§ 1. Vacancy, absence from State.

1. When there is a vacancy in the Offices of Governor and Lieutenant Governor, the Speaker of the House of Representatives shall act as Governor.
2. When the Governor is absent from the State, the Lieutenant Governor shall act for him or her, and when both the Governor and Lieutenant Governor are absent from the State, the Speaker of the House shall act as Governor.

   Amended 1965, No. 9 , § 1, eff. March 24, 1965.

§ 2. Agencies and boards in Governor's office.

The following agencies and boards are hereby attached to the Governor's office for administrative purposes:

1. State Claims Commission
2. Emergency Board
3. All agencies which involve or concern interstate relationships including:
   1. Connecticut River Flood Control Commission
   2. New England Board of Higher Education
   3. [Repealed.]
   4. Lake Champlain Bridge Commission
   5. Tri-State Regional Medical Needs Board
   6. Committee on Tri-State Institutional Matters
   7. Uniform Laws Commission
   8. New England Interstate Water Pollution Control Commission
   9. Interstate Commission on Lake Champlain Basin
   10. Northeastern Forest Fire Protection Commission
4. All interdepartmental agencies including:
   1. Interdepartmental Mental Health Council
   2. Traffic Committee.

      Added 1959, No. 329 (Adj. Sess.), § 2, eff. March 1, 1961; amended 1961, No. 205 , §§ 1, 2, eff. July 11, 1961; 2009, No. 135 (Adj. Sess.), § 26(2)(A).

§ 3. Executive clerk and messenger.

At the beginning of his or her term, the Governor shall appoint an executive clerk and an executive messenger for the term of two years to serve him or her when the General Assembly is in session and may remove them at pleasure.

§ 4. Correspondence.

1. The official correspondence of the Governor is the property of the State. Upon retiring from office, he or she shall cause such correspondence and an itemized list thereof to be deposited with the Secretary of State. The Secretary of State shall preserve these records in accordance with professional archival practices recommended by the State Archivist.
2. In the discretion of the Secretary of State, such correspondence and list, in whole or in part, may be microfilmed or otherwise reformatted in accordance with archival principles. In the discretion of the Secretary of State the originals of those papers that are actually reformatted may be disposed of.

   Amended 1995, No. 148 (Adj. Sess.), § 4(c)(2), eff. May 6, 1996; 1997, No. 75 (Adj. Sess.), § 1.

§ 5. Counsel.

The Governor may employ counsel in behalf of the State in any State department or office, when, in his or her judgment, the protection of the rights and interests of the State demands it.

§ 6. Certificates of election.

The Governor shall furnish certificates of election to the Senators and Representatives elected to represent this State in Congress.

§ 7. Delegates.

Whenever in his or her judgment it is for the best interest of the State, the Governor may appoint a delegate to attend any convention, conference, or meeting without the State, as a representative of this State or any department thereof.

§ 8. Inspection of State institutions.

The Governor shall have power, in his or her discretion, to visit and inspect any State institution or to appoint a visitor to make such inspection and report to him or her.

§ 9. Rewards.

The Governor may offer a suitable reward, not exceeding the sum of $1,000.00 in any case, to be paid to a person or persons who, in consequence of such offer, apprehends or secures a person who has escaped from any institution in this State in which he or she was lawfully confined and, when requested by the Attorney General, may offer such a reward for information leading to the arrest and conviction of any person who has committed a felony in this State. The Commissioner of Finance and Management shall issue his or her warrant for the amount of such reward in favor of the person whom the Governor certifies to be entitled to the same.

Added 1959, No. 328 (Adj. Sess.), § 8(b); amended 1983, No. 195 (Adj. Sess.), § 5(b).

§ 10. Authority to delegate functions.

When by provisions of any laws enumerated in section 13 of this title the Governor is required to approve any act, appointment, employment, or decision done or made by any other officer of the State Government or by any board, commission, or agency of the State government, as a condition to such act, appointment, employment, or decision becoming effective, the power and duty of the Governor as regards such approval may be delegated by him or her to any of the duly elected State officers or to any officer appointed by the Governor, or appointed by the Governor and with consent of the Senate or appointed with the approval of the Governor and with the consent of the Senate.

Added 1959, No. 254 , § 1; amended 1973, No. 41 , eff. April 3, 1973.

§ 11. Method of delegating; responsibility of Governor.

The delegating of duties herein authorized shall be in writing and shall specify with particularity the cases in which it is to apply. It shall become effective only when an executed duplicate copy of the delegation is filed in the Office of the Secretary of State. Such delegation may be revoked at any time by the Governor, and such revocation shall be in writing and likewise filed as the original delegation. The delegation of a particular function shall not prevent the Governor from acting in a case thereunder, and in any such instance, the delegation shall be of no effect. Nothing contained herein shall relieve the Governor of his or her responsibility for the acts of any officer designated by him or her under the authority of sections 10-13 of this title to perform any function.

Added 1959, No. 254 , § 2.

§ 12. Scope.

Sections 10-13 of this title shall be interpreted as applying only in cases in which the Governor's duty is approval of a prior act, appointment, employment, or decision done or made by another officer or by a board, commission, or agency, and shall not be interpreted as applying in cases in which the act, appointment, employment, or decision is required to be done or made initially by the Governor but shall not include approval of rules or regulations.

Added 1959, No. 254 , § 3.

§ 13. Application.

Sections 10-13 of this title shall apply only to the following sections: 202, 207 and 631 of this title; 4 V.S.A. § 852 ; 6 V.S.A. §§ 3 , 4, 982, 1141 and 2922; 10 V.S.A. §§ 53 , 54 and 4149; 20 V.S.A. §§ 1484 , 1874(a), 1875, 2221, 2271 and 2273; 21 V.S.A. § 1104 ; 22 V.S.A. § 282 ; 23 V.S.A. § 103 ; 29 V.S.A. §§ 3 and 1104; and 32 V.S.A. §§ 3104 and 3105.

Added 1959, No. 254 , § 4.

§ 14. Federal Highway Safety Act; powers of Governor and political subdivision.

1. The Governor shall be responsible for the administration of the State's Highway Safety Program, and may cooperate with and contract with State and federal agencies and political subdivisions, and public and private organizations, in order to effectuate the purposes of the National Highway Safety Act of 1966 and any amendments thereto, to the end that federal monies available for such purposes may be obtained.  The Governor may designate an appropriate agency of the State through which the State's Highway Safety Program may be administered.
2. The Governor shall provide for the receipt, allocation, and disbursement of federal monies received pursuant to this section, in accordance with such State and federal laws and regulations as may be applicable.
3. Towns, cities, emergency medical services districts, municipalities, and other political subdivisions are authorized to administer local highway safety programs approved by the Governor as part of the State's Highway Safety Program, and to receive funds available for the foregoing purposes subject to applicable laws and regulations and the approval of the Governor.

   Added 1967, No. 25 ; amended 1969, No. 112 , § 2, eff. April 22, 1969.

§ 15. [Omitted.].

§ 16. Repealed. 1981, No. 206 (Adj. Sess.), § 4.

§ 17. Federal funding cuts; transfer of personnel.

To enable the Governor to respond effectively to cuts in federal spending and in the interests of efficiency, he or she may, with the approval of the General Assembly or the Joint Fiscal Committee if the General Assembly is not in session, temporarily transfer positions among the departments and agencies of the Executive Branch of government; provided, however, that no transfer may be made under this section which substantially affects the functioning of a program or policy which has been approved or adopted by the General Assembly.

Added 1981, No. 91 , § 22, eff. July 5, 1981.

§ 18. Spouse abuse programs; eligibility.

1. There is hereby created the Spouse Abuse Program.
2. The Vermont Center for Crime Victim Services shall be authorized to award grants for the Spouse Abuse Program. Awards shall be made by the Center to spouse abuse programs established for the purpose of providing shelter, protection, or support for battered or abused spouses. The Center shall, insofar as possible, award grants to provide reasonable geographic distribution of funds around the State.
3. [Repealed.]
4. In order to receive funds under this section, each participating program shall:
   1. Receive some funding from one or more local, municipal, or county source, public or private.  Contributions in kind, whether material, commodities, transportation, or office space, may be evaluated and counted as part of this requirement.
   2. Reapply annually for continued funding as necessary.
5. Duties and functions of the Center.
   1. The Center shall adopt rules under chapter 25 of this title pursuant to which interested local programs may apply for funding.  Any local agency or organization may apply to participate.
   2. The Center shall establish minimum standards for eligibility for State funds awarded through the provisions of this section.

