Title 26, Title 26: Professions and Occupations

§ 5012. Advisor appointees (a)(1) The Secretary of State shall appoint three persons to be advisors to the Secretary, two of which shall be designers licensed under this chapter and one of which shall be a representative of the Agency of Natural Resources. Advisors shall be appoi…

§ 5021. Eligibility for licensure (a) To be eligible for licensure as a designer, an applicant shall be at least 18 years of age; able to read and write the English language; hold a high school diploma, General Equivalency Diploma (GED), or equivalent; and demonstrate such specif…

§ 5022. License renewal (a)(1) A license shall be renewed every two years upon application, payment of the required fee, and proof of compliance with such continuing education or periodic reexamination requirements as the Director may by rule prescribe. Failure to comply with the…

§ 5023. Applications Applications for licensure and license renewal shall be on forms provided by the Director. Each application shall contain a statement under oath showing the applicant’s education, experience, and other pertinent information and shall be accompanied by the req…

§ 5024. Licensure generally The Director shall issue a license or renew a license, upon payment of the fees required under this chapter, to an applicant or licensee who has satisfactorily met all the requirements of this chapter. (Added 2015, No. 156 (Adj. Sess.), § 11, eff. Jan.…

§ 5025. Fees Applicants and persons regulated under this chapter shall pay those fees set forth in 3 V.S.A. § 125(b). (Added 2015, No. 156 (Adj. Sess.), § 11, eff. Jan. 1, 2017.)

§ 5026. Unprofessional conduct (a) Unprofessional conduct means the following conduct and the conduct set forth in 3 V.S.A. § 129a committed by a licensee, an applicant, or a person who later becomes an applicant: (1) has made or caused to be made a false, fraudulent, or forged s…

§ 5101. Purpose and effect In order to safeguard the life and health of the people of this State, a person shall not practice or offer to practice pollution abatement facility operation unless currently licensed under this chapter. (Added 2015, No. 156 (Adj. Sess.), § 13, eff. Ja…

§ 5102. Definitions As used in this chapter: (1) “Director” means the Director of the Office of Professional Regulation. (2) “License” means a current authorization granted by the Director permitting the practice of pollution abatement facility operation. (3) “Permit,” when used …

§ 5103. Prohibitions; offenses (a) It shall be a violation of this chapter for any person, including any corporation, association, or individual, to: (1) sell or fraudulently obtain or furnish any pollution abatement facility operation degree, diploma, certificate of registration…

§ 5104. Exceptions This chapter does not prohibit: (1) the furnishing of assistance in the case of an emergency or disaster; or (2) a person not licensed under this chapter from working under the direct or indirect supervision of a pollution abatement facility operator, where suc…

§ 5111. Duties of the Director (a) The Director shall: (1) provide general information to applicants for licensure as pollution abatement facility operators; (2) receive applications for licensure, administer or approve examinations and training programs, and provide licenses to …

§ 5112. Advisor appointees (a)(1) The Secretary of State shall appoint three persons to be advisors to the Secretary, two of which shall be pollution abatement facility operators and one of which shall be a representative of the Agency of Natural Resources. Advisors shall be appo…

§ 5121. Eligibility for licensure (a) To be eligible for licensure as a pollution abatement facility operator, an applicant shall be at least 18 years of age; be able to read and write the English language; and demonstrate such specific education, training, experience, and examin…

§ 5122. License renewal (a)(1) A license shall be renewed every two years upon application, payment of the required fee, and proof of compliance with such continuing education or periodic reexamination requirements as the Director may by rule prescribe. Failure to comply with the…

§ 5123. Applications Applications for licensure and license renewal shall be on forms provided by the Director. Each application shall contain a statement under oath showing the applicant’s education, experience, and other pertinent information and shall be accompanied by the req…

§ 5124. Licensure generally The Director shall issue a license or renew a license upon payment of the fees required under this chapter to an applicant or licensee who has satisfactorily met all the requirements of this chapter. (Added 2015, No. 156 (Adj. Sess.), § 13, eff. Jan. 1…

§ 5125. Fees Applicants and persons regulated under this chapter shall pay those fees set forth in 3 V.S.A. § 125(b). (Added 2015, No. 156 (Adj. Sess.), § 13, eff. Jan. 1, 2017.)

§ 5126. Unprofessional conduct (a) Unprofessional conduct means the following conduct and the conduct set forth in 3 V.S.A. § 129a committed by a licensee, an applicant, or a person who later becomes an applicant: (1) has made or caused to be made a false, fraudulent, or forged s…

§ 5201. Purpose and effect In order to implement State policy and safeguard the public welfare, a person shall not engage in the practice of forestry unless currently licensed under this chapter. (Added 2015, No. 166 (Adj. Sess.), § 2.)

