reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 103 - Notaries Public › § 5369. Official stamp

§ 5369. Official stamp
The official stamp of a notary public shall:
(1) include the notary public’s name, jurisdiction, and other information required by the Office; and
(2) be capable of being copied together with the record to which it is affixed or attached or with which it is logically associated. (Added 2017, No. 160 (Adj. Sess.), § 1, eff. July 1, 2019.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 103 - Notaries Public › § 5370. Stamping device

§ 5370. Stamping device
(a) A notary public is responsible for the security of the notary public’s stamping device and shall not allow another individual to use the device to perform a notarial act.
(b) If a notary public’s stamping device is lost or stolen, the notary public or the notary public’s personal representative or guardian shall notify promptly the Office on discovering that the device is lost or stolen. (Added 2017, No. 160 (Adj. Sess.), § 1, eff. July 1, 2019.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 103 - Notaries Public › § 5371. Notification regarding performance of notarial act on electronic record; selection of technology

§ 5371. Notification regarding performance of notarial act on electronic record; selection of technology
(a) A notary public holding a special commission endorsement pursuant to subsection 5341(d) of this title and who is thus authorized to perform notarial acts on electronic records may select one or more tamper-evident technologies to perform notarial acts with respect to electronic records. A person shall not require a notary public to perform a notarial act with respect to an electronic record with a technology that the notary public has not selected.
(b) A recorder, as defined in 27 V.S.A. § 622, may accept for recording a tangible copy of an electronic record containing a notarial certificate as satisfying any requirement that a record accepted for recording be an original, if the notary public executing the notarial certificate certifies that the tangible copy is an accurate copy of the electronic record. (Added 2017, No. 160 (Adj. Sess.), § 1, eff. July 1, 2019; amended 2021, No. 171 (Adj. Sess.), § 5, eff. July 1, 2022.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 103 - Notaries Public › § 5372. Authority to refuse to perform notarial act

§ 5372. Authority to refuse to perform notarial act
(a) A notary public may refuse to perform a notarial act if the notary public is not satisfied that:
(1) the individual executing the record is competent or has the capacity to execute the record; or
(2) the individual’s signature is knowingly and voluntarily made.
(b) A notary public may refuse to perform a notarial act unless refusal is prohibited by law other than this chapter. (Added 2017, No. 160 (Adj. Sess.), § 1, eff. July 1, 2019.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 103 - Notaries Public › § 5373. Validity of notarial acts

§ 5373. Validity of notarial acts
(a) Except as otherwise provided in subsection 5372(b) of this chapter, the failure of a notary public to perform a duty or meet a requirement specified in this chapter shall not impair the marketability of title or invalidate a notarial act or a certification evidencing the notarial act.
(b) An acknowledgment that contains a notary commission expiration date that is either inaccurate or expired shall not invalidate the acknowledgment if it can be established that on the date the acknowledgment was taken, the notary public’s commission was active.
(c) The validity of a notarial act under this chapter shall not prevent an aggrieved person from seeking to invalidate the record or transaction that is the subject of the notarial act or from seeking other remedies based on law of this State other than this chapter or law of the United States.
(d) Defects in the written evidence of acknowledgment in a document in the public records may be cured by the notary public who performed the original notarial act. The notary public shall, under oath and before a different notary public, execute a writing correcting any defect. Upon recording, the corrective document corrects any deficiency and ratifies the original written evidence of acknowledgment as of the date the acknowledgment was originally taken.
(e) Notwithstanding any provision of law to the contrary, a document that conveys an interest in real property shall be recordable in the land records and, if recorded, shall be sufficient for record notice to third parties, notwithstanding the failure of a notary public to perform any duty or meet any requirement specified in this chapter. Such failure includes the failure to comply in full or in part with the requirements of sections 5367-5369 of this title.
(f) This section does not validate a purported notarial act performed by an individual who does not have the authority to perform notarial acts. (Added 2017, No. 160 (Adj. Sess.), § 1, eff. July 1, 2019.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 103 - Notaries Public › § 5374. Notarial act in another state

§ 5374. Notarial act in another state
(a) A notarial act performed in another state has the same effect under the law of this State as if performed by a notary public of this State, if the act performed in that state is performed by:
(1) a notary public of that state;
(2) a judge, clerk, or deputy clerk of a court of that state; or
(3) any other individual authorized by the law of that state to perform the notarial act.
(b) If a deed or other conveyance or a power of attorney for the conveyance of land, the acknowledgment or proof of which is taken out of State, is certified agreeably to the laws of the state in which the acknowledgment or proof is taken, it shall be valid as though it were taken before a proper officer in this State.
(c) An acknowledgment for a deed or other conveyance or a power of attorney for the conveyance of land that is taken out of State before a proper officer of this State shall be valid as if taken within this State.
(d) The signature and title of an individual performing a notarial act in another state are prima facie evidence that the signature is genuine and that the individual holds the designated title.
(e) The signature and title of a notarial officer described in subdivision (a)(1) or (2) of this section conclusively establish the authority of the officer to perform the notarial act. (Added 2017, No. 160 (Adj. Sess.), § 1, eff. July 1, 2019.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 103 - Notaries Public › § 5375. Notarial act under authority of federally recognized Indian tribe

