reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 38 - Physical Therapists › § 2137. Adverse actions

§ 2137. Adverse actions
(a) A home state shall have exclusive power to impose adverse action against a license issued by the home state.
(b) A home state may take adverse action based on the investigative information of a remote state, provided the home state follows its own procedures for imposing adverse action.
(c) Nothing in this Compact shall override a member state’s decision that participation in an alternative program may be used in lieu of adverse action and that such participation shall remain nonpublic if required by the member state’s laws. Member states must require licensees who enter any alternative programs in lieu of discipline to agree not to practice in any other member state during the term of the alternative program without prior authorization from such other member state.
(d) Any member state may investigate actual or alleged violations of the statutes and rules authorizing the practice of physical therapy in any other member state in which a physical therapist or physical therapist assistant holds a license or compact privilege.
(e) A remote state shall have the authority to:
(1) Take adverse actions as set forth in subsection 2134(d) of this title against a licensee’s compact privilege in the state.
(2) Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses, and the production of evidence. Subpoenas issued by a physical therapy licensing board in a party state for the attendance and testimony of witnesses, and/or the production of evidence from another party state, shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state where the witnesses and/or evidence are located.
(3) If otherwise permitted by state law, recover from the licensee the costs of investigations and disposition of cases resulting from any adverse action taken against that licensee.
(f) Joint Investigations.
(1) In addition to the authority granted to a member state by its respective physical therapy practice act or other applicable state law, a member state may participate with other member states in joint investigations of licensees.
(2) Member states shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the Compact. (Added 2023, No. 35, § 1, eff. July 1, 2024.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 38 - Physical Therapists › § 2139. Data system

§ 2139. Data system
(a) The Commission shall provide for the development, maintenance, and utilization of a coordinated database and reporting system containing licensure, adverse action, and investigative information on all licensed individuals in member states.
(b) Notwithstanding any other provision of state law to the contrary, a member state shall submit a uniform data set to the data system on all individuals to whom this Compact is applicable as required by the rules of the Commission, including:
(1) identifying information;
(2) licensure data;
(3) adverse actions against a license or compact privilege;
(4) nonconfidential information related to alternative program participation;
(5) any denial of application for licensure, and the reason(s) for such denial; and
(6) Other information that may facilitate the administration of this Compact, as determined by the rules of the Commission.
(c) Investigative information pertaining to a licensee in any member state will only be available to other party states.
(d) The Commission shall promptly notify all member states of any adverse action taken against a licensee or an individual applying for a license. Adverse action information pertaining to a licensee in any member state will be available to any other member state.
(e) Member states contributing information to the data system may designate information that may not be shared with the public without the express permission of the contributing state.
(f) Any information submitted to the data system that is subsequently required to be expunged by the laws of the member state contributing the information shall be removed from the data system. (Added 2023, No. 35, § 1, eff. July 1, 2024.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 38 - Physical Therapists › § 2142. Date of implementation of the interstate commission for physical therapy practice and associated rules, withdrawal, and amendment

§ 2142. Date of implementation of the interstate commission for physical therapy practice and associated rules, withdrawal, and amendment
(a) The Compact shall come into effect on the date on which the Compact statute is enacted into law in the tenth member state. The provisions, which become effective at that time, shall be limited to the powers granted to the Commission relating to assembly and the promulgation of rules. Thereafter, the Commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the Compact.
(b) Any state that joins the Compact subsequent to the Commission’s initial adoption of the rules shall be subject to the rules as they exist on the date on which the Compact becomes law in that state. Any rule that has been previously adopted by the Commission shall have the full force and effect of law on the day the Compact becomes law in that state.
(c) Any member state may withdraw from this Compact by enacting a statute repealing the same.
(1) A member state’s withdrawal shall not take effect until six months after enactment of the repealing statute.
(2) Withdrawal shall not affect the continuing requirement of the withdrawing state’s physical therapy licensing board to comply with the investigative and adverse action reporting requirements of this act prior to the effective date of withdrawal.
(d) Nothing contained in this Compact shall be construed to invalidate or prevent any physical therapy licensure agreement or other cooperative arrangement between a member state and a nonmember state that does not conflict with the provisions of this Compact.
(e) This Compact may be amended by the member states. No amendment to this Compact shall become effective and binding upon any member state until it is enacted into the laws of all member states. (Added 2023, No. 35, § 1, eff. July 1, 2024.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 38 - Physical Therapists › § 2143. Construction and severability

§ 2143. Construction and severability
This Compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this Compact shall be severable and if any phrase, clause, sentence or provision of this Compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this Compact shall be held contrary to the constitution of any party state, the Compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the party state affected as to all severable matters. (Added 2023, No. 35, § 1, eff. July 1, 2024.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 38 - Physical Therapists › § 2144. State administration of the compact

