary of State shall appoint four persons for five-year staggered terms to serve at the Secretary’s pleasure as advisors in matters relating to funeral service. Three of the initial appointments shall be for four-, three-, and two-year terms. Appointees shall include three licensed funeral directors, one of whom is a licensed embalmer and one of whom has training or experience in the operation of a disposition facility. One appointee shall be a public member.
(2) The Director shall seek the advice of the advisor appointees in carrying out the provisions of this chapter.
(b) The Director shall:
(1) adopt rules establishing requirements for facilities used for embalming and preparation of dead human bodies, including the use of universal precautions. Rules adopted under this subdivision shall be submitted to the Commissioner of Health before the proposed rule is filed with the Secretary of State under 3 V.S.A. chapter 25;
(2) adopt rules governing professional standards, standards for disclosure of prices, and a description of the goods and services that will be provided for those prices not inconsistent with Federal Trade Commission regulations regarding funeral industry practices and unfair or deceptive business practices;
(3) provide general information to applicants for licensure;
(4) explain appeal procedures to licensees and applicants and complaint procedures to the public;
(5) issue licenses to qualified applicants under this chapter; and
(6) adopt rules regarding:
(A) minimum standards for disposition facilities, including standards for permits and documentation, body handling, containers, infectious diseases, pacemakers, body storage, sanitation, equipment and maintenance, dealing with the public, and other measures necessary to protect the public; and
(B) the transaction of business as the Director deems necessary.
(7) [Repealed.]
(8) [Repealed.] (Amended 1969, No. 239 (Adj. Sess.), § 9; 1973, No. 236 (Adj. Sess.), § 4; 1991, No. 219 (Adj. Sess.), § 3, eff. May 28, 1992; 1995, No. 138 (Adj. Sess.), § 1; 1997, No. 40, § 22; 2001, No. 151 (Adj. Sess.), § 11, eff. June 27, 2002; 2005, No. 27, § 38; 2009, No. 35, § 16; 2017, No. 144 (Adj. Sess.), § 15; 2021, No. 169 (Adj. Sess.), § 20, eff. January 1, 2023.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 21 - Funeral Services › § 1213. Inspection of premises

§ 1213. Inspection of premises
(a) The Director or his or her designee may, at any reasonable time, inspect funeral establishments and disposition facilities.
(b) Each funeral establishment and disposition facility shall be inspected at least once every two years. Copies of the inspector’s report of inspections of establishments and facilities shall be provided to the Director. (Amended 1969, No. 239 (Adj. Sess.), § 10; 1973, No. 236 (Adj. Sess.), § 4; 1995, No. 138 (Adj. Sess.), § 2; 2001, No. 151 (Adj. Sess.), § 12, eff. June 27, 2002; 2005, No. 27, § 39; 2017, No. 144 (Adj. Sess.), § 15; 2021, No. 169 (Adj. Sess.), § 21, eff. January 1, 2023.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 21 - Funeral Services › § 1215. Penalties; jurisdiction of offenses

§ 1215. Penalties; jurisdiction of offenses
(a) A person who engages in the practice of funeral services without a license shall be subject to the penalties provided in 3 V.S.A. § 127.
(b) A person shall not embalm or introduce any fluid into a dead human body unless the person is a licensed embalmer or is an apprentice and performs under the direction of an embalmer in his or her presence. A person who is not duly licensed as provided in this chapter shall not practice or hold himself or herself out to the public as a practicing embalmer; a person who does so shall be subject to the penalties provided in 3 V.S.A. § 127. (Amended 1965, No. 194, § 10, operative Feb. 1, 1967; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1995, No. 138 (Adj. Sess.), § 7; 2007, No. 29, § 24; 2009, No. 35, § 17; 2017, No. 144 (Adj. Sess.), § 15.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 21 - Funeral Services › § 1216. Construction

§ 1216. Construction
(a) Nothing herein shall be construed as meaning that a licensed funeral establishment shall not have the right to prepare at the residence or place of death or some place approved by the local board of health a dead human body for burial.
(b) Nothing in this chapter shall be construed to prevent a funeral director licensed in another state from performing the duties of a funeral director in this State provided a licensed funeral director in this State is granted similar powers in such other state.
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 21 - Funeral Services › § 1251. License requirements

§ 1251. License requirements
(a) A person, partnership, corporation, association, or other organization shall not open or maintain a funeral establishment unless the establishment is licensed by the Office to conduct the business and unless the owner, a co- owner, or manager is a licensed funeral director.
(b) A person, partnership, corporation, association, or other organization shall not open or maintain a disposition facility unless the establishment is licensed by the Office.
(c) A person shall not hold himself or herself out as performing the duties of a funeral director unless licensed by the Office.
(d) Except as otherwise permitted by law, a person employed by a funeral establishment or disposition facility shall not perform a removal unless registered with the Office. (Amended 1959, No. 224, § 4; 1969, No. 239 (Adj. Sess.), § 11; 1973, No. 236 (Adj. Sess.), § 4; 2001, No. 151 (Adj. Sess.), § 14, eff. June 27, 2002; 2005, No. 27, § 40; 2017, No. 144 (Adj. Sess.), § 15; 2021, No. 169 (Adj. Sess.), § 22, eff. January 1, 2023.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 21 - Funeral Services › § 1253. Examinations