      Added 1981, No. 123 (Adj. Sess.), § 2; amended 1995, No. 178 (Adj. Sess.), § 57a; 2011, No. 139 (Adj. Sess.), § 1, eff. May 14, 2012; 2015, No. 97 (Adj. Sess.), § 71.

§ 19. Expired.

§ 20. Repealed. 1993, No. 204 (Adj. Sess.), § 3, eff. June 17, 1994.

§ 21. Sexual Assault Victims Program.

1. The Sexual Assault Victims Program is hereby established.
2. The Vermont Center for Crime Victim Services is authorized to award grants for a sexual assault victims program. Awards shall be made by the Center to a sexual assault victims program established for the purpose of providing emergency services, counseling, and support for victims of sexual assault. The Center shall, insofar as possible, award grants to provide reasonable geographic distribution of funds around the State.
3. [Repealed.]
4. In order to receive funds under this section, each participating program shall:
   1. Receive some funding from one or more local, municipal, or county source, public or private.  Contributions in kind, whether material, commodities, transportation, volunteer services, or office space, may be evaluated and counted as part of this requirement.
   2. Reapply annually for continued funding as necessary.
5. Duties and functions of the Center.
   1. The Center shall adopt rules under chapter 25 of this title pursuant to which interested local programs may apply for funding. Any local agency or organization may apply to participate.
   2. The Center shall establish minimum standards for eligibility for State funds awarded through the provisions of this section.

      Added 1987, No. 257 (Adj. Sess.), § 1; amended 1995, No. 178 (Adj. Sess.), § 57a; 2011, No. 139 (Adj. Sess.), § 51, eff. May 14, 2012; 2015, No. 97 (Adj. Sess.), § 72.

§ 22. The Commission on Women.

1. 1. The Commission on Women is created as the successor to the Governor's Commission on Women established by Executive Order No. 20-86. The Commission shall be organized and have the duties and responsibilities as provided in this section. (a) (1)  The Commission on Women is created as the successor to the Governor's Commission on Women established by Executive Order No. 20-86. The Commission shall be organized and have the duties and responsibilities as provided in this section.

   The Commission shall be an independent agency of the government of Vermont and shall not be subject to the control of any other department or agency.

   Members of the Commission shall be drawn from throughout the State and from diverse racial, ethnic, religious, age, sexual orientation, and socioeconomic backgrounds and shall have had experience working toward the improvement of the status of women in society.

2. The Commission shall consist of 16 members, appointed as follows:
   1. Eight members shall be appointed by the Governor, not more than four of whom shall be from one political party.
   2. 1. Eight members shall be appointed by the General Assembly, four by the Senate Committee on Committees, and four by the Speaker of the House. (2) (A) Eight members shall be appointed by the General Assembly, four by the Senate Committee on Committees, and four by the Speaker of the House.
      2. Not more than two appointees shall be members of the General Assembly, and each appointing authority shall appoint not more than two members from the same political party.
3. The terms of members shall be four years. Appointments of members to fill vacancies or expired terms shall be made by the authority that made the initial appointment to the vacated or expired term.
4. 1. Members of the Commission shall elect biennially by majority vote the Chair of the Commission. (d) (1)  Members of the Commission shall elect biennially by majority vote the Chair of the Commission.
   2. Members of the Commission shall be entitled to receive per diem compensation and reimbursement of expenses as permitted under 32 V.S.A. § 1010 , which shall be paid by the Commission.
5. Nine members shall constitute a quorum of the Commission. Once a quorum has been established, the vote of a majority of the members present at the time of the vote shall be an act of the Commission.
6. The Commission may appoint members to an advisory council to provide information on the concerns of Vermont women and assist the Commission in the fulfillment of its responsibilities. The Commission may establish ad hoc committees or task forces to study and make recommendations to the Commission. The chair of such committees or task forces shall be appointed by the Chair of the Commission. The tenure of such committees or task forces shall be determined by the nature of the study and the project undertaken.
7. The Commission shall conduct studies of matters concerning women, and in furtherance of that responsibility may:
   1. review Vermont statutes with regard to sex discrimination and other matters affecting the status of women;
   2. educate and inform business, education, State and local governments, and the general public about the nature and scope of sex discrimination and other matters affecting the status of women in Vermont;
   3. serve as a liaison and clearinghouse between government, private interest groups, and the general public concerned with services for women, and, in this regard, may publish a periodic newsletter to provide information to these constituencies;
   4. promote consideration of qualified women for all levels of government positions.
8. The powers of the Commission shall include the following:
   1. to conduct research and study of issues affecting the status of women in Vermont;
   2. to advise and consult with the Executive and Legislative branches of State government on policies affecting the status of women in Vermont;
   3. to maintain an office and hire employees as necessary to carry out its duties;
   4. to acquire on a contractual or other basis such necessary legal, technical, or research expertise and support services as it may require for the discharge of its duties;
   5. to publish periodic reports documenting the legal, economic, social, and political status, and other concerns of women in Vermont;
   6. to utilize such voluntary and uncompensated services of private individuals, agencies, and organizations as may, from time to time, be offered and needed;
   7. to accept and solicit funds, including any gifts, donations, grants, or bequests or any federal funds, for any Commission-related purposes.
9. 1. No part of any funds appropriated to the Commission by the General Assembly shall, in the absence of express authorization by the General Assembly, be used directly or indirectly for legislative or administrative advocacy. The Commission shall review and amend as necessary all existing contracts and grants to ensure compliance with this subsection. (i) (1)  No part of any funds appropriated to the Commission by the General Assembly shall, in the absence of express authorization by the General Assembly, be used directly or indirectly for legislative or administrative advocacy. The Commission shall review and amend as necessary all existing contracts and grants to ensure compliance with this subsection.
   2. As used in this subsection, legislative or administrative advocacy means employment of a lobbyist as defined in 2 V.S.A. chapter 11, or employment, establishment, or maintenance of a lobbyist position whose primary function is to influence legislators or State officials with respect to pending legislation or rules.

      Added 2001, No. 142 (Adj. Sess.), § 175b; amended 2009, No. 33 , § 3; 2018, No. 2 (Sp. Sess.), § 6.

§ 23. The Commission on International Trade.

1. Definitions.  For the purposes of this section: "International Trade Agreement" means a trade agreement between the federal government and a foreign country. International Trade Agreement does not include a trade agreement between the State and a foreign country to which the federal government is not a party.
2. Membership.  There is created a Commission on International Trade and State Sovereignty consisting of:
   1. the Chair of the House Committee on Commerce or his or her designee;
   2. the Chair of the Senate Committee on Economic Development, Housing and General Affairs or his or her designee;
   3. a representative of a nonprofit environmental organization, appointed by the Governor from a list provided by the Vermont Natural Resources Council;
   4. a representative of organized labor, appointed by the Governor from a list provided by Vermont AFL-CIO, Vermont NEA, and the Vermont State Employees' Association;
   5. the Secretary of Commerce and Community Development or his or her designee;
   6. the Attorney General or his or her designee;
   7. a representative of an exporting Vermont business, appointed by the Governor;
   8. a representative of a Vermont business actively involved in international trade, appointed by the Governor;
   9. the Secretary of Agriculture, Food and Markets or his or her designee; and
   10. a representative of a Vermont chamber of commerce, appointed by the Governor.
3. Powers and duties.
   1. The Commission shall conduct an annual assessment of the legal and economic impacts of International Trade Agreements on State and local laws, State sovereignty, and the business environment.
   2. It shall provide a mechanism for citizens and legislators to voice their concerns, which it shall use to make policy recommendations to the General Assembly, to the Governor, to Vermont's congressional delegation, or to the trade representatives of the United States government. Recommendations shall be designed to protect Vermont's job and business environment, and State sovereignty from any negative impacts of trade agreements.
   3. It may recommend legislation or preferred practices and shall work with interested groups in other states to develop means to resolve the conflicting goals and tension inherent in the relationship between international trade and State sovereignty.
   4. As provided for in 9 V.S.A. chapter 111A, the Commission shall consider and develop formal recommendations with respect to how the State should best respond to challenges and opportunities posed by a particular International Agreement.
4. Reporting.  The Commission shall submit an annual report, which shall be prepared by the Secretary of Commerce and Community Development, to the House Committee on Commerce and Economic Development, the Senate Committee on Economic Development, Housing and General Affairs, the Governor, and Vermont's congressional delegation. The report shall contain information acquired pursuant to activities carried out under subsection (c) of this section. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this subsection.
5. Staff services.  The Commission shall be entitled to staff services of the Agency of Commerce and Community Development, the Office of Legislative Counsel, the Office of Legislative Operations, and the Joint Fiscal Office.
6. Per diem.  For attendance at a meeting when the General Assembly is not in session, legislative members of the Commission shall be entitled to the same per diem compensation and reimbursement for actual and necessary expenses as provided members of standing committees under 2 V.S.A. § 23 . Except for members employed by the State, members of the Commission shall be entitled to the same per diem compensation as provided under 32 V.S.A. § 1010(a) and mileage reimbursement as provided under 32 V.S.A. § 1267 .