§ 2144. State administration of the compact
(a) The Office of Professional Regulation shall have the power to oversee the administration and enforcement of the Compact within the State of Vermont subject to the provisions and rules of the Compact.
(b) The Director of the Office of Professional Regulation shall designate the one delegate of the Compact for the State of Vermont pursuant to subsection 2138(b) of this subchapter. (Added 2023, No. 35, § 1, eff. July 1, 2024.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 39 - Plumbers and Plumbing › § 2171. Purpose

§ 2171. Purpose
The purpose of this chapter is to protect and improve the general health and welfare of the people of the State of Vermont in the fields of environmental sanitation, water treatment, domestic supply, and hydronically related hot water heating, by authorizing and enforcing rules and regulations for properly designed, acceptably installed, and adequately maintained plumbing, water treatment, and hydronically related water heating systems and by licensing qualified plumbers and qualified heating and water treatment specialists. (1959, No. 215, § 1, eff. June 2, 1959; amended 1993, No. 176 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 39 - Plumbers and Plumbing › § 2172. Definitions

§ 2172. Definitions
The following words and phrases when used in this chapter shall be construed as follows:
(1) “Public water system” or “public sewerage disposal system” means any system supplying or serving 15 or more customers, each family, tenement, store, or other establishment being considered a single customer.
(2) “Master plumber” means any person, licensed under this chapter, that, as a business, installs plumbing systems, hires or employs a person or persons to do plumbing work, or supervises journey plumbers or apprentice plumbers in completion of their work.
(3) “Journeyman plumber” means any person licensed under this chapter who installs plumbing and water treatment or heating specialties under the direction of a master plumber. A journeyman plumber may supervise an apprentice employed by a master plumber and under the master plumber’s direction. A journeyman plumber shall not act as a master plumber.
(4) “Apprentice plumber” means any person, employed by a master plumber or under the direction of a master plumber or a journeyman plumber, who is engaged in learning and assisting in the installation of plumbing and water treatment or heating specialties under an apprenticeship program properly registered with the Vermont Apprenticeship Council. An apprentice plumber shall be supervised on the job by either a master or a journeyman plumber.
(5) “Plumbing” is the art of installing pipes, fixtures, and other apparatus for bringing in the water supply and removing liquid and water carried wastes and drainage venting systems within or on any building or structure.
(6) “Board” means the Plumber’s Examining Board created under this chapter.
(7) “State plumbing inspector” means a master plumber or duly qualified employee of the Department designated to enforce the rules and regulations pursuant to this chapter.
(8) “Municipal inspector” means a plumbing inspector authorized to conduct municipal inspections pursuant to this chapter.
(9) “Specialist” means any person licensed under this chapter who performs work in connection with water treatment and heating, or both, or performs that work as a principal business or an auxiliary to a principal business for the person’s own account as designated on the person’s license.
(10) “Commissioner” means the Commissioner of Public Safety.
(11) “Legislative body” means the selectboard, the alderboard, city council, or board of trustees of a municipality or an incorporated village.
(12) “Work notice” means the notice required to be filed under this chapter by a licensee prior to commencement of work. (1959, No. 215, § 2, eff. June 2, 1959; amended 1993, No. 176 (Adj. Sess.), § 2; 2005, No. 8, § 10, eff. April 25, 2005.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 39 - Plumbers and Plumbing › § 2173. Rules adopted by the Board

§ 2173. Rules adopted by the Board
(a) The Plumber’s Examining Board may, pursuant to the Administrative Procedure Act, make and revise such plumbing rules as necessary for protection of the public health, except that no rule of the Board may require the installation or maintenance of a water heater at a minimum temperature. To the extent that a rule of the Board conflicts with this subsection or with 18 V.S.A. chapter 40, that rule shall be invalid and unenforceable. The rules shall be in effect in every city, village, and town having a public water system or public sewerage system and apply to all premises connected to the systems and all public buildings containing plumbing or water treatment and heating specialties whether they are connected to a public water or sewerage system. The local board of health and the Commissioner of Public Safety shall each have authority to enforce these rules. The rules shall be limited to minimum performance standards reasonably necessary for the protection of the public against accepted health hazards and shall be consistent with any minimum efficiency standards for plumbing fixtures adopted under 9 V.S.A. chapter 74. The Board may, if it finds it practicable to do so, adopt the provisions of a nationally recognized plumbing code and as needed shall adopt a Vermont-specific amendment to the adopted code to ensure that it is consistent with any minimum efficiency standards for plumbing fixtures adopted under 9 V.S.A. chapter 74.
(b) The Commissioner shall make rules and adopt procedures and priorities for inspections and enforcement. Installations regulated by the Board shall be inspected by a State plumbing inspector. The Commissioner may set priorities based on consideration of health risks to persons and property, type and size of the building, and the complexity and size of the installation or job.
(c) The Commissioner or any State plumbing inspector designated by the Commissioner shall have the authority to enter any premises in which an installation subject to the rules of the Board is being or has been installed, replaced, or repaired for the purpose of performing inspections necessary to carry out inspection responsibilities under this subchapter. If the owner or occupant of the premises refuses entry, the Commissioner may apply to any Superior Court to issue an order enforcing the right of entry. (Added 1959, No. 215, § 3, eff. June 2, 1959; amended 1979, No. 122 (Adj. Sess.), § 1; 1987, No. 268 (Adj. Sess.), § 6, eff. June 21, 1988; 1993, No. 176 (Adj. Sess.), § 3; 2005, No. 8, § 11, eff. April 25, 2005; 2007, No. 92 (Adj. Sess.), § 10a; 2017, No. 127 (Adj. Sess.), § 2; 2017, No. 139 (Adj. Sess.), § 7.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 39 - Plumbers and Plumbing › § 2176. Existing buildings