§ 5375. Notarial act under authority of federally recognized Indian tribe
(a) A notarial act performed under the authority and in the jurisdiction of a federally recognized Indian tribe has the same effect as if performed by a notary public of this State, if the act performed in the jurisdiction of the tribe is performed by:
(1) a notary public of the tribe;
(2) a judge, clerk, or deputy clerk of a court of the tribe; or
(3) any other individual authorized by the law of the tribe to perform the notarial act.
(b) The signature and title of an individual performing a notarial act under the authority of and in the jurisdiction of a federally recognized Indian tribe are prima facie evidence that the signature is genuine and that the individual holds the designated title.
(c) The signature and title of a notarial officer described in subdivision (a)(1) or (2) of this section conclusively establish the authority of the officer to perform the notarial act. (Added 2017, No. 160 (Adj. Sess.), § 1, eff. July 1, 2019.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 103 - Notaries Public › § 5376. Notarial act under federal authority

§ 5376. Notarial act under federal authority
(a) A notarial act performed under federal law has the same effect under the law of this State as if performed by a notary public of this State, if the act performed under federal law is performed by:
(1) a judge, clerk, or deputy clerk of a court;
(2) an individual in military service or performing duties under the authority of military service who is authorized to perform notarial acts under federal law;
(3) an individual designated a notarizing officer by the U.S. Department of State for performing notarial acts overseas; or
(4) any other individual authorized by federal law to perform the notarial act.
(b) The signature and title of an individual acting under federal authority and performing a notarial act are prima facie evidence that the signature is genuine and that the individual holds the designated title.
(c) The signature and title of an officer described in subdivision (a)(1), (2), or (3) of this section shall conclusively establish the authority of the officer to perform the notarial act. (Added 2017, No. 160 (Adj. Sess.), § 1, eff. July 1, 2019.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 103 - Notaries Public › § 5377. Evidence of authenticity of notarial act performed in this State

§ 5377. Evidence of authenticity of notarial act performed in this State
(a) The authenticity of the official notarial stamp and signature of a notary public may be evidenced by either:
(1) A certificate of authority from the Secretary of State authenticated as necessary.
(2) An apostille from the Secretary of State in the form prescribed by the Hague convention of October 5, 1961 abolishing the requirement of legalization of foreign public documents.
(b) An apostille as specified by the Hague convention shall be attached to any document that requires authentication and that is sent to a nation that has signed and ratified this convention. (Added 2017, No. 160 (Adj. Sess.), § 1, eff. July 1, 2019.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 103 - Notaries Public › § 5378. Foreign notarial act

§ 5378. Foreign notarial act
(a) In this section, “foreign state” means a government other than the United States, a state, or a federally recognized Indian tribe.
(b) If a notarial act is performed under authority and in the jurisdiction of a foreign state or constituent unit of the foreign state or is performed under the authority of a multinational or international governmental organization, the act has the same effect under the law of this State as if performed by a notary public of this State.
(c) If the title of office and indication of authority to perform notarial acts in a foreign state appears in a digest of foreign law or in a list customarily used as a source for that information, the authority of an officer with that title to perform notarial acts is conclusively established.
(d) The signature and official stamp of an individual holding an office described in subsection (c) of this section are prima facie evidence that the signature is genuine and the individual holds the designated title.
(e) An apostille in the form prescribed by the Hague Convention of October 5, 1961, and issued by a foreign state party to the Convention, conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office.
(f) A consular authentication issued by an individual designated by the U.S. Department of State as a notarizing officer for performing notarial acts overseas and attached to the record with respect to which the notarial act is performed conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office. (Added 2017, No. 160 (Adj. Sess.), § 1, eff. July 1, 2019.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 103 - Notaries Public › § 5380. Computer technology and identity proofing providers; minimum standards