   Added 2005, No. 212 (Adj. Sess.), § 8, eff. May 29, 2006; amended 2007, No. 65 , § 405, eff. June 4, 2007; 2009, No. 78 (Adj. Sess.), § 44, eff. April 15, 2010; 2013, No. 142 (Adj. Sess.), § 5; 2019, No. 144 (Adj. Sess.), § 17.

§§ 31-35. Recodified. 1989, No. 148 (Adj. Sess.), § 2(b).

§ 51. Seal.

The Secretary of Civil and Military Affairs shall have a seal of office upon which shall be the words: EXECUTIVE DEPARTMENT. VERMONT.

§ 52. Records.

The Secretary shall keep a full and complete record of official acts of the Executive Department in books to be furnished for that purpose and such record books, except those in actual use, shall be kept in the State House.

§ 53. Copies.

The Secretary shall make copies of records in his or her office, attested under his or her seal, for the fees provided by law, and full faith and credit shall be given to such copies.

§ 54. Repealed. 1979, No. 200 (Adj. Sess.), § 120.

§ 101. Commission; office.

The Secretary of State shall be commissioned by the Governor and shall keep an office open for the transaction of business.

§ 102. Seal.

The Secretary shall have a seal of office, with the same device as the State Seal, and around the Seal the words: SECRETARY OF STATE. VERMONT. Full faith and credit shall be given to certified copies and attestations under his or her Seal.

§ 102a. Facsimile signature of Secretary of State.

A facsimile of the signature of the Secretary of State imprinted by or at his or her direction upon any certification issued under Title 11 or 11A, upon any attestation required of the Secretary by law or upon any certification of official documents or records of which the Secretary is custodian shall have the same validity as the Secretary of State's written signature.

Added 1993, No. 108 (Adj. Sess.), § 22, eff. Feb. 16, 1994.

§ 103. Documents required to be filed.

1. All deeds, contracts of sale, leases, and other documents or copies of same conveying land or an interest therein to the State, except for transportation rights-of-way, leases, and conveyances, shall be filed in the Office of the Secretary of State.
2. All deeds, contracts of sale, leases, and other documents conveying land or an interest in land from the State as grantor, except for transportation rights-of-way, leases, and conveyances, shall be made out in duplicate by the authorized agent of the State. The original shall be delivered to the grantee and the duplicate copy, so marked, shall be filed in the Office of the Secretary of State.
3. The Secretary of State shall also record the State Treasurer's bonds and other documents required to be recorded in the Secretary of State's office and give copies of the same upon tender of the Secretary of State's legal fees.

   Amended 2009, No. 123 (Adj. Sess.), § 31.

§ 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 Secretary shall cause the act or resolution to be reproduced in form suitable to be submitted to the printer designated in 29 V.S.A. § 1115 . Before submission to the printer, the Secretary shall correct obvious typographical errors and assign a public law number to each act or resolution. The Secretary shall cause a suitable index and reference tables to be prepared.

Amended 1969, No. 90 , § 2.

§ 105. Repealed. 1967, No. 257 (Adj. Sess.), § 3, eff. Feb. 21, 1968.

§ 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 then keep the originals on permanent file.

Added 1969, No. 90 , § 3; amended 1995, No. 148 (Adj. Sess.), § 4(c)(2), eff. May 6, 1996; 2009, No. 91 (Adj. Sess.), § 1, eff. May 6, 2010.

§ 107. Legislative clerk.

At the commencement of each session of the General Assembly, the Secretary of State shall appoint and set the compensation of a legislative clerk, subject to the approval of the Governor. The duties of the legislative clerk shall be as follows:

1. to prepare a copy of the acts and resolutions for the printer designated by the Commissioner of Buildings and General Services;
2. to prepare the joint assembly journals;
3. to keep a register of lobbyists;
4. to prepare and distribute certified copies of resolutions as directed by the General Assembly;
5. to prepare index and tables of laws for the acts and resolves;
6. such other legislative duties as the Secretary shall assign.

   Added 1969, No. 90 , § 4; amended 1995, No. 148 (Adj. Sess.), § 4(c)(2), eff. May 6, 1996.

§ 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 the purpose of distribution, exchange, or for the use of the respective State officers, commissioners, departments, and citizens of the State. The Secretary may cause such compilations to be provided with the proper indices. He or she shall also cause bulletins or circulars to be prepared and printed relating to statistical and other matters of public nature on file or recorded in his or her office, and may employ necessary assistance for the preparation of such compilations, indices, bulletins, and circulars. The expense of such preparation and publication of such compilations, indices, bulletins, and circulars shall be paid by the State, and the Commissioner of Finance and Management shall issue his or her warrants for such expenses when the accounts therefor have been duly approved by the Secretary. All accounts for printing shall also be approved by the Commissioner of Buildings and General Services before the Commissioner of Finance and Management issues such warrants.

Amended 1961, No. 30 , eff. March 17, 1961; 1983, No. 195 (Adj. Sess.), § 5(b); 1995, No. 148 (Adj. Sess.), § 4(c)(2), eff. May 6, 1996.

§ 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 are printed and published, and deposit the same in his or her office, which, with such laws and journals and revisions of the laws as are now in his or her office, shall be kept therein and shall not be taken therefrom unless by authority of law.

§ 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 in court and have the same force as the original.

§ 111. Township charters.

1. 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.
2. Copies of original charters of townships deposited in the Secretary of State's office shall be valid records of such charters, and such record or copies thereof duly certified by the Secretary of State shall be competent evidence of such original charters in Court.

§ 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, required by law to be filed or recorded with him or her, upon tender of his or her legal fees. Such copies, duly certified by him or her, shall be competent evidence in court and have the same force as the originals thereof would have had, if produced in court.

Amended 2019, No. 131 (Adj. Sess.), § 3.

§§ 114-114a. Repealed. 1989, No. 250 (Adj. Sess.), § 92.

§ 115. Repealed. 1975, No. 118, § 101.

§ 116. Repealed. 1981, No. 217 (Adj. Sess.), § 11.

§ 116a. State boards and commissions registry. Section 116a effective January 1, 2023.

1. 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 provided in the 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 provided in the registry.
   2. 1. The registry shall include the names of the members of each State board and commission, their term length and expiration, and their appointing authority. (2) (A) The registry shall include the names of the members of each State board and commission, their term length and expiration, and their appointing authority.
      2. Each State board and commission shall be responsible for providing to the Vermont State Archives and Records Administration this registry information and any updates to it in a manner prescribed by the State Archivist.
   3. The registry shall track the dates of the initial creation of State boards and commissions created by State law and of any amendments to those laws for the purpose of the intended five-year expiration of those State boards and commissions described in subsection (b) of this section.
2. 1. It is the intent of the General Assembly that, except for State boards and commissions required by interstate compact and except as otherwise provided by law, a State board or commission created by State law shall cease to exist after five years from the date of its initial creation, five years from the last date that the statutory or session law containing the State board or commission was amended, or on January 1, 2025, whichever date is latest. (b) (1)  It is the intent of the General Assembly that, except for State boards and commissions required by interstate compact and except as otherwise provided by law, a State board or commission created by State law shall cease to exist after five years from the date of its initial creation, five years from the last date that the statutory or session law containing the State board or commission was amended, or on January 1, 2025, whichever date is latest.
   2. 1. In each biennial session beginning in the year 2025, the Office of Legislative Counsel, in consultation with the Vermont State Archives and Records Administration and based on the registry's date tracking described in subdivision (a)(3) of this section, shall prepare for the General Assembly's review a list of the State boards and commissions subject to expiration under this subsection. (2) (A) In each biennial session beginning in the year 2025, the Office of Legislative Counsel, in consultation with the Vermont State Archives and Records Administration and based on the registry's date tracking described in subdivision (a)(3) of this section, shall prepare for the General Assembly's review a list of the State boards and commissions subject to expiration under this subsection.
      2. A State board or commission shall only expire pursuant to legislative enactment.
3. As used in this section, "State board or commission" means a professional or occupational licensing board or commission, advisory board or commission, appeals board, promotional board, interstate board, supervisory board or council, or any other similar entity that:
   1. is created by State law, by federal law and contains State appointees, or by executive order;
   2. is established as or is attached to an Executive Branch entity;
   3. has statewide jurisdiction or carries out a State function; and
   4. is not composed of members appointed exclusively by regional, county, or municipal entities.

