Title 03, Title 03: Executive

§ 2350. Agency and Secretary created (a) The Department of Agriculture, Food and Markets is hereby elevated to an agency. The Commissioner of Agriculture, Food and Markets is hereby elevated to a Secretary who shall be a member of the Governor’s cabinet. (b) The Secretary of Agri…

§ 2401. Definitions In this chapter, the following words mean: (1) Agency: The Agency of Commerce and Community Development. (2) Department: A major component of the Agency. (3) Director: The head of a division of the Agency. (4) Division: A major component of a department engage…

§ 2402. Commerce and Community Development (a) An Agency of Commerce and Community Development is created consisting of the following: (1) The Department of Economic Development. (2) The Department of Housing and Community Development. (3) The Division for Historic Preservation. …

§ 2403. Advisory capacity All boards and commissions that under this chapter are a part of or are attached to the Agency shall be advisory only, except as hereinafter provided, and the powers and duties of the boards and commissions, including administrative, policy making, and r…

§ 2404. Personnel designation The Secretary, Deputy Secretary, Commissioner, Deputy Commissioner, attorneys, and all members of boards, committees, commissions, or councils attached to the Department for support are exempt from the classified state service. Except as authorized b…

§ 2421. Appointment and salary (a) The Agency shall be under the direction and supervision of a Secretary, who shall be appointed by the Governor with the advice and consent of the Senate and shall serve at the pleasure of the Governor. (b) [Repealed.] (Added 1969, No. 271 (Adj. …

§ 2422. Budget and report The Secretary shall be responsible to the Governor and shall plan, coordinate, and direct the functions vested in the Agency. (Added 1969, No. 271 (Adj. Sess.), § 4(b), eff. Jan. 10, 1971; amended 2009, No. 33, § 7.)

§ 2423. Deputy Secretary (a) The Secretary, with the approval of the Governor, may appoint a Deputy Secretary to serve at his or her pleasure and to perform such duties as the Secretary prescribes. The Deputy Secretary shall be exempt from the classified service. The appointment …

§ 2424. Advisory councils or committees The Secretary, with the approval of the Governor, may create such advisory councils or committees as he or she deems necessary within the Agency, and appoint members thereto for terms not exceeding his or hers. (Added 1969, No. 271 (Adj. Se…

§ 2425. Transfer of personnel and appropriations (a) The Secretary, with the approval of the Governor, may transfer classified positions between State departments and other components of the Agency, subject only to personnel laws and rules. (b) The Secretary, with the approval of…

§ 2451. Commissioners—Appointment; term The Secretary, with the approval of the Governor, shall appoint a commissioner of each department, who shall be the chief executive and administrative officer and head of the department and shall serve at the pleasure of the Secretary. (Add…

§ 2452. Mandatory duties (a) The commissioner shall determine the policies of the department, and may exercise the powers and shall perform the duties required for its effective administration. (b) In addition to other duties imposed by law, the commissioner shall: (1) administer…

§ 2453. Permissive duties; approval of Secretary The commissioner may, with the approval of the Secretary: (1) Transfer appropriations or parts thereof within or between divisions and branches, consistent with the purposes for which the appropriation was made. (2) Transfer classi…

§ 2454. Directors (a) A director shall administer each division created within the department. The commissioners, with the approval of the Secretary, shall appoint the directors for divisions that are part of a department, and the Secretary shall appoint any other directors. All …

§ 2471. Department of Economic Development The Department of Economic Development is created within the Agency of Commerce and Community Development as the successor to and the continuation of the Department of Development. (Added 1969, No. 271 (Adj. Sess.), § 7, eff. Jan. 10, 19…

§ 2471a. The Vermont Business Registry (a) The Department of Economic Development shall develop and maintain a Vermont Business Registry. The Registry shall develop a comprehensive database of information on Vermont businesses, including information on industrial classification, …

§ 2471b. Government Marketing Assistance Center (a) The Department of Economic Development shall create and administer a Government Marketing Assistance Center. The purpose of this Center shall be to provide information on federal, State, and municipal government contract opportu…

§ 2472. Department of Housing and Community Development (a) The Department of Housing and Community Development is created within the Agency of Commerce and Community Development. The Department shall: (1) Be the central State agency to coordinate, consolidate, and operate, to th…

§ 2472a. Historic site markers program A program for the erection of historic site markers is created within the Agency of Commerce and Community Development and shall be administered by the State Historic Preservation Officer. The Preservation Officer shall oversee the erection,…

§ 2473. Division for Historic Preservation The Division for Historic Preservation is created within the Department of Housing and Community Development as the successor to and the continuation of the Board of Historic Sites and the Division of Historic Sites. (Added 1969, No. 271…

§ 2474. Administrative Services Division (a) The Administrative Services Division of the Agency is created. It shall be administered by a Director of Administrative Services who shall be in the classified service. (b) The Administrative Services Division shall provide the followi…

§ 2475. Vermont Center for Geographic Information The Vermont Center for Geographic Information is created as a division within the Agency of Commerce and Community Development and shall be administered and have the duties as set forth in 10 V.S.A. chapter 8 (geographic informati…

§ 2476. Department of Tourism and Marketing (a) Creation. The Department of Tourism and Marketing is created within the Agency of Commerce and Community Development. The Department shall be administered by a Commissioner. (b) Tourism marketing. The Department shall be responsible…

§ 2477. Rental Housing Advisory Board (a)(1) The Department of Housing and Community Development shall create the Rental Housing Advisory Board consisting of 11 members, each of whom shall be a resident of Vermont and shall be appointed by the Commissioner of the Department, as f…

§ 2501. Definitions As used in this subchapter, “Program” means the Market Vermont Program created by this subchapter. (Added 1991, No. 182 (Adj. Sess.), § 1; amended 1995, No. 190 (Adj. Sess.), § 1(a); 2003, No. 42, § 2, eff. May 27, 2003.)