§ 2176. Existing buildings
The rules adopted under sections 2173, 2174, and 2175 of this title shall not apply to existing private dwellings and public buildings except as the plumbing systems in them may be altered in the future. (1959, No. 215, § 6, eff. June 2, 1959; amended 1987, No. 268 (Adj. Sess.), § 8, eff. June 21, 1988; 1993, No. 176 (Adj. Sess.), § 6.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 39 - Plumbers and Plumbing › § 2182. Terms of office

§ 2182. Terms of office
(a) Members of the Board shall be appointed for four year terms. Two of the appointed members shall initially be appointed for terms of two years beginning July 1 of the year of appointment.
(b) A vacancy shall be filled for the unexpired term in the same manner as the initial appointment. (1959, No. 215, § 8, eff. June 2, 1959; amended 1993, No. 176 (Adj. Sess.), § 8.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 39 - Plumbers and Plumbing › § 2183. Fees; books and records

§ 2183. Fees; books and records
All fees for examinations, licenses, and renewals shall be forwarded to the Department of Public Safety. The Board shall have free and unrestricted access to all books, notes, records, transcriptions, recordings, and other related data within the care of the Department of Public Safety. (1959, No. 215, § 17, eff. June 2, 1959; amended 1993, No. 176 (Adj. Sess.), § 9; 2005, No. 8, § 15, eff. April 25, 2005.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 39 - Plumbers and Plumbing › § 2184. Per diem pay and expenses

§ 2184. Per diem pay and expenses
Each appointive member of the Board shall be entitled to compensation and expenses as provided in 32 V.S.A. § 1010. (1959, No. 215, § 18, eff. June 2, 1959; amended 1963, No. 193, § 12, eff. June 28, 1963; 1983, No. 195 (Adj. Sess.), § 5(b); 1993, No. 176 (Adj. Sess.), § 10.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 39 - Plumbers and Plumbing › § 2191. Master plumbers

§ 2191. Master plumbers
Any person who completes an application for a master plumber’s license, presents documentation of having held a valid journeyman plumber’s license under this chapter for at least 12 months, or documents equivalent training and experience in or outside of this State acceptable to the Board, and pays an examination fee in an amount determined by the Board based on the costs associated with administering the examination, shall be entitled to an examination. Upon successful completion of the examination and payment of a licensing fee, the applicant shall receive a master plumber’s license in the form of a wallet-sized card. The license shall be carried by the master plumber at all times while performing the licensee’s trade and shall be displayed upon request. Upon request of a license holder, a license certificate, suitable for framing, shall be available for a fee. (1959, No. 215, § 9, eff. June 2, 1959; amended 1969, No. 84, § 3, eff. April 18, 1969; 1971, No. 6, § 1, eff. Feb. 17, 1971; 1991, No. 234 (Adj. Sess.), § 9; 1993, No. 176 (Adj. Sess.), § 11.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 39 - Plumbers and Plumbing › § 2192. Journeyman plumbers

§ 2192. Journeyman plumbers
Any person who completes an application for a journeyman plumber’s license and documents apprenticeship in plumbing that includes both instruction and practice in work processes as verified by the Vermont Apprenticeship Council, or equivalent training and experience in or out of this State acceptable to the Board, and pays an examination fee to be determined by the Board based on the costs associated with administering the examination, shall be entitled to examination. Upon successful completion of the examination and payment of a licensing fee, the applicant shall receive a journeyman plumber’s license in the form of a wallet-sized card. The license shall be carried by the journeyman at all times while performing the licensee’s trade and shall be displayed upon request. Upon request of a license holder, a license certificate, suitable for framing, shall be available for a fee. (1959, No. 215, § 10, eff. June 2, 1959; amended 1969, No. 84, § 4, eff. April 18, 1969; 1971, No. 6, § 2, eff. Feb. 17, 1971; amended 1991, No. 234 (Adj. Sess.), § 10; 1993, No. 176 (Adj. Sess.), § 12.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 39 - Plumbers and Plumbing › § 2192a. Limited licensure; specialists