      Added 2018, No. 2 (Sp. Sess.), § 12, eff. Jan. 1, 2019; amended 2019, No. 61 , § 1.

§ 117. Vermont State Archives and Records Administration.

1. 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 capturing and maintaining evidence of, and information about, public agency business activities and transactions in the form of public records.
   2. "Archives" or "archival records" means public records that have continuing legal, administrative, or informational value.
   3. "Appraisal" means the identification, classification, and analysis of all public records, regardless of physical form or characteristics, to determine their value and ultimate disposition, based upon their legal, administrative, or informational value.
   4. "Public record" or "public document" has the same meaning as set forth in 1 V.S.A. § 317 .
   5. "Public agency" has the same meaning as set forth in 1 V.S.A. § 317 .
   6. "Record schedule" means a policy issued by the Vermont State Archives and Records Administration and approved by the State Archivist governing the life cycle management, retention, and disposition of public records.
2. There is created within the Office of the Secretary of State the Vermont State Archives and Records Administration, which is charged with administering a Statewide Records and Information Management Program for all public agencies in accordance with generally accepted record-keeping principles and industry standards and best practices.
3. Services of the Statewide Records and Information Management Program shall include:
   1. providing assistance to public agencies in establishing, maintaining, and implementing active and continuing internal records and information management programs for the effective management of records produced or acquired in the course of public agency business;
   2. ensuring that low-cost, secure repositories and systems for public records, regardless of format, are available at an enterprise or statewide level and managed and operated in a manner that supports compliance with generally accepted record-keeping principles, industry standards, best practices, the Public Records Act, this section, and, where applicable, section 218 of this title;
   3. developing, issuing, and maintaining statewide records and information management standards and information governance frameworks;
   4. performing formal appraisals of public records and issuing record schedules accordingly;
   5. operating a Records Center to hold inactive analog State public records in accordance with record schedules;
   6. accepting land records submitted on microfilm by municipal and county clerks for storage in the Records Center;
   7. taking legal custody of State archival records, regardless of format, in accordance with record schedules; and
   8. arranging, describing, and preserving archival records in accordance with archival principles and best practices, and promoting their use by government officials and the public.
4. The State Archivist may appoint an advisory committee to provide assistance and support for the State Archives and Records Administration.
5. The Secretary may adopt rules consistent with this section.
6. There shall be the Director of the Vermont State Archives and Records Administration who shall have the title of "State Archivist," who shall be qualified by education and professional experience to perform the duties of the position, and who shall simultaneously serve as Chief Records Officer. The State Archivist shall be a classified position within the Office of the Secretary of State.
7. In fulfilling the duties as Director of the Vermont State Archives and Records Administration, the State Archivist shall:
   1. issue policies, standards, guidelines, and procedures necessary to carry out the provisions of this section;
   2. administer and maintain the Statewide Records and Information Management Program for the efficient and systematic control of public records;
   3. approve record schedules governing the life cycle management, retention, and disposition of public records;
   4. receive grants, gifts, aid, or assistance, of any kind, from any source, public or private, for the purpose of managing, preserving, or promoting public records; and
   5. serve as chair of the Vermont Historical Records Advisory Board pursuant to 36 C.F.R. part 1206 for the purposes of improving public access to, and engagement with, Vermont historical records and encouraging and facilitating collaborative efforts among Vermont historical records repositories.
8. [Repealed.]
9. [Repealed.]
10. [Repealed.]
11. There is hereby created the Public Records Special Fund. The Fund shall be administered as a special fund pursuant to 32 V.S.A. chapter 7, subchapter 5. The purpose of the Fund is to support improved management of public records by State agencies. The Fund shall consist of receipts from other government agencies for the provision of Records and Information Management Program services by the Vermont State Archives and Records Administration in the Office of the Secretary of State. The Fund shall be available to the Office of the Secretary of State and shall be expended for the purposes of activities authorized by subsection 117(c) of this title.

    Added 1973, No. 32 , § 1 eff. March 28, 1973; amended 1989, No. 186 (Adj. Sess.), § 1; 1995, No. 148 (Adj. Sess.), § 4(c)(2), eff. May 6, 1996; 2003, No. 3 , § 1; 2007, No. 96 (Adj. Sess.), § 3; 2009, No. 91 (Adj. Sess.), § 2, eff. May 6, 2010; 2011, No. 139 (Adj. Sess.), § 2, eff. May 14, 2012; 2013, No. 1 , § 77; 2017, No. 74 , § 142; 2017, No. 100 (Adj. Sess.), § 1; 2019, No. 14 , § 2, eff. April 30, 2019.

§ 118. Collection and disposition of revenue.

1. 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 5, subchapter 3 of this title. The Fund shall be administered as a special fund pursuant to 32 V.S.A. chapter 7, subchapter 5. At the end of each fiscal year, the unobligated balance in this Fund shall be transferred to the General Fund.
2. All revenues collected by the Secretary of State shall be deposited into the Secretary of State Services Fund except for the following revenues:
   1. any revenues collected by the Office of Professional Regulation set forth in chapter 5, subchapter 3 of this title; and
   2. any revenues collected pursuant to subsection 117(k) of this title.

      Added 2013, No. 1 , § 78.

§ 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 matters or denials of licensure, either an administrative law officer appointed under subsection 129(j) of this subchapter or the Director in advisor professions. Notwithstanding statutory language to the contrary, this subchapter shall apply to all those boards.
3. 1. "License" includes any certification, registration, permit, commission, or other official authorization to undertake a regulated activity. (3) (A) "License" includes any certification, registration, permit, commission, or other official authorization to undertake a regulated activity.
   2. "Licensee" includes any person to whom a license has been issued by a board or the Director.
4. "Office" means the Office of Professional Regulation.

   Added 1989, No. 250 (Adj. Sess.), § 1; amended 1997, No. 40 , § 1; 2001, No. 132 (Adj. Sess.), § 1; 2005, No. 148 (Adj. Sess.), § 1; 2019, No. 30 , § 1.

§ 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 appointed by the Secretary of State and shall be an exempt employee. The following boards or professions are attached to the Office of Professional Regulation:

1. Board of Architects
2. Board of Barbers and Cosmetology
3. Board of Chiropractic
4. Board of Allied Mental Health Practitioners
5. Board of Dental Examiners
6. Board of Funeral Service
7. Board of Professional Engineering
8. Board of Land Surveyors
9. [Repealed.]
10. Board of Nursing
11. Nursing Home Administrators
12. Opticians
13. Board of Optometry
14. Board of Osteopathic Physicians and Surgeons
15. Board of Pharmacy
16. Physical Therapists
17. Radiologic Technology
18. Board of Private Investigative and Security Services
19. Board of Public Accountancy
20. Board of Veterinary Medicine
21. Motor Vehicle Racing
22. Boxing
23. Board of Psychological Examiners
24. Real Estate Commission
25. Clinical Social Workers
26. Acupuncturists
27. Tattooists and Body Piercers
28. Audiologists and Hearing Aid Dispensers
29. Real Estate Appraisers
30. Auctioneers
31. Occupational Therapists
32. Dietitians
33. Respiratory Care Practitioners
34. Psychoanalysts
35. Foresters
36. [Repealed.]
37. Naturopathic Physicians
38. Athletic Trainers
39. Midwifery
40. Electrology
41. Speech-Language Pathologists
42. Landscape Architects
43. Property Inspectors
44. Applied Behavior Analysts
45. Alcohol and Drug Abuse Counselors
46. Potable Water Supply and Wastewater System Designers
47. Pollution Abatement Facility Operators
48. Notaries Public
49. Massage Therapists, Bodyworkers, and Touch Professionals

    Added 1989, No. 250 (Adj. Sess.), § 1; amended 1989, No. 264 (Adj. Sess.), § 2; 1991, No. 167 (Adj. Sess.), § 61; 1991, No. 236 (Adj. Sess.), § 3 ; 1993, No. 102 , § 2; 1993, No. 103 , § 2; 1993, No. 222 (Adj. Sess.), § 18; 1995, No. 79 (Adj. Sess.), § 2; 1995, No. 171 (Adj. Sess.), § 4; 1997, No. 40 , § 76; 1997, No. 108 (Adj. Sess.), § 3, eff. Jan. 1, 1999; 1999, No. 133 (Adj. Sess.), § 52; 2001, No. 132 (Adj. Sess.), § 2; 2001, No. 151 (Adj. Sess.), § 49, eff. July 1, 2003; 2011, No. 116 (Adj. Sess.), § 1; 2013, No. 136 (Adj. Sess.), § 1; 2013, No. 138 (Adj. Sess.), § 1; 2015, No. 38 , § 45, eff. July 1, 2016; 2015, No. 156 (Adj. Sess.), § 2, eff. Sept. 1, 2016; 2015, No. 156 (Adj. Sess.), § 10, eff. Jan. 1, 2017; 2015, No. 166 (Adj. Sess.), § 1; 2019, No. 30 , § 2; 2019, No. 178 (Adj. Sess.), § 1, eff. Oct. 1, 2020; 2019, No. 178 (Adj. Sess.), § 28, eff. April 1, 2021.