§ 5202. Definitions As used in this chapter: (1) “Director” means the Director of the Office of Professional Regulation. (2) “Disciplinary action” means any action taken against a licensee for unprofessional conduct. (3) “Forester” means a person who is licensed to practice fores…

§ 5203. Prohibitions; offenses (a) It shall be a violation of this chapter for any person, including any corporation, association, or individual, to: (1) sell or fraudulently obtain or furnish any forestry degree, diploma, certificate of registration, license, or any other relate…

§ 5204. Exemptions The following shall not require a license under this chapter: (1) An individual, college or university, family, family trust, or business from practicing forestry on his, her, or its own lands, provided that a business may only practice forestry on an aggregate…

§ 5211. Duties of the Director (a) The Director shall: (1) provide general information to applicants for licensure as foresters; (2) receive applications for licensure and provide licenses to applicants qualified under this chapter; (3) provide standards and approve education pro…

§ 5212. Advisor appointees (a)(1) The Secretary of State shall appoint three foresters for five-year staggered terms to serve at the Secretary’s pleasure as advisors in matters relating to forestry. One of the initial appointments shall be for less than a five-year term. (2) An a…

§ 5221. Qualifications for licensure Applicants for licensure shall qualify under one of the following paths to licensure: (1) Possession of a bachelor’s degree, or higher, in forestry from a program approved by the Director, satisfactory completion of two years of the SAF Certif…

§ 5222. Applications for licensure Applications for licensure shall be on forms provided by the Director. Each application shall contain a statement under oath showing the applicant’s education, forestry experience, and other pertinent information required by the Director. Applic…

§ 5223. Issuance of licenses The Director shall issue a license, upon payment of the fees prescribed in this chapter, to any applicant who has satisfactorily met all the requirements of this chapter. (Added 2015, No. 166 (Adj. Sess.), § 2.)

§ 5224. Renewals (a) Licenses shall be renewed every two years upon payment of the renewal fee. (b) Biennially, the Director shall provide notice to each licensee of license expiration and renewal requirements. Upon receipt of the completed form and the renewal fee, the Director …

§ 5225. License and renewal fees Applicants and persons regulated under this chapter shall pay those fees set forth in 3 V.S.A. § 125(b). (Added 2015, No. 166 (Adj. Sess.), § 2.)

§ 5226. Unprofessional conduct (a) The Director may deny an application for licensure or relicensure, revoke or suspend any license to practice forestry issued under this chapter, or discipline or in other ways condition the practice of a licensee upon due notice and opportunity …

§ 5301. Short title This chapter may be cited as the Uniform Law on Notarial Acts. (Added 2017, No. 160 (Adj. Sess.), § 1, eff. July 1, 2019.)

§ 5302. Uniformity of application and construction In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. (Added 2017, No. 160 (Adj. Sess.), § 1, eff. Ju…

§ 5303. Relation to Electronic Signatures in Global and National Commerce Act This chapter modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act…

§ 5304. Definitions As used in this chapter: (1) “Acknowledgment” means a declaration by an individual before a notary public that the individual has signed a record for the purpose stated in the record and, if the record is signed in a representative capacity, that the individua…

§ 5305. Exemptions (a) Judiciary- and law enforcement-related employees. (1) Employee exemptions. (A) Judiciary-related. (i) The persons set forth in subdivision (2)(A) of this subsection, when acting within the scope of their official duties, are exempt from all of the requireme…

§ 5321. Secretary of State’s Office duties The Office shall: (1) provide general information to applicants for commissioning as a notary public; (2) administer fees as provided under section 5324 of this chapter; (3) explain appeal procedures to notaries public and applicants and…

§ 5322. Advisor appointees (a) The Secretary of State shall appoint two notaries public to serve as advisors in matters relating to notarial acts. One of the advisors shall be an attorney selected from a list of at least three licensed attorneys provided by the Vermont Bar Associ…

§ 5323. Rules (a) The Office, with the advice of the advisor appointees, may adopt rules to implement this chapter. The rules may: (1) prescribe the manner of performing notarial acts regarding tangible and electronic records; (2) include provisions to ensure that any change to o…

§ 5324. Fees (a) For the issuance of a commission as a notary public, the Office shall collect a fee of $30.00. (b) For issuance of a special endorsement authorizing the performance of electronic and remote notarial acts in accordance with subsection 5341(d) of this chapter, the …

§ 5341. Commission as notary public; qualifications; no immunity or benefit (a) An individual qualified under subsection (b) of this section may apply to the Office for a commission as a notary public. The applicant shall comply with and provide the information required by rules …

§ 5342. Grounds to deny, refuse to renew, revoke, suspend, or condition commission of notary public (a) The Office may deny, refuse to renew, revoke, suspend, or impose a condition on a commission as notary public for any act or omission that demonstrates the individual lacks the…

§ 5343. Renewals; continuing education (a) Biennially, the Office shall provide a renewal notice to each commissioned notary public. Upon receipt of a notary public’s completed renewal, payment of the fee as set forth in section 5324 of this chapter, and evidence of eligibility, …

§ 5344. Database of notaries public The Office shall maintain an electronic database of notaries public: (1) through which a person may verify the authority of a notary public to perform notarial acts; and (2) that indicates whether a notary public has notified the Office that th…

§ 5345. Prohibitions; offenses (a) A person shall not perform or attempt to perform a notarial act or hold himself or herself out as being able to do so in this State without first having been commissioned. (b) A person shall not use in connection with the person’s name any lette…

§ 5361. Notarial acts in this State; authority to perform (a) A notarial act, as defined in subdivision 5304(10) of this chapter, may only be performed in this State by a notary public commissioned under this chapter. (b) The signature and title of an individual performing a nota…