§ 2192a. Limited licensure; specialists
(a) Any person who completes an application for a specialist’s license and documents successful completion of instruction, training, and experience in or out of the State acceptable to the Board and pays an examination fee to be determined by the Board based on the costs associated with administering the examination, shall be entitled to an examination. Upon successful completion of the examination and payment of a license fee, the applicant shall receive a specialist license in the form of a wallet-sized card. The license shall be carried by the licensee at all times while performing the licensee’s specialty and shall be displayed upon request. Upon request by the license holder, a specialist license suitable for framing shall be available for a fee. A specialist license shall indicate each specialty for which the licensee has been approved. A specialist license does not take the place of any other license required by law.
(b) Specialty fields include the following:
(1) Water Heater Specialist: Installation, replacement, and repair of any residential, industrial, or commercial domestic hot water supply tanks.
(2) Heating System Specialist: Installation, replacement, and repair of residential, industrial, or commercial hydronic space heating systems, including radiant, solar, and other types of hydronic system design. Any work on steam systems shall be limited to steam systems with operating pressure not to exceed 15 PSIG.
(3) Water Treatment Specialist: Installation, replacement, and repair of residential, industrial, or commercial potable water treatment and filtration equipment.
(c) A person duly licensed as a specialist under this section may perform specialty work, either as an employee or as an independent contractor only in connection with the specialty field designated on the person’s license. A specialty business may hire or employ only people licensed in the specialty of the business.
(d) A specialist may perform a supply connection to an existing water supply for test and related system operation, but at no time shall any specialist perform any plumbing or heating work that is not specified or permitted under the specialist’s license.
(e) Specialty classes shall be provided by the Department of Labor or others.
(f) The Commissioner shall adopt rules regarding work notices, inspection procedures, and priorities for each specialty. (Added 1993, No. 176 (Adj. Sess.), § 13; amended 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 39 - Plumbers and Plumbing › § 2193. Applications; examinations, education, and fees

§ 2193. Applications; examinations, education, and fees
(a)(1) Each applicant for license shall present to the executive office of the Board, on blanks furnished by the Board, a written application for examination and license containing such information as the Board may require, accompanied by the fee required. Notwithstanding 32 V.S.A. § 502(a), if the examination is conducted by an outside testing service, the required examination fee may be paid directly to the testing service.
(2) Examinations shall be in whole or in part in writing and shall include the theoretical and practical nature of plumbing or specialties, or both, and knowledge of State laws, the rules of the Departments of Health and of Environmental Conservation, and such other rules and regulations as the Board may determine necessary to satisfactorily determine the qualifications of the applicant. Examinations shall be relevant to the instructional material taught in classes, codes used, and new developments and procedures within the trade.
(b) Any applicant who fails an examination may, upon payment of the examination fee, retake the examination.
(c) License and renewal fees are as follows:
(d) Master and journeyman plumbers shall be exempt from paying license or renewal fees as specialists.
(e) Pursuant to qualifications and procedures determined by the Commissioner, the Board shall, upon request, waive application fees to qualified military members and military spouses.
(f) In addition to other education requirements of this subchapter, the Commissioner shall require each applicant to complete an education module regarding the State’s energy goals and how the plumbing profession can further those goals.
(1) The education module shall be not more than two hours and shall be required as a condition of initial licensure and license renewal, except that master and journeyman plumbers who complete this education module shall not be required to complete this education module for any additional specialty license. The module shall include education on any State or utility incentives relevant to the profession.
(A) The education module for initial licensure shall provide general information regarding the State’s energy goals.
(B) The education module for license renewal shall provide any updates on the State’s energy goals and any updates regarding corresponding State energy programs applicable to the profession.
(2) The Commissioner shall consider any recommendations on these education modules provided by relevant stakeholders and approve education modules in consultation with the Agency of Natural Resources and the Department of Public Service. (Added 1959, No. 215, § 11, eff. June 2, 1959; amended 1961, No. 32, § 1; 1993, No. 176 (Adj. Sess.), § 14; 1999, No. 49, § 147; 2009, No. 134 (Adj. Sess.), § 8, eff. May 29, 2010; 2019, No. 131 (Adj. Sess.), § 279; 2019, No. 152 (Adj. Sess.), § 21, eff. April 1, 2021; 2019, No. 178 (Adj. Sess.), § 37, eff. July 1, 2021.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 39 - Plumbers and Plumbing › § 2195. Licenses