§ 123. Duties of Office.

1. 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. Issuing, recording, renewing, and reinstating all licenses as ordered by the boards, an appellate officer, the Director, an administrative law officer, or a court.
   3. Revoking or suspending licenses as ordered by the boards, the Director, an administrative law officer, or a court.
   4. Keeping all files and records of the boards, including minutes of meetings.
   5. Compiling and maintaining a current register of all licensees.
   6. Compiling and maintaining statistical information for each board, including the number of applications received; the number of licenses, certificates, registrations, and permits issued, renewed, and reinstated; examination results; the number and disposition of inspections and complaints; and the number of board meetings.
   7. Collecting and depositing all fees into the Professional Regulatory Fee Fund.
   8. Arranging payment of all expenses incurred by the boards within the limits of the funds appropriated to them.
   9. Standardizing, to the extent feasible and with the advice of the boards, all applications, licenses, and other related forms and procedures, and adopting uniform procedural rules governing the investigatory and disciplinary process for all boards set forth in section 122 of this chapter.
   10. Notifying the public and board members of all meetings and examinations to be held by the boards and arranging for places for those meetings and examinations.
   11. Assisting the boards in developing rules consistent with the principles set forth in 26 V.S.A. chapter 57. Notwithstanding any provision of law to the contrary, the Secretary of State shall serve as the adopting authority for those rules.
   12. With the assistance of the boards, establishing a schedule of license renewal and termination dates so as to distribute the renewal work in the Office as effectively as possible.
       1. Licenses may be issued and renewed according to that schedule for periods of up to two years.
       2. A person whose initial license is issued within 90 days prior to the set renewal date shall not be required to renew the license until the end of the first full biennial licensing period following initial licensure.
   13. To the extent that resources permit, providing other administrative services that are necessary or desirable for the efficient operation of the boards.
2. The Director shall consult with each board and prepare a consolidated budget for the Office. The consolidated budget shall also contain funds deemed to be required by the Director for the administration of this chapter. The Director shall submit the consolidated budget to the Secretary of State.
3. The Director may purchase examination materials and contract with examination providers to administer examinations.
4. The Director may adopt procedures for the effective administration of this section.
5. The Secretary of State shall contract with and appoint one or more attorneys licensed to practice in this State to serve as administrative law officers under subsection 129(j) of this title or appellate officers under section 130a of this title.
6. Classified State employees who are employed as investigators by the Secretary of State who have successfully met the standards of training for a Level III law enforcement officer under 20 V.S.A. chapter 151 shall have the same powers as sheriffs in criminal matters and the enforcement of the law and in serving criminal process, and shall have all the immunities and matters of defense now available or hereafter made available to sheriffs in a suit brought against them in consequence for acts done in the course of their employment.
7. 1. The Office shall establish uniform procedures applicable to all of the professions and boards set forth in section 122 of this chapter, providing for: (g) (1)  The Office shall establish uniform procedures applicable to all of the professions and boards set forth in section 122 of this chapter, providing for:
      1. appropriate recognition of education, training, or service completed by a member of the U.S. Armed Forces toward the requirements of professional licensure; and
      2. expedited issuance of a professional license to a person who is licensed in good standing in another regulatory jurisdiction; and
         1. whose spouse is a member of the U.S. Armed Forces and who has been subject to a military transfer to Vermont; and
         2. who left employment to accompany his or her spouse to Vermont.
   2. The Director may evaluate specific military credentials to determine equivalency to credentials required for professions attached to the Office. The determinations shall be adopted through written policy that shall be posted on the Office's website.
8. Notwithstanding any provision of Title 26 of the Vermont Statutes Annotated to the contrary, the Office, on behalf of the Director or a board, may use electronic mail to send notices and reminders that would otherwise be sent by mail, except certified mail, and may use online services to elicit information and sworn attestations that would otherwise be obtained on a paper form.
9. 1. The Director shall actively monitor the actions of boards attached to the Office and shall ensure that all board actions pursued or decided are lawful, consistent with State policy, reasonably calculated to protect the public, and not an undue restraint of trade. (i) (1)  The Director shall actively monitor the actions of boards attached to the Office and shall ensure that all board actions pursued or decided are lawful, consistent with State policy, reasonably calculated to protect the public, and not an undue restraint of trade.
   2. If the Director finds an exercise of board authority or discretion does not meet those standards, the Director may, except in the case of disciplinary actions:
      1. provide written notice to the board explaining the perceived inconsistency, which notice shall have the effect of staying that action and implementing any alternative prescribed by the Director;
      2. schedule a public meeting with the board to resolve questions about the action and explore alternatives; and
      3. within 60 days following that meeting, issue a written directive finding that:
         1. the exercise of board authority or discretion is consistent with State policy, in which case the action shall be reinstated;
         2. the exercise of board authority or discretion is inconsistent with State policy in form, but may be modified to achieve consistency, in which case the board may issue a modified action consistent with the Director's recommendation; or
         3. the exercise of board authority or discretion is inconsistent with State policy in purpose, in which case any alternative prescribed by the Director shall stand as the regulatory policy of the State.
10. 1. The Office may inquire into the criminal background histories of applicants for initial licensure and for license renewal for the following professions: (j) (1)  The Office may inquire into the criminal background histories of applicants for initial licensure and for license renewal for the following professions:
       1. licensed nursing assistants, licensed practical nurses, registered nurses, and advanced practice registered nurses licensed under 26 V.S.A. chapter 28;
       2. private investigators, security guards, and other persons licensed under 26 V.S.A. chapter 59;
       3. real estate appraisers and other persons or business entities licensed under 26 V.S.A. chapter 69; and
       4. osteopathic physicians licensed under 26 V.S.A. chapter 33.
    2. Prior to acting on an initial or renewal application, the Office may obtain with respect to the applicant a Vermont criminal history record, an out-of-state criminal history record, and a criminal history record from the Federal Bureau of Investigation. Federal Bureau of Investigation background checks shall be fingerprint-supported, and fingerprints so obtained may be retained on file and used to notify the Office of future triggering events. Each applicant shall consent to the release of criminal history records to the Office on forms developed by the Vermont Crime Information Center.
    3. Applicants subject to background checks shall be notified that a check is required, if fingerprints will be retained on file, and that criminal convictions are not an absolute bar to licensure, and shall be provided such other information as may be required by federal law or regulation.
11. For any profession attached to it, the Office shall provide a pre-application determination of an individual's criminal background. This determination shall not be binding on the Office in a future application if the individual violates probation or parole or is convicted of another crime following the determination.
    1. The Office shall initiate this determination upon an individual's "second chance" determination request. This request shall provide documentation related to the individual's conviction or convictions, evidence of rehabilitation, and identification of the profession or professions for which the individual seeks licensure.
    2. The individual shall submit this request online, accompanied by the fee for preapplication determinations set forth in section 125 of this subchapter. If the individual thereafter applies for licensure, this preapplication fee shall be deducted from that license application fee.
    3. The Office shall:
       1. process a request within 30 days of receiving a complete request;
       2. assess the nature of the underlying conviction or convictions, the nexus to the profession or professions for which the individual seeks licensure, and the provided evidence of rehabilitation; and
       3. respond to the individual's request in writing.
12. When, by reason of disqualification, resignation, vacancy, or necessary absence, a board is unable to form a quorum or assign one or more members to assist in the investigation and prosecution of complaints or license applications, or to adjudicate a contested case, the Secretary of State may appoint ad hoc members, either as voting members to establish a quorum at a specific meeting or as nonvoting members to assist Office investigators and prosecutors.