§ 5380. Computer technology and identity proofing providers; minimum standards
(a) Communication technology and identity proofing providers shall develop, maintain, and implement processes and services that are consistent with the requirements of this chapter and industry standards and best practices for the process or service provided. Providers must also comply with all applicable federal and State regulations, rules, and standards, including:
(1) with respect to communication technology, regulations, rules, and standards specific to simultaneous communication by sight and sound and information and communication technology for individuals with physical, sensory, and cognitive disabilities; and
(2) with respect to identity proofing, regulations, rules, and standards specific to the enrollment and verification of an identity used in digital authentication.
(b) A provider of communication technology or identity proofing shall provide evidence to the notary public’s satisfaction of the provider’s ability to satisfy the requirements of this chapter for the service or process being provided. (Added 2021, No. 171 (Adj. Sess.), § 5, eff. July 1, 2022.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 105 - Massage Therapists, Bodyworkers, and Touch Professionals › § 5401. Definitions

§ 5401. Definitions
As used in this chapter:
(1) “Director” means the Director of the Office of Professional Regulation.
(2)(A) “Establishment” means any place of business that:
(i) offers the practice of massage or the practice of bodywork or where the practice of massage or the practice of bodywork is conducted on the premises of the business; or
(ii) represents itself to the public by any title or description of services incorporating the words “touch professional,” “bodywork,” “massage,” “massage therapy,” “massage therapist,” “massage practitioner,” “massagist,” “masseur,” “masseuse,” “energy work,” or other words identified by the Director in rules.
(B) A “place of business” includes any office, clinic, facility, salon, spa, or other location not otherwise exempted under section 5404 of this chapter where a person or persons engage in the practice of massage or the practice of bodywork.
(3) “Practice of massage” and “practice of bodywork” mean offering or engaging in massage or bodywork in exchange for consideration.
(4)(A) “Massage” and “Bodywork” mean systems of structured touch that are:
(i)(I) applied to the superficial, soft or deep tissue, muscle, or connective tissue of another person by manual means, including friction, gliding, rocking, tapping, kneading, and nonspecific stretching; or
(II) designed to affect the energy fields of the body for the purpose of promoting and maintaining health and well-being; and
(ii) provided to clients in a manner in which the clients have a reasonable expectation of privacy.
(B) Massage and bodywork may include the use of therapies such as heliotherapy or hydrotherapy; the use of moist, hot, and cold external applications; and the use of oils or other lubricants.
(C) Neither massage nor bodywork include the diagnosis of illness, disease, impairment, or disability.
(5) “Massage therapist, bodyworker, or touch professional” means a person who holds a registration from the Office to practice massage or practice bodywork or both. (Added 2019, No. 178 (Adj. Sess.), § 29, eff. April 1, 2021.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 105 - Massage Therapists, Bodyworkers, and Touch Professionals › § 5402. Prohibitions

§ 5402. Prohibitions
(a) An individual shall not engage in or offer the practice of massage or the practice of bodywork unless the individual is registered with the Office.
(b) It shall be a violation of this chapter for any individual to engage in the practice of massage or the practice of bodywork, or to offer to engage in the practice of massage or the practice of bodywork, if the individual’s registration has been suspended or revoked.
(c) An individual shall not use in connection with the individual’s name any letters, words, titles, or insignia indicating or implying that the individual is offering or engaging in the practice of massage or the practice of bodywork, including the terms “massage therapist,” “bodyworker,” or “touch professional,” unless the individual holds a registration in accordance with this chapter. (Added 2019, No. 178 (Adj. Sess.), § 29, eff. April 1, 2021.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 105 - Massage Therapists, Bodyworkers, and Touch Professionals › § 5403. Unauthorized practice

§ 5403. Unauthorized practice
Any individual who engages in the practice of massage or the practice of bodywork without a registration from the Office shall be subject to the penalties provided in 3 V.S.A. § 127 (unauthorized practice). (Added 2019, No. 178 (Adj. Sess.), § 29, eff. April 1, 2021.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 105 - Massage Therapists, Bodyworkers, and Touch Professionals › § 5404. Exemptions

§ 5404. Exemptions
(a) The following shall not require a registration under this chapter:
(1) the practice of massage or the practice of bodywork by a student as part of a professional massage or bodywork education program;
(2) the practice of massage or the practice of bodywork by an apprentice as part of a massage or bodywork apprenticeship; or
(3) the practice of massage or the practice of bodywork provided to clients in a manner in which the clients do not have a reasonable expectation of privacy.
(b) The provisions of this chapter requiring individuals to be registered shall not apply to individuals who engage in or offer the practice of massage or the practice of bodywork in the course of their customary duties as physicians, podiatrists, physician assistants, nurses, including advanced practice registered nurses, osteopaths, acupuncturists, athletic trainers, barbers, cosmetologists, estheticians, electrologists, chiropractors, midwives, naturopathic physicians, occupational therapists, physical therapists, or respiratory care practitioners.
(c) Nothing in this chapter shall prohibit a massage therapist, bodyworker, or touch professional from engaging in or offering the practice of massage or the practice of bodywork at a location that is not an establishment, so long as prior to engaging in that practice at that location, the registrant and his or her client agree that the location is acceptable. (Added 2019, No. 178 (Adj. Sess.), § 29, eff. April 1, 2021.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 105 - Massage Therapists, Bodyworkers, and Touch Professionals › § 5411. Duties of the Director