§ 2195. Licenses
(a) All licenses expire on the last day of a month designated by the Board. A license shall be valid for two years. The Board shall renew a valid license issued under this chapter on receipt of an application for renewal and the required fee before the expiration date of the license.
(b) If a licensee fails to renew his or her license prior to expiration, the licensee may reinstate the license within 90 days of its expiration by paying the reinstatement fee of $15.00 in addition to the renewal fee.
(c) If the licensee fails to renew within 90 days of the expiration of the license, the licensee shall appear before the Board to request reinstatement.
(d) After July 1, 1996, applicants for license renewal shall provide to the Board evidence of completion of eight hours of continued training or instruction, approved by the Board, within the previous 24-month period. (Added 1959, No. 215, § 13, eff. June 2, 1959; amended 1969, No. 84, § 6, eff. April 18, 1969; 1991, No. 234 (Adj. Sess.), § 11; 1993, No. 176 (Adj. Sess.), § 16.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 39 - Plumbers and Plumbing › § 2197. Penalty

§ 2197. Penalty
Any person who installs any plumbing or specialty installation or who advertises as such, except as provided in section 2198 of this title, without first having obtained an appropriate license under this chapter or who employs a person to perform any plumbing work for which the employee is not licensed or procures any license wrongfully or by fraud, shall be fined not more than $1,000.00 for each offense. (1959, No. 215, § 15, eff. June 2, 1959; amended 1967, No. 295 (Adj. Sess.), § 8, eff. March 20, 1968; 1969, No. 84, § 8, eff. April 18, 1969; 1979, No. 122 (Adj. Sess.), § 5; 1993, No. 176 (Adj. Sess.), § 17.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 39 - Plumbers and Plumbing › § 2198. Exceptions; license not required

§ 2198. Exceptions; license not required
(a) All plumbing and specialty work performed in Vermont shall be performed by persons licensed under this chapter except that a license shall not be required for the following types of work:
(1) Any plumbing and specialty work performed by an owner or the owner’s regular employees in the owner-occupied, freestanding single family dwelling or in outbuildings accessory to the owner-occupied, single family dwelling.
(2) Installations of plumbing systems in laboratories for experimental purposes only.
(3) A person who regularly employs a maintenance person whose duties include the maintenance of plumbing on the property of that person.
(4) Plumbing or specialty installations performed as part of a training project of a vocational school or other educational institution. However, the installation shall be inspected if the building is to be sold as a private dwelling or public building.
(5) A person who performs miscellaneous jobs of manual labor on the person’s own property in the course of which plumbing repairs or alterations are made.
(6) For the construction, repair, or maintenance of buildings used exclusively for agricultural purposes and animal housing located on owner-occupied farms.
(7) Work performed by employees of any public or private water company, who in the main course of their employment install, maintain, or repair water supply pipes, meters, or control valves.
(b) Plumbing installed or maintained by persons included in this section shall conform to State law. (1959, No. 215, § 16, eff. June 2, 1959; amended 1969, No. 84, § 9, eff. April 18, 1969; 1979, No. 122 (Adj. Sess.), § 6; 1993, No. 176 (Adj. Sess.), § 18.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 39 - Plumbers and Plumbing › § 2199. Inspections

§ 2199. Inspections
The Commissioner of Public Safety or designee may inspect premises subject to the rules adopted under section 2173 of this title. (Added 1979, No. 122 (Adj. Sess.), § 7; amended 1999, No. 49, § 148; 2005, No. 8, § 16, eff. April 25, 2005.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 41 - Real Estate Brokers and Salespersons › § 2212. Prohibition

§ 2212. Prohibition
Except as may be otherwise provided in this chapter, a person, firm, partnership, association, or corporation shall not engage in the business or act in the capacity of real estate broker or salesperson within this State without first obtaining a license therefor. (Amended 1985, No. 6, § 1.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 41 - Real Estate Brokers and Salespersons › § 2213. Penalties

§ 2213. Penalties
A person who shall violate any provision of this chapter shall be subject to the penalties provided in 3 V.S.A. § 127. (Amended 1985, No. 6, § 1; 2007, No. 29, § 33; 2019, No. 30, § 16.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 41 - Real Estate Brokers and Salespersons › § 2214. Trust and escrow accounts