§ 1253. Examinations
An applicant for a funeral director’s or embalmer’s license shall be examined as the Director may require by rule. (Amended 1959, No. 224, § 6; 1969, No. 239 (Adj. Sess.), § 13; 2009, No. 35, § 19; 2017, No. 144 (Adj. Sess.), § 15.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 21 - Funeral Services › § 1254. Issuance or denial of license

§ 1254. Issuance or denial of license
If, upon review, it is found that the applicant possesses sufficient skill and knowledge of the business and has met the application and qualification requirements set forth in this chapter, the Director shall issue to him or her a license to engage in the business of funeral director, embalmer, funeral establishment, disposition facility, or removal personnel. (Amended 1959, No. 224, § 7; 1989, No. 250 (Adj. Sess.), § 36; 2001, No. 151 (Adj. Sess.), § 16, eff. June 27, 2002; 2005, No. 27, § 42; 2007, No. 76, § 5; 2009, No. 35, § 20; 2017, No. 144 (Adj. Sess.), § 15; 2021, No. 169 (Adj. Sess.), § 24, eff. January 1, 2023.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 21 - Funeral Services › § 1256. Renewal of registration or license

§ 1256. Renewal of registration or license
(a) Biennially, every licensee shall renew his or her or its registration or license by paying the required fee.
(b) Upon request of the Department of Health or a person authorized to issue burial or removal permits, a licensee shall show proof of current licensure.
(c) [Repealed.]
(d) Applicants and persons regulated under this chapter shall pay the following fees:
(e)(1) In addition to the provisions of subsection (a) of this section, an applicant for renewal as a funeral director or embalmer shall have satisfactorily completed continuing education as required by the Director.
(2) For purposes of this subsection, the Director shall require, by rule, not less than six nor more than ten hours of approved continuing education as a condition of renewal and may require up to three hours of continuing education for removal personnel in the subject area of universal precautions and infectious diseases. (Amended 1959, No. 224, §§ 8, 9; 1969, No. 239 (Adj. Sess.), § 14; 1973, No. 236 (Adj. Sess.), § 4; 1989, No. 250 (Adj. Sess.) § 37; 1991, No. 167 (Adj. Sess.), § 29; 1991, No. 219 (Adj. Sess.), § 4, eff. May 28, 1992; 1995, No. 138 (Adj. Sess.), § 10; 1999, No. 49, § 176; 2001, No. 143 (Adj. Sess.), § 24, eff. June 21, 2002; 2001, No. 151 (Adj. Sess.), § 17, eff. June 27, 2002; 2005, No. 27, § 43; 2005, No. 148 (Adj. Sess.), § 12; 2007, No. 76, § 4; 2009, No. 35, § 21; 2011, No. 33, § 3; 2013, No. 191 (Adj. Sess.), § 14; 2017, No. 144 (Adj. Sess.), § 15; 2017, No. 144 (Adj. Sess.), § 16, eff. June 1, 2023; 2021, No. 169 (Adj. Sess.), § 25, eff. January 1, 2023; 2023, No. 53, § 125, eff. June 8, 2023.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 21 - Funeral Services › § 1257. Unprofessional conduct

§ 1257. Unprofessional conduct
(a) A licensee shall not engage in unprofessional conduct.
(b) Unprofessional conduct means the following conduct and conduct set forth in 3 V.S.A. § 129a:
(1) Using dishonest or misleading advertising.
(2) Failure to make available, upon request of a person who had received services, copies of documents in the possession or under the control of the practitioner.
(3) Failure to comply with rules adopted by the Director, the Office, or by the Federal Trade Commission relating to funeral goods and services.
(4) For funeral directors, failure to make available at the licensee’s place of business, by color picture or display, the three least expensive caskets, as available. For the purposes of this section and related administrative rules, the three least expensive caskets shall include one cloth, one metal, and one wood casket.
(c) [Repealed.]
(d) [Repealed.]
(e) [Repealed.] (Amended 1969, No. 239 (Adj. Sess.), § 15; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1973, No. 236 (Adj. Sess.), § 4; 1995, No. 138 (Adj. Sess.), § 3; 1997, No. 40, § 22c; 1997, No. 145 (Adj. Sess.), § 38; 1999, No. 133 (Adj. Sess.), § 14; 2001, No. 151 (Adj. Sess.), § 18, eff. June 27, 2002; 2005, No. 27, § 44; 2017, No. 144 (Adj. Sess.), § 15.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 21 - Funeral Services › § 1271. Prepaid arrangements