    Added 1989, No. 250 (Adj. Sess.), § 1; amended 1997, No. 40 , § 2; 1999, No. 133 (Adj. Sess.), § 51; 2003, No. 122 (Adj. Sess.), § 78g; 2005, No. 27 , § 1; 2007, No. 163 (Adj. Sess.), § 1; 2009, No. 33 , § 4; 2009, No. 103 (Adj. Sess.), § 1; 2011, No. 116 (Adj. Sess.), § 2; 2013, No. 27 , § 1; 2013, No. 138 (Adj. Sess.), § 2; 2013, No. 141 (Adj. Sess.), § 11, eff. July 1, 2015; 2017, No. 48 , § 1; 2017, No. 115 (Adj. Sess.), § 2, eff. Jan. 1, 2020; 2017, No. 144 (Adj. Sess.), § 1; 2019, No. 152 (Adj. Sess.), § 1, eff. April 1, 2021; 2019, No. 178 (Adj. Sess.), § 2, eff. Oct. 1, 2020.

§ 124. Professional Regulatory Fee Fund.

1. 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. one profession should not subsidize the cost of regulating another profession.
2. Professions regulated by the Director in consultation with advisor appointees shall share the cost of regulating those professions.
3. A Professional Regulatory Fee Fund is created. All revenues received by the office shall be deposited into the Fund, credited to the appropriate board or to the professions regulated by the Director as a group, as appropriate, shall be used to offset up to two years of the costs incurred by that board or that group and shall not be used for any purpose other than professional regulation.
4. To ensure that revenues derived by the Office are adequate to offset the cost of regulation, the Secretary of State shall review fees from time to time, and present proposed fee changes to the General Assembly.

   Added 1989, No. 250 (Adj. Sess.), § 1; amended 1991, No. 167 (Adj. Sess.), § 62; 1997, No. 59 , § 44, eff. June 30, 1997; 1999, No. 52 , § 1; 2007, No. 163 (Adj. Sess.), § 2.

§ 125. Fees.

1. In addition to the fees otherwise authorized by law, a board or advisor profession may charge the following fees:
   1. Verification of license, $20.00.
   2. An examination fee established by the Secretary, which shall be no greater than the costs associated with examinations.
   3. Reinstatement fees for expired licenses pursuant to section 127 (unauthorized practice) of this title.
   4. Continuing, qualifying, or prelicensing education course approval:
      1. Provider, $100.00.
      2. Individual, $25.00.
   5. Subdivision (a)(5) effective April 1, 2021.  A preapplication criminal background determination, $25.00.
2. Unless otherwise provided by law, the following fees shall apply to all professions regulated by the Director in consultation with advisor appointees under Title 26:
   1. Application for registration, $75.00, except application for:
      1. Private investigator and security services employees, unarmed registrants, $60.00.
      2. Private investigator and security service employees, transitory permits, $60.00.
      3. Private investigator and security service employees, armed registrants, $120.00.
   2. Application for licensure or certification, $100.00, except application for:
      1. Barbering or cosmetology schools and shops, $300.00.
      2. Subdivision (b)(2)(B) effective June 1, 2023.  Funeral directors, embalmers, crematory personnel, removal personnel, funeral establishments, crematory establishments, and limited services establishments, $70.00.
      3. Application for real estate appraisers, $275.00.
      4. Temporary real estate appraiser license, $150.00.
      5. Appraisal management company registration, $600.00.
      6. Private investigator or security services agency, $340.00.
      7. Private investigator and security services agency, $400.00.
      8. Private investigator or security services sole proprietor, $250.00.
      9. Private investigator or security services unarmed licensee, $150.00.
      10. Private investigator or security services armed licensee, $200.00.
      11. Private investigator and security services instructor, $120.00.
   3. Optician trainee registration, $50.00.
   4. Biennial renewal, $240.00, except biennial renewal for:
      1. Independent clinical social workers and master's social workers, $150.00.
      2. Occupational therapists and assistants, $150.00.
      3. Physical therapists and assistants, $150.00.
      4. Optician trainees, $100.00.
      5. Barbers, cosmetologists, nail technicians, and estheticians, $130.00.
      6. Schools of barbering or cosmetology, $300.00.
      7. Subdivision (b)(4)(G) effective June 1, 2023.  Funeral directors and embalmers, $280.00.
      8. Subdivision (b)(4)(H) effective June 1, 2023.  Crematory personnel and removal personnel, $100.00.
      9. Subdivision (b)(4)(I) effective June 1, 2023.  Funeral establishments, crematory establishments, and limited services establishments, $640.00.
      10. [Repealed.]
      11. Radiologic therapist, radiologic technologist, nuclear medicine technologist, $150.00.
      12. Certified alcohol and drug abuse counselor, certified apprentice addiction professional, and licensed alcohol and drug abuse counselor, $225.00.
      13. Private investigator or security services agency, or both, $300.00.
      14. Private investigator or security services unarmed licensee, $120.00.
      15. Private investigator or security services armed licensee, $180.00.
      16. Private investigator or security services unarmed registrant, $80.00.
      17. Private investigator or security services armed registrant, $130.00.
      18. Private investigator or security services sole proprietor, $250.00.
      19. Private investigator or security services instructor, $180.00.
   5. Limited temporary license or work permit, $50.00.
   6. Radiologic evaluation, $125.00.
   7. Annual renewal for appraisal management company registration, $300.00.
3. Notwithstanding any provisions of law to the contrary, a board shall not require payment of renewal fees for years during which a license was lapsed.
4. Subsection (d) effective April 1, 2021.  Pursuant to qualifications and procedures determined by the Director, the Office shall, upon request, waive application fees to qualified military members and military spouses.

   Added 1989, No. 250 (Adj. Sess.), § 1; amended 1997, No. 40 , § 3; 1997, No. 59 , § 45, eff. June 30, 1997; 1997, No. 145 (Adj. Sess.), § 1; 1999, No. 133 (Adj. Sess.), §§ 1, 45; 2001, No. 143 (Adj. Sess.), § 17, eff. June 21, 2002; 2005, No. 27 , § 2; 2005, No. 72 , § 7; 2009, No. 103 (Adj. Sess.), § 2; 2011, No. 116 (Adj. Sess.), § 3; 2015, No. 38 , § 1, eff. May 28, 2015; 2017, No. 144 (Adj. Sess.), § 2, eff. May 21, 2018; 2019, No. 70 , § 13; 2019, No. 152 (Adj. Sess.), § 2, eff. April 1, 2021; 2019, No. 178 (Adj. Sess.), § 3, eff. Oct. 1, 2020.

§ 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, notice, or demand may be served. In the event any process, notice, or demand is served on the Secretary of State, the Secretary shall immediately cause one of the copies thereof to be forwarded by certified mail, addressed to the person at its registered Office.

Added 1989, No. 250 (Adj. Sess.), § 1.

§ 127. Unauthorized practice.

1. When the Office receives a complaint of unauthorized practice, the Director shall refer the complaint to Office investigators and prosecutors.
2. 1. A person practicing a regulated profession without authority or an employer permitting such practice may, upon the complaint of the Attorney General or a State's Attorney or an attorney assigned by the Office of Professional Regulation, be enjoined therefrom by the Superior Court where the violation occurred or the Washington County Superior Court and may be assessed a civil penalty of not more than $5,000.00. (b) (1)  A person practicing a regulated profession without authority or an employer permitting such practice may, upon the complaint of the Attorney General or a State's Attorney or an attorney assigned by the Office of Professional Regulation, be enjoined therefrom by the Superior Court where the violation occurred or the Washington County Superior Court and may be assessed a civil penalty of not more than $5,000.00.
   2. 1. The Attorney General or an attorney assigned by the Office of Professional Regulation may elect to bring an action seeking only a civil penalty of not more than $2,500.00 for practicing or permitting the practice of a regulated profession without authority before the board having regulatory authority over the profession or before an administrative law officer. (2) (A) The Attorney General or an attorney assigned by the Office of Professional Regulation may elect to bring an action seeking only a civil penalty of not more than $2,500.00 for practicing or permitting the practice of a regulated profession without authority before the board having regulatory authority over the profession or before an administrative law officer.

      Hearings shall be conducted in the same manner as disciplinary hearings.

   3. 1. A civil penalty imposed by a board or administrative law officer under this subsection (b) shall be deposited in the Professional Regulatory Fee Fund established in section 124 of this chapter for the purpose of providing education and training for board members and advisor appointees. (3) (A) A civil penalty imposed by a board or administrative law officer under this subsection (b) shall be deposited in the Professional Regulatory Fee Fund established in section 124 of this chapter for the purpose of providing education and training for board members and advisor appointees.