§ 2214. Trust and escrow accounts
(a) Every real estate broker, within five banking days, shall deposit in a trust or escrow account in a bank or other financial institution licensed to do business in this State all earnest money and contract deposits held by him or her as a real estate broker in which the clients or other persons with whom the broker is dealing have an interest. Trust and escrow accounts shall be maintained separate and apart from a broker’s individual or office account. The broker shall maintain at the broker’s usual place of business, books, records, contracts, and other documents pertinent to or relating to the trust or escrow account and monies therein, which shall be open for inspection by the Commission and its duly authorized agents at the broker’s usual place of business during regular business hours. The broker shall notify the Commission, within 10 days after opening any trust or escrow account, of the bank or other financial institution in which the account is located.
(b) If a deposit is reasonably expected to earn a substantial amount of interest, the broker shall, at the request of the person or persons making the deposit, place the deposit in an individual interest-bearing trust or escrow account for the benefit of the beneficial owner. In regard to individual interest-bearing trust and escrow accounts:
(1) Unless otherwise agreed to in writing by all parties, the interest earned shall be applied to the purchase price due from the buyer if the sale is consummated, shall be returned to the buyer if the deposit is returned to the buyer, and shall be payable to the seller if the buyer defaults. Contracts shall carry this language conspicuously above the signature lines.
(2) No checks shall be drawn against uncollected deposits in the account.
(3) None of the contract deposits shall be withdrawn until the contract has been terminated by performance, or by operation of its own terms, or by agreement in writing between all parties involved in the contract, or by order of a court of competent jurisdiction.
(c) If a deposit is not reasonably expected to earn a substantial amount of interest, the broker shall place the deposit in a pooled interest-bearing trust or escrow account and direct that the interest be remitted to the Vermont Housing Finance Agency in accordance with the provisions of 8 V.S.A. § 14210.
(d) The broker shall inform the depositor whether funds are deposited into an individual account pursuant to subsection (b) of this section or in a pooled account pursuant to subsection (c) of this section. The broker shall retain a written statement of this disclosure signed by the beneficial owner of the account. (Added 1969, No. 283 (Adj. Sess.), § 12; amended 1985, No. 6, § 1; 1991, No. 86, § 4, eff. Jan. 1, 1992; 1999, No. 153 (Adj. Sess.), § 25, eff. Jan. 1, 2001; 2013, No. 138 (Adj. Sess.), § 14.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 41 - Real Estate Brokers and Salespersons › § 2251. Real Estate Commission

§ 2251. Real Estate Commission
(a) A Vermont Real Estate Commission is created, consisting of seven members. One member of the Commission shall be an attorney at law. Two shall be members of the public who have no financial interest in the activities regulated under this chapter, other than as consumers or possible consumers of its services. These persons shall have no financial interest personally or through a spouse, parent, child, brother, or sister. “Financial interest” means dealing in goods or services that are uniquely related to activities regulated under this chapter, or investing anything of value in a business licensed under this chapter.
(b) Three members of the Commission shall be licensed real estate brokers whose vocations shall have been that of real estate broker for at least four years. At least one of the broker members shall not be a member of a professional real estate association at the time of appointment or at any time during tenure as a member. One of the Commission members shall be a licensed salesperson. If a salesperson becomes a broker while serving on the Commission, that salesperson shall become ineligible to continue to serve as the salesperson member of the Commission.
(c) Commission members shall be appointed by the Governor pursuant to 3 V.S.A. §§ 129b and 2004. To the extent possible, appointments shall be geographically representative. (Amended 1963, No. 193, § 13, eff. June 28, 1963; 1969, No. 283 (Adj. Sess.), § 2; 1985, No. 6, § 1; 2005, No. 27, § 65.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 41 - Real Estate Brokers and Salespersons › § 2252. Powers and duties

§ 2252. Powers and duties
(a) The Commission shall adopt rules in accordance with 3 V.S.A. chapter 25 necessary for the performance of its duties, including:
(1) a definition of the activities that may be performed only by a licensee, in accordance with section 2211 of this title;
(2) qualifications for obtaining licensure, in accordance with section 2292 of this title;
(3) explanations of appeal and other significant rights given to applicants and the public;
(4) procedures for disciplinary and reinstatement cases;
(5) criteria for determining whether or not a deposit is reasonably expected to earn a substantial amount of interest in accordance with subsections 2214(b) and (c) of this title. The criteria shall include the following:
(A) the amount of the deposit and the time period the deposit is expected to be held;
(B) the cost of establishing and maintaining an interest-bearing account, including minimum account balances, service charges, legal fees, accounting fees, and tax reporting procedures;
(C) the nature of the transaction involved.
(b) The Commission shall:
(1) if applications for licensure by examination are pending, offer examinations at least four times each year and pass upon the qualifications of applicants for licensing;
(2) use the administrative and legal services provided by the Office of Professional Regulation under 3 V.S.A. chapter 5;
(3) investigate suspected unprofessional conduct.
(c) The Commission may:
(1) investigate suspected cases of unauthorized practice of activities regulated by this chapter, and refer any such case to the Attorney General or a State’s Attorney for possible prosecution and injunctive relief;
(2) conduct hearings;
(3) administer oaths and issue subpoenas pursuant to 3 V.S.A. §§ 809a and 809b;
(4) issue orders relating to discovery in the same manner as a judge under the Vermont Rules of Civil Procedure, which may be enforced in the same manner as a subpoena;
(5) adopt rules relating to the procedures to be followed in handling complaints and conducting hearings under this chapter;
(6) receive assistance from the Attorney General or other State agencies, so long as the assistance is not contrary to any other State law.
(d) The Commission shall provide proposed rules to the Director of the Office of Professional Regulation for review and comment. The Director’s comments shall be forwarded to the administrative rules committee. (Amended 1969, No. 283 (Adj. Sess.), § 3; 1985, No. 6, § 1; 1989, No. 250 (Adj. Sess.) § 4(d); 1991, No. 86, § 5, eff. June 26, 1991.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 41 - Real Estate Brokers and Salespersons › § 2253. Commission procedures