§ 5411. Duties of the Director
(a) Generally. The Director shall:
(1) provide general information to applicants for registration as a massage therapist, bodyworker, or touch professional;
(2) receive applications for registration and provide registrations to applicants qualified under this chapter;
(3) administer fees as established by law;
(4) refer all disciplinary matters to an administrative law officer;
(5) explain appeal procedures to applicants and registrants; and
(6) explain complaint procedures to the public.
(b) Rules.
(1) The Director shall adopt rules requiring a massage therapist, bodyworker, or touch professional to disclose to each new client before the first treatment the following information:
(A) the professional qualifications and experience of the registrant;
(B) actions that constitute unprofessional conduct;
(C) the method for filing a complaint against a registrant; and
(D) the method for making a consumer inquiry with the Office.
(2) The Director shall adopt rules regarding the display of:
(A) the registrations of employed or contracted massage therapists, bodyworkers, or touch professionals at an establishment; and
(B) information regarding unprofessional conduct and filing complaints with the Office.
(3) The rules described in this subsection shall include provisions relating to the manner in which the information disclosed shall be distributed or displayed and a requirement that a massage therapist, bodyworker, or touch professional and his or her client sign an acknowledgement that the information was disclosed.
(4) The Director may adopt other rules as necessary to perform his or her duties under this chapter. (Added 2019, No. 178 (Adj. Sess.), § 29, eff. April 1, 2021.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 105 - Massage Therapists, Bodyworkers, and Touch Professionals › § 5412. Advisor appointees

§ 5412. Advisor appointees
(a) The Secretary of State shall appoint three advisors of suitable qualifications, as described in this section, to advise the Director on matters relating to the practice of massage and the practice of bodywork.
(b) The Secretary shall appoint the advisors to serve, at the Secretary’s pleasure, for five-year staggered terms. To stagger the advisors’ terms, the Secretary may initially appoint two of the advisors for less than a five-year term.
(c) Two of the three advisors shall be massage therapists, bodyworkers, or touch professionals registered under this chapter who have been actively engaged in the practice of massage or the practice of bodywork, or both, for the three-year period immediately preceding appointment. These two advisors shall maintain their registrations in this State and be actively engaged in the practice of massage or the practice of bodywork, or both during their incumbency.
(d) Director shall seek the advice of the advisors in carrying out the provisions of this chapter. (Added 2019, No. 178 (Adj. Sess.), § 29, eff. April 1, 2021.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 105 - Massage Therapists, Bodyworkers, and Touch Professionals › § 5421. Application

§ 5421. Application
A person who desires to be registered under this chapter shall apply for a registration in the manner specified by the Director, accompanied by payment of the required fee. (Added 2019, No. 178 (Adj. Sess.), § 29, eff. April 1, 2021.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 105 - Massage Therapists, Bodyworkers, and Touch Professionals › § 5422. Registration by endorsement

§ 5422. Registration by endorsement
The Director may issue a registration to an individual under this chapter if the individual holds a license, registration, certification, or other authorization to practice massage therapy or bodywork from a U.S. or Canadian jurisdiction. (Added 2019, No. 178 (Adj. Sess.), § 29, eff. April 1, 2021.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 105 - Massage Therapists, Bodyworkers, and Touch Professionals › § 5423. Establishments; designee and inspection

§ 5423. Establishments; designee and inspection
(a) An establishment shall designate a massage therapist, bodyworker, or touch professional to be responsible for ensuring the establishment complies with the requirements of this chapter and the rules adopted by the Director.
(b) A person authorized by the Director may enter any establishment for the purpose of inspection when a complaint has been filed with the Office regarding the practice of massage or the practice of bodywork at that establishment. A fee shall not be charged for any inspection under this subsection. (Added 2019, No. 178 (Adj. Sess.), § 29, eff. April 1, 2021.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 105 - Massage Therapists, Bodyworkers, and Touch Professionals › § 5424. Registration renewal

§ 5424. Registration renewal
(a) A registration under this chapter shall be renewed every two years by submission of a new, completed application and shall be accompanied by payment of the required fee.
(b) A registration that has lapsed shall be renewed upon payment of the biennial renewal fee and the late renewal penalty. (Added 2019, No. 178 (Adj. Sess.), § 29, eff. April 1, 2021.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 105 - Massage Therapists, Bodyworkers, and Touch Professionals › § 5425. Fees