§ 1271. Prepaid arrangements
A funeral establishment that sells services or merchandise that is not to be delivered or provided within 30 days of sale has entered into a prepaid funeral arrangement and shall comply with the requirements of this subchapter. (Added 1991, No. 219 (Adj. Sess.), § 5, eff. Jan. 1, 1993; amended 2013, No. 138 (Adj. Sess.), § 8.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 21 - Funeral Services › § 1273. Written agreements

§ 1273. Written agreements
(a) Each prepaid funeral arrangement shall be expressed in a written contract. The Director shall adopt rules for standard provisions to be included in all pre-need trust forms and may adopt a standard form that every funeral director accepting prepaid funeral arrangements shall use. Those provisions shall include:
(1) Disclosure of whether the contract is revocable or irrevocable.
(2) A declaration of the person who will most likely be responsible for the funeral and who is to be notified of the prepaid funeral.
(3) Any other provision determined by the Director to be reasonably necessary to ensure full disclosure to the buyer of all prepaid funeral arrangements as required under this chapter.
(b) The contract shall itemize the funeral services and merchandise to be provided. At the time of performance, if the itemized merchandise is no longer reasonably available, the funeral director may substitute merchandise similar in style and at least equal in quality of material and workmanship. (Added 1991, No. 219 (Adj. Sess.), § 5, eff. Jan. 1, 1993; amended 1995, No. 138 (Adj. Sess.), § 9; 2009, No. 35, § 23; 2017, No. 144 (Adj. Sess.), § 15.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 21 - Funeral Services › § 1274. Transfer of contracts and assets

§ 1274. Transfer of contracts and assets
(a) A buyer of prepaid funeral arrangements may transfer a revocable or irrevocable contract and assets to another funeral director under similar arrangements, in Vermont or outside. The funeral director who originated the contract may charge the buyer a transfer fee of no more than five percent of the principal amount of the assets.
(b) A funeral director shall transfer a contract and assets to another funeral director if any of the following events occur:
(1) The funeral director’s business is sold.
(2) The funeral director becomes insolvent or bankrupt.
(3) The funeral director ceases to do business. Before transferring a contract and assets under this subsection, the funeral director shall notify the buyer of the director’s intent to make such a transfer, and the buyer may choose the funeral director to whom the contract and assets will be transferred.
(c) If a buyer of a prepaid funeral arrangement defaults in making payments required under the terms of the contract, or if the buyer or the person responsible for making funeral arrangements for the deceased beneficiary fails to have the funeral director provide services, the funeral director may retain up to five percent of the amount in the escrow account at the time of default. The escrow agent shall pay the amount retained to the funeral director and the balance to the buyer when the funeral director gives written notice of default.
(d) The assets held in an escrow account, including any earnings on the assets, shall not be available to the funeral director and shall be exempt from levy or execution for the debts of the funeral director, except as otherwise provided in this subchapter. (Added 1991, No. 219 (Adj. Sess.), § 5, eff. Jan. 1, 1993.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 21 - Funeral Services › § 1275. Duties of escrow agents

§ 1275. Duties of escrow agents
(a) An escrow agent appointed in accordance with the provisions of this subchapter shall maintain funds in an escrow account intact, unless commingled in a single account with other such funds, or until the services contracted for are performed, and the merchandise delivered, the buyer defaults, or the contract and assets are transferred under section 1274 of this title. When the funeral director submits a death certificate and acknowledgment that the contract has been performed, the escrow agent shall pay to the funeral director the amount deposited and all income earned thereon and retained in the account. The certificate and affidavit shall be sufficient to authorize the escrow agent, acting alone, to make such payment without liability to any other person.
(b) If, for any reason, the funeral director fails promptly to meet his or her obligation under the contract upon the death of the beneficiary, the next of kin or personal representative of the deceased person, having provided for such services, may receive from the escrow agent the amount of money in the escrow account. An affidavit that states that services have been performed or property delivered, signed by the next of kin or personal representative and the funeral director who has provided such services, shall be sufficient to authorize the escrow agent, acting alone, to make such payment without liability to any other person. Nothing contained in this section shall excuse nonperformance by a funeral director. (Added 1991, No. 219 (Adj. Sess.), § 5, eff. Jan. 1, 1993.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 21 - Funeral Services › § 1276. Embalming fluids and compounds; sale or use; prohibition

§ 1276. Embalming fluids and compounds; sale or use; prohibition
The sale or use for embalming purposes of any fluid containing arsenic, zinc, mercury, copper, lead, silver, antimony, chloral, or cyanogen, or of any compound containing any of these, or any poisonous alkaloid, shall be prohibited, and all brands of embalming compounds used within the State shall be tested and approved under direction of the Department of Health. (Added 2009, No. 35, § 24; amended 2023, No. 53, § 126, eff. June 8, 2023.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 21 - Funeral Services › § 1277. Suspicious cases

§ 1277. Suspicious cases
A person shall not embalm or introduce any fluid into a body of a person who has died under suspicious circumstances or when a criminal cause of death is suspected until after a legal investigation has determined the facts. An embalmer shall forthwith report any such case to the office of the Chief Medical Examiner and obtain permission to embalm the body. (Added 2009, No. 35, § 25.)