§ 2253. Commission procedures
(a) Annually, the Commission shall meet to elect a chair, a vice chair, and a secretary.
(b) Meetings may be called by the Chair and shall be called upon the request of any other two members.
(c) Meetings shall be warned and conducted in accordance with 1 V.S.A. chapter 5.
(d) A majority of the members of the Commission shall be a quorum for transacting business, and all action shall be taken upon a majority vote of the members present and voting. (Amended 1963, No. 66, § 1; 1969, No. 283 (Adj. Sess.), § 4; 1985, No. 6, § 1; 2005, No. 27, § 66.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 41 - Real Estate Brokers and Salespersons › § 2255. Fees

§ 2255. Fees
(a) Applicants and persons regulated under this chapter shall pay the following fees:
(b) [Repealed.] (Added 1985, No. 6, § 1; amended 1989, No. 250 (Adj. Sess.), § 56; 1995, No. 47, § 25; 2013, No. 27, § 28; 2013, No. 191 (Adj. Sess.), § 18; 2015, No. 57, § 2; 2019, No. 70, § 20; 2023, No. 77, § 32, eff. June 20, 2023.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 41 - Real Estate Brokers and Salespersons › § 2291. General provisions

§ 2291. General provisions
(a) A real estate license shall not be authority for more than one person to perform the activities listed in section 2211 of this chapter.
(b) A registered brokerage firm shall designate in its application the individual who is to serve as the principal broker under the brokerage firm registration.
(c) Every applicant for licensure shall have attained the age of majority. (Amended 1969, No. 283 (Adj. Sess.), § 5; 1971, No. 184 (Adj. Sess.), § 23, eff. March 29, 1972; 1985, No. 6, § 1; 2013, No. 138 (Adj. Sess.), § 16.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 41 - Real Estate Brokers and Salespersons › § 2292. Eligibility

§ 2292. Eligibility
(a) A license as a real estate broker shall be granted to a person who satisfies all of the following:
(1) has passed an examination as required by the Commission;
(2) has gained at least two years’ experience satisfactory to the Commission as a licensed salesperson, including at least eight separate and unrelated closed transactions;
(3) has completed a course of instruction of at least 40 hours, approved by the Commission.
(b) A license as a real estate salesperson shall be granted to a person who satisfies all of the following:
(1) has passed an examination as required by the Commission;
(2) is at least 18 years of age;
(3) has been employed by or become associated with a brokerage firm and that firm’s principal broker; and
(4) has completed a course of instruction, approved by the Commission, of at least 40 hours.
(c) The Commission may waive all or a part of the examination requirement if the applicant is a real estate broker or salesperson regulated under the laws of another jurisdiction, who is in good standing to practice in that jurisdiction and, in the opinion of the Commission, the jurisdiction’s examination is substantially equal to that required by this chapter. (Amended 1963, No. 66, § 2; 1969, No. 283 (Adj. Sess.), § 6; 1979, No. 81, § 2, eff. May 10, 1979; 1985, No. 6, § 1; 1997, No. 40, § 28; 2001, No. 151 (Adj. Sess.), § 21, eff. June 27, 2002; 2005, No. 27, § 67; 2017, No. 48, § 14; 2019, No. 30, § 16.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 41 - Real Estate Brokers and Salespersons › § 2292a. Examinations

§ 2292a. Examinations
(a) The Commission shall select and administer examinations for licensure. The Commission may use independent testing services or others to assist in the administration of written examinations.
(b) Examinations and examination procedures shall be fair and reasonable and shall be designed to ensure that all applicants are licensed if they demonstrate that they possess the minimal occupational qualifications that are consistent with the public health, safety, and welfare. They shall not be designed or implemented for the purpose of limiting the number of licensees. (Added 1997, No. 40, § 29.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 41 - Real Estate Brokers and Salespersons › § 2293. Renewal of license; expired license