§ 2502. Market Vermont Program The Market Vermont Program is hereby created. It shall be directed jointly by the Secretary of Agriculture, Food and Markets and by the Secretary of Commerce and Community Development. Notwithstanding chapters 13 and 14 of this title or any other co…

§ 2504. Market Vermont logo (a) The Secretary of Agriculture, Food and Markets and the Secretary of Commerce and Community Development shall develop categories and standards designed to identify those Vermont goods, services, and experiences that best portray and promote Vermont’…

§ 2505. Market Vermont Fund (a) The Market Vermont Fund is hereby established. The Fund shall comprise fees collected under section 2504 of this title and any monies appropriated by the General Assembly. The Fund shall be used for the administration and advertising of the Market …

§ 2506. Penalties Any person who uses the Market Vermont logo without authority, after it has been filed with the Secretary of State in accordance with section 2504 of this title, shall be deemed to have committed an unfair or deceptive act or practice within the meaning of 9 V.S…

§ 2510. Findings The General Assembly finds that a number of programs and tax credits have been established that encourage the development of businesses and jobs in the State of Vermont. The General Assembly also finds that some beneficiaries leave this State before the State der…

§ 2511. Definitions As used in this subchapter: (1) “Benefit” means any abatement, loan, or grant awarded to the business as enumerated in subdivision (2) of this section. (2) “Business” means any individual, partnership, corporation, or other entity that has been granted a tax a…

§ 2512. Notice (a) A business shall notify the agency or department that granted the benefit in writing within 60 days after the business closes or substantially curtails the operation of the trade or business within the qualified period. (b) A business shall be considered to be …

§ 2513. Action on notice (a) The agency or department shall notify the Commissioner of the amount of the benefit conferred to the business over the qualified period. (b) The Commissioner shall: (1) assess such amount of benefit conferred against the business or the successors in …

§ 2514. Enforcement (a) Any assessment made pursuant to this subchapter shall be a debt against the business, or the successors in interest who are not bona fide purchasers as that term is defined under the Uniform Commercial Code, 9A V.S.A., or the principles of the business, or…

§ 2515. Failure to give notice If the agency or department finds that a business has failed to give notice pursuant to section 2512 of this title, it shall take action under section 2513 of this title as if the business had given notice. (Added 1993, No. 221 (Adj. Sess.), § 10.)

§ 2516. Contract provisions All contracts or grant awards conferring benefits to businesses after the effective date of this subchapter shall contain a provision notifying the business of the recapture provisions provided in this section and the qualified period for that business…

§ 2701. Agency and Secretary created There is created an Agency of Education that shall be under the direction and supervision of a Secretary of Education. (Added 2011, No. 98 (Adj. Sess.), § 1, eff. Jan. 1, 2013.)

§ 2702. Secretary of Education (a) With the advice and consent of the Senate, the Governor shall appoint a Secretary of Education from among not fewer than three candidates proposed by the State Board of Education. The Secretary shall serve at the pleasure of the Governor. (1) No…

§ 2801. Definitions In this chapter, the following words mean: (1) Agency: The Agency of Natural Resources. (2) Department: A major component of the Agency. (3) Director: The head of a division or branch of the Agency. (4) Division: A major component of a department or a technica…

§ 2802. Creation of Agency (a) An Agency of Natural Resources is created consisting of the following: (1) The Department of Fish and Wildlife. (2) The Department of Forests, Parks and Recreation. (A) The Division of Forests. (B) The Division of Parks. (C) The Division of Recreati…

§ 2803. Advisory capacity (a) All boards, committees, councils, activities, and departments that under this chapter are a part of the Agency shall be advisory only, except as hereinafter provided, and the powers and duties of such boards, committees, councils, activities, and dep…

§ 2804. Personnel designation The Secretary, Deputy Secretary, commissioners, deputy commissioners, attorneys, and all members of boards, committees, commissions, or councils attached to the Agency for support are exempt from the classified State service. Except as authorized by …

§ 2805. Environmental Permit Fund (a) There is hereby established a special fund to be known as the Environmental Permit Fund. Within the Fund, there shall be two accounts: the Environmental Permit Account and the Air Pollution Control Account. Unless otherwise specified, fees co…

§ 2806. Barnwell Potential Liability Fund (a) There is hereby created a Barnwell Potential Liability Fund in the State Treasury. The Fund shall be separately maintained and accounted for by the State Treasurer and administered by the Agency of Natural Resources. Expenditures from…

§ 2807. Lands and Facilities Trust Fund (a) Legislative purpose. The General Assembly finds and determines: (1) The public lands, facilities, and recreational assets of Vermont represent both a priceless inheritance from the past and an enduring legacy for future generations. (2)…

§ 2808. Agency permits This section shall apply to any permit, license, or certification that is issued by the Agency of Natural Resources and that is listed as enforceable by the Secretary of Natural Resources under the Uniform Environmental Law Enforcement chapter, 10 V.S.A. ch…