§ 5425. Fees
Applicants and persons regulated under this chapter shall pay those fees set forth in 3 V.S.A. § 125(b). (Added 2019, No. 178 (Adj. Sess.), § 29, eff. April 1, 2021.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 105 - Massage Therapists, Bodyworkers, and Touch Professionals › § 5426. Display of registration

§ 5426. Display of registration
A massage therapist, bodyworker, or touch professional shall conspicuously display his or her registration in any establishment where the registrant is engaged in the practice of massage or the practice of bodywork. (Added 2019, No. 178 (Adj. Sess.), § 29, eff. April 1, 2021.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 105 - Massage Therapists, Bodyworkers, and Touch Professionals › § 5427. Unprofessional conduct

§ 5427. Unprofessional conduct
Unprofessional conduct means the conduct set forth in 3 V.S.A. § 129a and the following:
(1) engaging in activities in violation of 13 V.S.A. § 2605 (voyeurism);
(2) engaging in a sexual act with a client;
(3) conviction of a crime committed while engaged in the practice of massage or the practice of bodywork;
(4) performing massage or bodywork that the massage therapist, bodyworker, or touch professional knows or has reason to know has not been authorized by a client or the client’s legal representative; and
(5) engaging in conduct of a character likely to deceive, defraud, or harm the public. (Added 2019, No. 178 (Adj. Sess.), § 29, eff. April 1, 2021.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 106 - Residential Contractors › § 5501. Registration required

§ 5501. Registration required
(a) A person shall register with the Office of Professional Regulation prior to contracting with a homeowner to perform residential construction in exchange for consideration of more than $10,000.00, including labor and materials.
(b) Unless otherwise exempt under section 5502 of this title, as used in this chapter, “residential construction” means to build, demolish, or alter a residential dwelling unit, or a building or premises with four or fewer residential dwelling units, in this State and includes interior and exterior construction, renovation, and repair; painting; paving; roofing; weatherization; installation or repair of heating, plumbing, solar, electrical, water, or wastewater systems; and other activities the Office specifies by rule consistent with this chapter. (Added 2021, No. 182 (Adj. Sess.), § 14, eff. July 1, 2022.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 106 - Residential Contractors › § 5502. Exemptions

§ 5502. Exemptions
This chapter does not apply to:
(1) an employee acting within the scope of his or her employment for a business organization registered under this chapter;
(2)(A) a professional engineer, licensed architect, or a tradesperson licensed, registered, or certified by the Department of Public Safety acting within the scope of his or her license, registration, or certification; or
(B) a business that performs residential construction if the work is performed primarily by or under the direct supervision of one or more employees who are individually exempt from registration under subdivision (2)(A) of this section;
(3) delivery or installation of consumer appliances, audio-visual equipment, telephone equipment, or computer network equipment;
(4) landscaping;
(5) work on a structure that is not attached to a residential building; or
(6) work that would otherwise require registration that a person performs in response to an emergency, provided the person applies for registration within a reasonable time after performing the work. (Added 2021, No. 182 (Adj. Sess.), § 14, eff. July 1, 2022.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 106 - Residential Contractors › § 5503. Mandatory registration and voluntary certification distinguished

§ 5503. Mandatory registration and voluntary certification distinguished
(a)(1) The system of mandatory registration established by this chapter is intended to protect against fraud, deception, breach of contract, and violations of law but is not intended to establish standards for professional qualifications or workmanship that is otherwise lawful.
(2) The provisions of 3 V.S.A. § 129a, with respect to a registration, shall be construed in a manner consistent with the limitations of this subsection.
(b) The system of voluntary certification established in this chapter is intended to provide consumers and contractors with a publicly available, noncommercial venue for contractors to list optional approved certifications. The Director of Professional Regulation, in consultation with public safety officials and recognized associations or boards of builders, remodelers, architects, and engineers, may:
(1) adopt rules providing for the issuance of voluntary certifications, as defined in subdivision 3101a(1) of this title, that signify demonstrated competence in particular subfields and specialties related to residential construction;
(2) establish minimum qualifications, and standards for performance and conduct, necessary for certification; and
(3) discipline a certificant for violating adopted standards or other law, with or without affecting the underlying registration. (Added 2021, No. 182 (Adj. Sess.), § 14, eff. July 1, 2022.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 106 - Residential Contractors › § 5505. Duties of the Director