§ 2293. Renewal of license; expired license
Licenses shall be renewed every two years without examination and on payment of the required fees, provided that the person applying for renewal completes at least 24 hours of instruction for brokers and 16 hours of instruction for salespersons, approved by the Commission, during the preceding two-year period. Four hours of this continuing education instruction shall address legislation and other topics specified by the Commission for each renewal period. (Amended 1969, No. 283 (Adj. Sess.), § 7; 1985, No. 6, § 1; 1989, No. 250 (Adj. Sess.), § 4(d); 1997, No. 145 (Adj. Sess.), § 29a; 2005, No. 27, § 68; 2005, No. 148 (Adj. Sess.), § 20; 2005, No. 148 (Adj. Sess.), § 53, eff. Jan. 1, 2007; 2013, No. 138 (Adj. Sess.), § 17; 2017, No. 48, § 15; 2019, No. 30, § 16.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 41 - Real Estate Brokers and Salespersons › § 2294. Change of name or location

§ 2294. Change of name or location
(a) Whenever a licensed broker desires to be licensed under a different name, the broker shall pay the fee established under section 2255 of this chapter. Notice of any change in the names and addresses of the licensees shall be given to the Commission within 30 days after the change becomes effective.
(b) Each licensee shall notify the Commission in writing of any change of the licensee’s principal business location, and the Commission shall issue a new license with the new address for the fee established under section 2255 of this chapter.
(c) If a brokerage firm maintains more than one place of business within the State, a branch office registration is required for each branch office so maintained. Branch offices shall use the same registered brokerage firm name as the main office and shall designate a licensed broker in charge for each branch office. (Added 1969, No. 283 (Adj. Sess.), § 14; amended 1985, No. 6, § 1; 2013, No. 138 (Adj. Sess.), § 18.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 41 - Real Estate Brokers and Salespersons › § 2295. Display of license

§ 2295. Display of license
All licenses shall be conspicuously displayed within licensee’s place of business. (Amended 1979, No. 81, § 3, eff. May 10, 1979; 1985, No. 6, § 1.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 41 - Real Estate Brokers and Salespersons › § 2296. Unprofessional conduct

§ 2296. Unprofessional conduct
In addition to the conduct set forth in 3 V.S.A. § 129a, the following conduct by those regulated under this chapter constitutes unprofessional conduct:
(1) commingling money or other property to which the licensee’s clients or other persons are entitled with the licensee’s own, except to the extent nominal sums of the licensee’s funds may be required to maintain an open trust account;
(2) failing to inform clients, establish trust and escrow accounts, maintain records, and otherwise act in accordance with the provisions of section 2214 of this chapter with respect to all monies received by the licensee as a real estate broker, or as escrow agent, or as the temporary custodian of the funds of others, in a real estate transaction;
(3) failing promptly to segregate any properties received that are to be held for the benefit of others;
(4) failing to fully disclose to a buyer all material facts within the licensee’s knowledge concerning the property being sold;
(5) failing to fully disclose to a buyer the existence of an agency relationship between the licensee and the seller. (Amended 1963, No. 66, §§ 3, 4; 1969, No. 283 (Adj. Sess.), § 8; 1979, No. 81, § 4, eff. May 10, 1979; 1985, No. 6, § 1; 1991, No. 86, § 6, eff. Jan. 1, 1992; 1997, No. 145 (Adj. Sess.), § 45; 2013, No. 27, § 29; 2017, No. 48, § 16; 2019, No. 30, § 16.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 41 - Real Estate Brokers and Salespersons › § 2297. Nonresident broker

§ 2297. Nonresident broker
A nonresident of the State, who has held a real estate broker’s or salesperson’s license in the previous state of residence for a period of two years prior to applying for a license, may be licensed to act in a similar capacity in this State by conforming to the provisions of this chapter regarding application for and securing of license, except that the application shall be accompanied by a statement from the regulatory body of the other state concerning whether the applicant has been the subject of any criminal or disciplinary investigation or action. (Amended 1969, No. 283 (Adj. Sess.), § 9; 1985, No. 6, § 1.)
2023 Vermont Statutes › Title 26 - Professions and Occupations › Chapter 41 - Real Estate Brokers and Salespersons › § 2299. Death of broker; temporary license

§ 2299. Death of broker; temporary license
In the event of the death of a licensed real estate broker, the Commission may, upon application by the broker’s legal representative, issue without examination a temporary license to such legal representative or to an individual designated by the representative or the broker and approved by the Commission on payment of the prescribed fee established under section 2255 of this chapter. Such temporary licensee may continue to transact said real estate business for a period not to exceed one year. A temporary licensee shall not enter into new brokerage service agreements. (Added 1969, No. 283 (Adj. Sess.), § 15; amended 1985, No. 6, § 1; 2013, No. 138 (Adj. Sess.), § 19.)