Title 03, Title 03: Executive

§ 104. Preparation and publication of acts and resolutions After an act or resolution has been passed by both Houses of the General Assembly, signed by the presiding officers of both Houses and by the Governor, it shall be delivered to the custody of the Secretary of State. The S…

§ 106. Acts and resolutions of the General Assembly After the original acts and resolutions of the General Assembly are delivered to the Secretary pursuant to section 104 of this title, the Secretary shall cause a copy of the acts and resolutions to be prepared and printed and th…

§ 107. Legislative clerk The Secretary of State shall designate members of his or her staff as legislative clerks. The duties of legislative clerks shall be: (1) to prepare a copy of the acts and resolutions for printing; (2) to keep a register of lobbyists; (3) to prepare and di…

§ 108. Compilations, indices, bulletins, and circulars The Secretary shall cause to be prepared and printed such compilations of the different chapters of the Vermont Statutes Annotated, and amendments thereto or laws affecting the subject matter thereof, as may be necessary for …

§ 109. Laws and journals The Secretary shall procure one copy of the printed journal of each House of the General Assembly at each session thereof, one copy of the laws passed at such session, one copy of this and all subsequent revisions of the laws, immediately after the same a…

§ 110. Surveyor General’s papers All books, papers and records of the Surveyor General which are in the possession of the State or may come into its possession shall be in the custody of the Secretary of State, and copies thereof duly certified by such officer shall be evidence i…

§ 111. Township charters (a) The Secretary shall procure from the proper sources authenticated copies of such original charters of townships in this State as were not granted by the General Assembly. (b) Copies of original charters of townships deposited in the Secretary of State…

§ 112. Statements and communications to General Assembly The Secretary shall make such statements and communications to the General Assembly as may be required by it.

§ 113. Record by photostatic or photographic method The Secretary of State may record by photostatic or photographic method any instrument, paper, or document required by law to be recorded by him or her, and he or she may give photostatic or photographic copies of the same, requ…

§ 116a. State boards and commissions registry (a)(1) The Vermont State Archives and Records Administration shall maintain and make available on its website a registry of State boards and commissions and shall update that registry when changes are made that affect the information …

§ 117. Vermont State Archives and Records Administration (a) As used in this chapter: (1) “Records and information management” means the efficient and systematic control of the creation, receipt, maintenance, use, and disposition of public records, including the processes for cap…

§ 118. Collection and disposition of revenue (a) There is hereby created a Secretary of State Services Fund. The Fund shall be used to provide appropriations for the operations of the Office of the Secretary of State, with the exception of those operations provided for in chapter…

§ 121. Definitions As used in this subchapter: (1) “Director” means the Director of the Office of Professional Regulation. (2) “Licensing board” or “board” refers to the boards, commissions, and professions listed in section 122 of this subchapter and, in the case of disciplinary…

§ 122. Office of Professional Regulation The Office of Professional Regulation is created within the Office of the Secretary of State. The Office shall have a director who shall be qualified by education and professional experience to perform the duties of the position. The Direc…

§ 123. Duties of Office (a) The Office shall provide administrative, secretarial, financial, investigatory, inspection, and legal services to the boards. The services provided by the Office shall include: (1) Sending, receiving, and processing applications for licenses. (2) Issui…

§ 124. Professional Regulatory Fee Fund (a) Except as otherwise provided in subsection (b) of this section, it is the policy of this State that: (1) the cost of regulating a profession attached to the Office of Professional Regulation should be borne by the profession; and (2) on…

§ 125. Fees (a) In addition to the fees otherwise authorized by law, a board or advisor profession may charge the following fees: (1) Verification of license, $30.00. (2) An examination fee established by the Secretary, which shall be not greater than the costs associated with ex…

§ 126. Agent for process; nonresident licensees Whenever a person practicing a profession attached to the Office resides outside the borders of the State and fails to appoint an agent for process, the Secretary of State shall be an agent of that person, upon whom any process, not…

§ 127. Unauthorized practice (a) When the Office receives a complaint of unauthorized practice, the Director shall refer the complaint to Office investigators and prosecutors. (b)(1) A person practicing a regulated profession without authority or an employer permitting such pract…

§ 128. Disciplinary action to be reported to the Office (a)(1) Any hospital, clinic, community mental health center, or other health care institution in which a licensee performs professional services shall report to the Office, along with supporting information and evidence, any…

§ 129. Powers of boards or of Director in advisor professions; discipline process (a) In addition to any other provisions of law, a board or the Director, in the case of professions that have advisor appointees, may exercise the following powers: (1) Consistent with other law and…

§ 129a. Unprofessional conduct (a) In addition to any other provision of law, the following conduct by a licensee constitutes unprofessional conduct. When that conduct is by an applicant or person who later becomes an applicant, it may constitute grounds for denial of a license o…

§ 129b. Board member and advisor appointments (a) Notwithstanding any provision of law to the contrary relating to terms of office and appointments for members of boards attached to the Office of Professional Regulation, all board members appointed by the Governor shall be appoin…

§ 130. Provisional licensure (a) The Director may issue a 90-day provisional license to an individual who has completed an application for full licensure and: (1) whose eligibility for licensure is contingent upon acceptable verification of licensure from another jurisdiction; (2…

§ 130a. Appeals (a)(1) A party aggrieved by a final decision of a board or administrative law officer may, within 30 days of the decision, appeal that decision by filing a notice of appeal with the Director who shall assign the case to an appellate officer. (2)(A) The review shal…

§ 131. Accessibility and confidentiality of disciplinary matters (a) It is the purpose of this section both to protect the reputation of licensees from public disclosure of unwarranted complaints against them, and to fulfill the public’s right to know of any action taken against …

§ 132. Board quorums Except as otherwise provided by law, a majority of the members of a board constitutes a quorum for transacting business, and all action shall be taken upon a majority vote of board members present and voting. (Added 2005, No. 27, § 8.)

§ 133. Business registration When professional services are required by law to be performed in or by a business entity registered with the Office, the business entity shall: (1) register with the Business Services Division of the Office of the Secretary of State, if required by l…

§ 134. License renewal (a) A license expires if not renewed biennially on a schedule assigned by the Office, or in the case of a provisional or temporary license, on the date assigned by the Office. (b) Practice with an expired license is unlawful and exposes a practitioner to th…

§ 135. Uniform standard for renewal following extended absence (a) Notwithstanding any provision of law to the contrary, when an applicant seeks to renew an expired or lapsed license after fewer than five years of absence from practice, readiness to practice shall be inferred fro…

§ 136. Uniform continuing education evaluation and forum (a)(1) If continuing education is required by law or rule, the Office shall apply uniform standards and processes that apply to all professions regulated by the Office for the assessment and approval or rejection of continu…

§ 136a. Uniform process for endorsement from other states (a) Notwithstanding any statute or rule to the contrary and except as provided in subsection (b) of this section, all professions attached to the Office shall have an endorsement process that requires not more than three y…

§ 137. Uniform process for foreign credential verification (a) The Director shall adopt rules that prescribe a process for the Director to assess the equivalence of an applicant’s professional credentials earned outside the United States as compared to State licensing requirement…

§ 138. Required education for specified licensees; State energy goals (a) The following licensees are required to complete the education module regarding the State’s energy goals as described in this section: (1) architects licensed under 26 V.S.A. chapter 3; (2) landscape archit…

§ 139. Immigration status (a) Notwithstanding any provision of law to the contrary, an applicant shall not be denied any professional license or certification enumerated in this title or Titles 16, 20, or 26 of the Vermont Statutes Annotated on the basis of the applicant’s citize…