      The Director shall detail in the annual report receipts and expenses from these civil penalties.

3. In addition to other provisions of law, unauthorized practice shall be punishable by a fine of not more than $5,000.00 or imprisonment for not more than one year, or both. Prosecution may occur upon the complaint of the Attorney General or a State's Attorney or an attorney assigned by the Office of Professional Regulation under this section and shall not act as a bar to civil or administrative proceedings involving the same conduct.
4. 1. A person whose license has expired for not more than one biennial period may reinstate the license by meeting renewal requirements for the profession, paying the profession's renewal fee, and paying the following nondisciplinary reinstatement penalty: (d) (1)  A person whose license has expired for not more than one biennial period may reinstate the license by meeting renewal requirements for the profession, paying the profession's renewal fee, and paying the following nondisciplinary reinstatement penalty:
      1. if reinstatement occurs within 30 days after the expiration date, $100.00; or
      2. if reinstatement occurs more than 30 days after the expiration date, an amount equal to the renewal fee increased by $40.00 for every additional month or fraction of a month, provided the total penalty shall not exceed $1,500.00.
   2. Fees assessed under this subsection shall be deposited into the Regulatory Fee Fund and credited to the appropriate fund for the profession of the reinstating licensee.
   3. A licensee seeking reinstatement may submit a petition for relief from the reinstatement penalty, which a board may grant only upon a finding of exceptional circumstances or extreme hardship to the licensee; provided, however, that fees under this subsection shall not be assessed for any period during which a licensee was a member of the U.S. Armed Forces on active duty.
   4. Practice by a licensee with an expired license that continues for more than two years, or practicing at any time when the licensee knew or should have known the license was expired, may be prosecuted by the State as unauthorized practice under this section or as unprofessional conduct pursuant to subdivision 129a(a)(3) of this title.
5. A person practicing a licensed profession without authority shall not institute any proceedings in this State for the enforcement of any right or obligation if at the time of the creation of the right or obligation the unlicensed person was acting without authority.
6. The provisions of this section shall be in addition to any other remedies or penalties for unauthorized practice established by law.

   Added 1989, No. 250 (Adj. Sess.), § 1; amended 1995, No. 138 (Adj. Sess.), § 12, eff. May 1, 1996; 1995, No. 171 (Adj. Sess.), § 8, eff. May 15, 1996; 2003, No. 60 , § 1; No. 66, § 84; 2005, No. 27 , § 3; 2005, No. 148 (Adj. Sess.), § 2; 2015, No. 38 , § 2, eff. May 28, 2015; 2017, No. 144 (Adj. Sess.), § 3; 2019, No. 30 , § 3.

§ 128. Disciplinary action to be reported to the Office.

1. 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 disciplinary action taken by it or its staff that limits or conditions the licensee's privilege to practice or leads to suspension or expulsion from the institution. (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 disciplinary action taken by it or its staff that limits or conditions the licensee's privilege to practice or leads to suspension or expulsion from the institution.
   2. The report shall be made within 10 days of the date the disciplinary action was taken, regardless of whether the action is the subject of a pending appeal, and in the case of a licensee who is employed by, or under contract with, a community mental health center, a copy of the report shall also be sent to the Commissioners of Mental Health and of Disabilities, Aging, and Independent Living.
   3. This section shall not apply to cases of resignation, separation from service, or changes in privileges that are unrelated to:
      1. a disciplinary or adverse action;
      2. an adverse action report to the National Practitioner Data Bank;
      3. an unexpected adverse outcome in the care or treatment of a patient;
      4. misconduct or allegations of misconduct;
      5. the initiation or process of an action to limit, condition, or suspend a licensee's privilege to practice in an institution;
      6. an action to expel the licensee from an institution; or
      7. any other action that could lead to an outcome described in subdivisions (A) through (F) of this subdivision (3).
2. Within 30 days of any judgment or settlements involving a claim of professional negligence by a licensee, any insurer of the licensee shall report such information to the Office, regardless of whether the action is the subject of a pending appeal.
3. Information provided to the Office under this section shall be confidential unless the Office decides to treat the report as a complaint, in which case the provisions of section 131 of this title shall apply.
4. A person who acts in good faith in accord with the provisions of this section shall not be liable for damages in any civil action.
5. A person who violates this section shall be subject to a civil penalty of not more than $1,000.00.

   Added 1989, No. 250 (Adj. Sess.), § 1; 1995, No. 126 (Adj. Sess.), § 1; amended 2001, No. 129 (Adj. Sess.), § 1, eff. June 13, 2002; 2011, No. 66 , § 1, eff. June 1, 2011; 2013, No. 96 (Adj. Sess.), § 5; 2013, No. 138 (Adj. Sess.), § 3; 2017, No. 48 , § 2; 2017, No. 144 (Adj. Sess.), § 4.

§ 129. Powers of boards or of Director in advisor professions; discipline process.

1. 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 State policy, develop administrative rules establishing evidence-based standards of practice appropriate to secure and promote the public health, safety, and welfare; open and fair competition within the marketplace for professional services; interstate mobility of professionals; and public confidence in the integrity of professional services.
   2. Issue subpoenas and administer oaths in connection with any authorized hearing, investigation, or disciplinary proceeding. Subpoenas may be issued ex parte by the chair of the board, the Director, or any attorney representing a party. Depositions may be taken after charges upon due notice to all parties without specific authorization by the board.
   3. Issue warnings or reprimands, suspend, revoke, limit, condition, deny, or prevent renewal of licenses, after disciplinary hearings or, in cases requiring emergency action, immediately suspend, as provided by section 814 of this title. In a case involving noncompliance with a statute or rule relating to administrative duties not related to patient, client, or customer care, a board or hearing officer may determine that ordering a monetary civil penalty does not constitute a finding of unprofessional conduct.
   4. Reinstate or deny reinstatement of a license that has been revoked, suspended, limited, or conditioned.
   5. Discipline any licensee or refuse to license any person who has had a license application denied or a license revoked, suspended, limited, conditioned, or otherwise disciplined by a licensing agency in another jurisdiction for conduct that would constitute unprofessional conduct in this State, or has surrendered a license while under investigation for unprofessional conduct.
   6. Notify relevant State, federal, and local agencies and appropriate bodies in other states of the status of any disciplinary case against an applicant or licensee, provided the board has taken disciplinary action or has served a notice of charges against the person.
   7. Refuse to accept the return of a license tendered by the subject of a disciplinary investigation or refuse to allow an applicant who is the subject of a disciplinary investigation to withdraw his or her application without permission of the board.
   8. Adopt rules governing the issuance of licenses to practice, to persons licensed and in good standing to practice in another jurisdiction, that authorize the holder of the license to practice in this State for no more than 10 days or 80 hours in any calendar year upon payment of the required fee.
   9. For good cause shown, waive fees when a license is required to provide services on a pro bono basis or in accordance with standards established by the board by rule.
   10. 1. Issue temporary licenses during a declared state of emergency. The person to be issued a temporary license must be: (10) (A) Issue temporary licenses during a declared state of emergency. The person to be issued a temporary license must be:
          1. currently licensed, in good standing, and not subject to disciplinary proceedings in any other jurisdiction; or
          2. a graduate of an approved education program during a period when licensing examinations are not reasonably available.
       2. The temporary license shall authorize the holder to practice in Vermont until the termination of the declared state of emergency or 90 days, whichever occurs first, provided the licensee remains in good standing, and may be reissued by the board if the declared state of emergency continues longer than 90 days.

          Fees shall be waived when a license is required to provide services under this subdivision.