§ 5505. Duties of the Director
(a) The Director of Professional Regulation shall:
(1) provide information to the public concerning registration, certification, appeal procedures, and complaint procedures;
(2) administer fees established under this chapter;
(3) receive applications for registration or certification; issue registrations and certifications to applicants qualified under this chapter; deny or renew registrations or certifications; and issue, revoke, suspend, condition, and reinstate registrations and certifications as ordered by an administrative law officer;
(4) prepare and maintain a registry of registrants and certificants; and
(5) use the registry to timely communicate with registrants and certificants concerning issues of health and safety, building codes, environmental and energy issues, and State and federal incentive programs.
(b) The Director, after consultation with an advisor appointed pursuant to section 5506 of this title, may adopt rules to implement this chapter. (Added 2021, No. 182 (Adj. Sess.), § 14, eff. July 1, 2022.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 106 - Residential Contractors › § 5506. Advisors

§ 5506. Advisors
(a) The Secretary of State shall appoint two persons pursuant to 3 V.S.A. § 129b to serve as advisors in matters relating to residential contractors and construction.
(b) To be eligible to serve, an advisor shall:
(1) register under this chapter;
(2) have at least three years’ experience in residential construction immediately preceding appointment; and
(3) remain active in the profession during his or her service.
(c) The Director of Professional Regulation shall seek the advice of the advisors in implementing this chapter. (Added 2021, No. 182 (Adj. Sess.), § 14, eff. July 1, 2022.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 106 - Residential Contractors › § 5507. Fees

§ 5507. Fees
A person regulated under this chapter shall pay the following fees at initial application and biennial renewal:
(1) Registration, individual: $75.00.
(2) Registration, business organization: $250.00.
(3) State certifications: $75.00 for a first certification and $25.00 for each additional certification. (Added 2021, No. 182 (Adj. Sess.), § 14, eff. July 1, 2022.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 106 - Residential Contractors › § 5508. Eligibility

§ 5508. Eligibility
To be eligible for registration, the Director of Professional Regulation shall find that the applicant is in compliance with the provisions of this chapter and applicable State law and has satisfied any judgment order related to the provision of professional services to a homeowner. (Added 2021, No. 182 (Adj. Sess.), § 14, eff. July 1, 2022.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 106 - Residential Contractors › § 5509. Requirements of registrants

§ 5509. Requirements of registrants
(a) Insurance. A person registered under this chapter shall maintain minimum liability insurance coverage in the amount of $1,000,000.00 per occurrence and $2,000,000.00 aggregate, evidence of which may be required as a precondition to issuance or renewal of a registration.
(b) Writing.
(1) A person registered under this chapter shall execute a written contract prior to receiving a deposit or commencing residential construction work if the estimated value of the labor and materials exceeds $10,000.00.
(2) A contract shall specify:
(A) Price. One of the following provisions for the price of the contract:
(i) a maximum price for all work and materials;
(ii) a statement that billing and payment will be made on a time and materials basis, not to exceed a maximum price; or
(iii) a statement that billing and payment will be made on a time and materials basis and that there is no maximum price.
(B) Work dates. Estimated start and completion dates.
(C) Scope of work. A description of the services to be performed and a description of the materials to be used.
(D) Change order provision. A description of how and when amendments to the contract may be approved and documented, as agreed by the parties.
(3) The parties shall document an amendment to the contract in a signed writing.
(c) Down payment.
(1) If a contract specifies a maximum price for all work and materials or a statement that billing and payment will be made on a time and materials basis, not to exceed a maximum price, the contract may require a down payment of up to one-half of the cost of labor to the consumer, or one-half of the price of materials, whichever is greater.
(2) If a contract specifies that billing and payment will be made on a time and materials basis and that there is no maximum price, the contract may require a down payment as negotiated by the parties. (Added 2021, No. 182 (Adj. Sess.), § 14, eff. July 1, 2022.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 106 - Residential Contractors › § 5510. Prohibitions and remedies

§ 5510. Prohibitions and remedies
(a) A person who does not register as required pursuant to this chapter may be subject to an injunction or a civil penalty, or both, for unauthorized practice as provided in 3 V.S.A. § 127(b).
(b) The Office of Professional Regulation may discipline a registrant or certificant for unprofessional conduct as provided in 3 V.S.A. § 129a, except that 3 V.S.A. § 129a(b) does not apply to a registrant.
(c) The following conduct by a registrant, certificant, applicant, or person who later becomes an applicant constitutes unprofessional conduct:
(1) failure to enter into a written contract when required by this chapter;
(2) failure to maintain liability or workers’ compensation insurance as required by law;
(3) committing a deceptive act in commerce in violation of 9 V.S.A. § 2453;
(4) falsely claiming certification under this chapter, provided that this subdivision does not prevent accurate and nonmisleading advertising or statements related to credentials that are not offered by this State; and
(5) selling or fraudulently obtaining or furnishing a certificate of registration, certification, license, or any other related document or record, or assisting another person in doing so, including by reincorporating or altering a trade name for the purpose or with the effect of evading or masking revocation, suspension, or discipline against a registration issued under this chapter. (Added 2021, No. 182 (Adj. Sess.), § 14, eff. July 1, 2022.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 107 - Well Drillers › § 5601. Definitions

§ 5601. Definitions
As used in this chapter:
(1) “Department” means the Department of Environmental Conservation.
(2) “Director” means the Director of the Office of Professional Regulation.
(3) “Office” means the Office of Professional Regulation.
(4) “Qualifying individual” means an individual holding a well-driller license issued in accordance with this chapter who is designated to oversee and be responsible for the well drilling operations of a business, governmental entity, or other entity engaged in performing an activity established under subdivision 5601(6) of this chapter.
(5) “Well” means any hole deeper than 20 feet drilled, driven, or bored into the earth to locate, monitor, extract, or recharge groundwater or any hole deeper than 20 feet drilled, driven, or bored for the primary purpose of transferring heat to or from the earth’s subsurface.
(6) “Well driller” refers to a person engaged in the business of performing activities within one or both of the following classes:
(A) Water well driller. This class shall consist of any person engaged in the business of constructing wells for the purpose of locating, extracting, or recharging groundwater or for the purpose of transferring heat to or from the earth’s subsurface.
(B) Monitoring well driller. This class shall consist of any person engaged in the business of constructing, servicing, or closing wells drilled for the purpose of monitoring groundwater quantity or quality. (Added 2021, No. 69, § 10, eff. June 8, 2021.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 107 - Well Drillers › § 5602. Application

§ 5602. Application
(a) Any person who intends to engage in the business of performing the activities in the classes established under subdivision 5601(6) of this chapter in the State shall hold a well driller license. The person shall apply for a license with the Office, comply with and provide the information required by rules adopted by the Director, and pay the application fee set forth in 3 V.S.A. § 125.
(b) A business, governmental entity, or other entity engaged in the business of performing any of the activities set forth in the well drilling classes established under subdivision 5601(6) of this chapter shall be owned by, employ, or contract with at least one qualifying individual.
(c) Qualifying individuals shall meet the qualifications established in rules adopted in accordance with this chapter. A qualifying individual shall own or be employed by only one business, governmental entity, or other entity but may contract with more than one business, governmental entity, or other entity to provide well-driller services. (Added 2021, No. 69, § 10, eff. June 8, 2021.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 107 - Well Drillers › § 5603. Prohibitions; penalties

§ 5603. Prohibitions; penalties
(a) It shall be a violation of this chapter for any person, including any corporation, association, or individual, to:
(1) practice, or to permit a person to practice, as a well driller without a current license or other authorization to practice as a well driller under Vermont law;
(2) practice, or to permit a person to practice, a class of well driller activities, as those classes are established in subdivision 5601(6) of this chapter, without a current license or other authorization to practice the class of well driller activities under Vermont law; or
(3) represent oneself as being licensed or otherwise authorized by this State to practice as a well driller or use in connection with a name any words, letters, signs, or figures that imply that a person is a well driller or able to practice as a well driller when not licensed or otherwise authorized to do so.
(b) A person who violates this section shall be subject to the penalties in 3 V.S.A. § 127. (Added 2021, No. 69, § 10, eff. June 8, 2021.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 107 - Well Drillers › § 5604. Exemptions

§ 5604. Exemptions
(a) Employees of a business, governmental entity, or other entity that is owned by, employs, or contracts with a licensed qualifying individual are not required to obtain a well-driller license to perform the activities set forth in subdivision 5601(6) of this chapter.
(b) A person is not required to obtain a well-driller license to perform the following activities:
(1) exploratory excavations analyzing foundation conditions related to construction;
(2) constructing wells for the temporary de-watering of construction sites, blasting, soil vapor extraction, air sparging, grounding rod installation, or other practices identified by the Commissioner;
(3) pump installation and pump servicing; and
(4) well development, cleaning, and rehabilitation. (Added 2021, No. 69, § 10, eff. June 8, 2021.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 107 - Well Drillers › § 5605. Duties of the Director

§ 5605. Duties of the Director
The Director shall:
(1) provide general information to applicants for licensure as well drillers;
(2) receive applications for licensure; grant and renew licenses in accordance with this chapter; and deny, revoke, suspend, reinstate, or condition licenses as directed by an administrative law officer;
(3) after consultation with the Department, administer or approve examinations and training programs;
(4) explain appeal procedures to well-driller licensees and applicants and complaint procedures to the public;
(5) administer fees collected in accordance with this chapter and 3 V.S.A. § 125;
(6) refer all disciplinary matters to an administrative law officer established under 3 V.S.A. § 129(j); and
(7) with advice of the advisor appointees and in collaboration with the Department, adopt or amend rules necessary to implement the provisions of this chapter. (Added 2021, No. 69, § 10, eff. June 8, 2021.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 107 - Well Drillers › § 5606. Advisor appointees

§ 5606. Advisor appointees
(a) The Secretary of State shall appoint three persons to be advisors to the Director, two of whom shall be well drillers and one of whom shall be a representative of the Agency of Natural Resources. Advisors shall be appointed to five-year staggered terms to serve at the Secretary’s pleasure as advisors in matters related to the administration of this chapter. Two of the initial appointments shall be for a term of fewer than five years.
(b) A well driller advisor appointee shall have not fewer than three years’ experience as a well driller immediately preceding appointment, shall be licensed as a well driller in Vermont during incumbency, and shall be actively engaged in the practice as a well driller during incumbency.
(c) The Director shall seek the advice of the advisor appointees in carrying out the provisions of this chapter. (Added 2021, No. 69, § 10, eff. June 8, 2021.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 107 - Well Drillers › § 5607. Eligibility for licensure

§ 5607. Eligibility for licensure
(a) Eligibility. To be eligible for licensure as a well driller, an applicant shall:
(1) not be in violation of any provisions of this chapter or rules adopted in accordance with the provisions of this chapter; and
(2) demonstrate the education, training, experience, and examination performance as the Director may, by rule, require to hold a license as a well driller.
(b) Classes. The Director shall specify on a license the class or classes of well-driller activities, as those classes are defined in subdivision 5601(6) of this chapter, a licensee is authorized to practice. A licensee may be authorized to perform more than one class of activities under a single license.
(c) The Director, after consultation with advisor appointees and the Department, shall, by rule, establish appropriate application, testing, and renewal procedures for each class of activity under a license. (Added 2021, No. 69, § 10, eff. June 8, 2021.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 107 - Well Drillers › § 5608. Records and reports

§ 5608. Records and reports
(a) Each licensee shall keep accurate records and file a report with the Department and the owner of each water well constructed by the licensee that includes the name of the owner; the well and property location; well depth; character of rocks, earth formations, and fluids encountered; and other reasonable and appropriate information the Department may require. Required information shall be set forth in rules established by the Director in collaboration with the Department.
(b) The reports required to be filed under subsection (a) of this section shall be on forms provided by the Department and submitted in accordance with rules adopted under this chapter, which shall include the following requirements:
(1) Each licensee classified as a water well driller shall submit a well completion report within 90 days after completing the construction of a water well.
(2) Each licensee classified as a monitoring well driller shall submit a monitoring well completion or closure report or Department-approved equivalent within 90 days after completing the construction or closure of a monitoring well. Reporting on the construction of a monitoring well shall be limited to information obtained at the time of construction and need not include the work products of others. The filing of a monitoring well completion or closure report shall be delayed for one or more six-month periods from the date of construction upon the filing of a request form provided by the Department that is signed by both the licensee and well owner.
(c) No report shall be required to be filed with the Department if the well is hand driven or is dug by use of a hand auger or other manual means.
(d) A licensee drilling or developing a new water well for use as a potable water supply, as that term is defined in 10 V.S.A. § 1972(6), shall provide to the owner of the property to be served by the groundwater source informational materials developed by the Department of Health regarding:
(1) the potential health effects of the consumption of contaminated groundwater; and
(2) recommended tests to detect specific contaminants, such as arsenic, lead, uranium, gross alpha radiation, total coliform bacteria, total nitrate, or nitrite, fluoride, and manganese. (Added 2021, No. 69, § 10, eff. June 8, 2021.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 107 - Well Drillers › § 5609. License renewal

§ 5609. License renewal
A license shall be renewed every two years upon application, payment of the required fee in accordance with 3 V.S.A. § 125, and proof of compliance with such continuing education or periodic reexamination requirements established in the rules adopted in accordance with this chapter. The fee shall be paid biennially upon renewal. (Added 2021, No. 69, § 10, eff. June 8, 2021.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 107 - Well Drillers › § 5610. Unprofessional conduct

§ 5610. Unprofessional conduct
Unprofessional conduct means misusing a title in professional activity and any of the conduct listed in 3 V.S.A. § 129a. (Added 2021, No. 69, § 10, eff. June 8, 2021.)