   11. Treat as incomplete any license application submitted with a check subsequently returned for insufficient funds.
   12. Waive or modify continuing education requirements for persons on active duty in the U.S. Armed Forces.
   13. Administer a Vermont statutes and rules examination as a condition of licensure, renewal, or reinstatement.
   14. Grant an honorary license to those individuals having demonstrated outstanding service to a profession, at the discretion of the board. An honorary license shall not confer the right or privilege to practice the profession in this State.
2. A board or the Director, in the case of professions that have advisor appointees, shall receive complaints from any source, or may investigate without receiving a complaint.
3. 1. Boards and administrative law officers sitting in disciplinary cases shall do so impartially and without ex parte knowledge of the case in controversy. (c) (1)  Boards and administrative law officers sitting in disciplinary cases shall do so impartially and without ex parte knowledge of the case in controversy.
   2. A State prosecuting attorney assigned by the Office shall be responsible for prosecuting disciplinary cases before boards or administrative law officers.
   3. The Office may assign one or more board members or advisors to assist Office investigators and the prosecutor in relation to the investigation and prosecution of licensing and disciplinary matters. If a board member has served in this capacity, the member shall not participate in ex parte communications with other board members regarding the case and shall not participate in deliberating or deciding the case.
4. A board or the Director shall notify parties, in writing, of their right to appeal final decisions of the board. A board or the Director shall also notify complainants in writing of the result of any disciplinary investigation made with reference to a complaint brought by them to the board or Director. When a disciplinary investigation results in a stipulation filed with the board, the board or the Director shall provide the complainant with a copy of the stipulation and notice of the stipulation review scheduled before the board. The complainant shall have the right to be heard at the stipulation review.
5. 1. When a board or the Director, in the case of professions that have advisor appointees, intends to deny an application for a license, the board or Director shall send the applicant written notice of the decision by certified mail. The notice shall include a statement of the reasons for the action and shall advise the applicant that the applicant may file a petition within 30 days of the date on which the notice is mailed with the board or the Director for review of its or his or her preliminary decision. (e) (1)  When a board or the Director, in the case of professions that have advisor appointees, intends to deny an application for a license, the board or Director shall send the applicant written notice of the decision by certified mail. The notice shall include a statement of the reasons for the action and shall advise the applicant that the applicant may file a petition within 30 days of the date on which the notice is mailed with the board or the Director for review of its or his or her preliminary decision.
   2. At the hearing, the applicant shall bear the burden of proving that the preliminary denial should be reversed and that the license should be granted.
   3. After the hearing, the board or Director shall affirm or reverse the preliminary denial, explaining the reasons therefor in writing.
6. 1. 1. The Director may appoint a hearing officer, who shall be an attorney admitted to practice in this State, to conduct a hearing that would otherwise be heard by a board. A hearing officer appointed under this subsection may administer oaths and exercise the powers of the board properly incidental to the conduct of the hearing. (f) (1) (A)  The Director may appoint a hearing officer, who shall be an attorney admitted to practice in this State, to conduct a hearing that would otherwise be heard by a board. A hearing officer appointed under this subsection may administer oaths and exercise the powers of the board properly incidental to the conduct of the hearing.
      2. When disciplinary charges are pending concurrently against a single individual or entity, in one profession or multiple, the Director is authorized to order that the matters be consolidated in a single proceeding.
   2. In board professions, when a hearing is conducted by a hearing officer, the officer shall report findings of fact and conclusions of law to the board. The report shall be made within 60 days of the conclusion of the hearing unless the board grants an extension. The provisions of section 811 of this title regarding proposals for decision shall not apply to the hearing officer report.
   3. The board may take additional evidence and may accept, reject, or modify the findings and conclusions of the hearing officer. Judgment on the findings shall be rendered by the board.
7. A board may authorize any of the following:
   1. Its chair or legal counsel to grant continuances of scheduled hearings.
   2. Its chair to grant or deny stays pending appeal.
   3. Its chair or legal counsel to convene and conduct prehearing conferences.
   4. Its legal counsel to preside at hearings for the purpose of making procedural and evidentiary rulings. The board may overrule a ruling by legal counsel under this subdivision.
8. 1. A board member, hearing officer, or administrative law officer having a personal or pecuniary interest or the appearance of a personal or pecuniary interest in the outcome of any board decision shall not participate in deciding the matter. (h) (1)  A board member, hearing officer, or administrative law officer having a personal or pecuniary interest or the appearance of a personal or pecuniary interest in the outcome of any board decision shall not participate in deciding the matter.
   2. 1. A board member, hearing officer, or administrative law officer whose disqualification is sought shall either disqualify himself or herself or, without ruling on the request for disqualification, refer the request to the Secretary of State, who shall rule on the request. (2) (A) A board member, hearing officer, or administrative law officer whose disqualification is sought shall either disqualify himself or herself or, without ruling on the request for disqualification, refer the request to the Secretary of State, who shall rule on the request.
      2. The ruling of the Secretary of State on a request for disqualification shall be final and shall be subject to review only upon appeal of a final order of a board under section 130a of this title or of an administrative law officer under subsection (j) of this section.
         1. A board may consult with the Attorney General or an attorney assigned by the Office of Professional Regulation for the proper conduct of its affairs.

            (j) Hearings involving denials of licensure or disciplinary matters concerning persons in professions that have advisor appointees shall be heard by an administrative law officer appointed by the Secretary of State.

            (k) (1) Whenever completion of certain continuing education requirements is a condition of renewal, the board may require the applicant to develop and complete a specific corrective action plan, to be completed within 90 days.

            (2) A board may grant a temporary renewal license pending the completion of the required continuing education.

            ( l ) Unless a disciplinary order expressly provides to the contrary, discipline against any license or credential issued by a regulatory body attached to the Office to an individual or entity shall be applicable as a matter of law to all other licenses issued to that licensee by that regulatory body.

            (m) In any proceeding under this section that addresses an applicant's or licensee's alleged sexual misconduct, evidence of the sexual history of the victim of the alleged sexual misconduct shall neither be subject to discovery nor be admitted into evidence. Neither opinion evidence of nor evidence of the reputation of the victim's sexual conduct shall be admitted.

            Added 1989, No. 250 (Adj. Sess.), § 1; amended 1991, No. 167 (Adj. Sess.), § 63; 1993, No. 102 , § 3; 1993, No. 103 , § 3; 1993, No. 222 (Adj. Sess.), § 19; 1995, No. 126 (Adj. Sess.), § 2; 1995, No. 138 (Adj. Sess.), § 13, eff. May 1, 1996; 1995, No. 171 (Adj. Sess.), § 9, eff. May 15, 1996; 1997, No. 40 , § 4; 1997, No. 145 (Adj. Sess.), § 2; 1999, No. 52 , § 2; 1999, No. 133 (Adj. Sess.), § 2; 2001, No. 129 (Adj. Sess.), § 2, eff. June 13, 2002; 2001, No. 151 (Adj. Sess.), § 1, eff. June 27, 2002; 2003, No. 66 , § 85; 2005, No. 27 , § 4; 2005, No. 148 (Adj. Sess.), § 3; 2007, No. 29 , § 1; 2007, No. 163 (Adj. Sess.), § 3; 2009, No. 35 , § 1; 2009, No. 103 (Adj. Sess.), § 3; 2011, No. 66 , § 2, eff. June 1, 2011; 2011, No. 116 (Adj. Sess.), § 4; 2015, No. 38 , § 3, eff. May 28, 2015; 2017, No. 48 , § 3; 2017, No. 144 (Adj. Sess.), § 5; 2019, No. 91 (Adj. Sess.), § 14, eff. March 30, 2020; 2019, No. 178 (Adj. Sess.), § 4, eff. Oct. 1, 2020.

§ 129a. Unprofessional conduct.

1. 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 or other disciplinary action. Any one of the following items or any combination of items, whether the conduct at issue was committed within or outside the State, shall constitute unprofessional conduct:
   1. Fraudulent or deceptive procurement or use of a license.
   2. Advertising that is intended or has a tendency to deceive.
   3. Failing to comply with provisions of federal or State statutes or rules governing the practice of the profession.
   4. Failing to comply with an order of the board or violating any term or condition of a license restricted by the board.
   5. Practicing the profession when medically or psychologically unfit to do so.
   6. Delegating professional responsibilities to a person whom the licensed professional knows, or has reason to know, is not qualified by training, experience, education, or licensing credentials to perform them, or knowingly providing professional supervision or serving as a preceptor to a person who has not been licensed or registered as required by the laws of that person's profession.
   7. Willfully making or filing false reports or records in the practice of the profession, willfully impeding or obstructing the proper making or filing of reports or records, or willfully failing to file the proper reports or records.
   8. Failing to make available promptly to a person using professional health care services, that person's representative, or succeeding health care professionals or institutions, upon written request and direction of the person using professional health care services, copies of that person's records in the possession or under the control of the licensed practitioner, or failing to notify patients or clients how to obtain their records when a practice closes.
   9. Failing to retain client records for a period of seven years, unless laws specific to the profession allow for a shorter retention period. When other laws or agency rules require retention for a longer period of time, the longer retention period shall apply.
   10. Conviction of a crime related to the practice of the profession or conviction of a felony, whether or not related to the practice of the profession.
   11. Failing to report to the Office a conviction of any felony or misdemeanor offense in a Vermont District Court, a Vermont Superior Court, a federal court, or a court outside Vermont within 30 days.
   12. Exercising undue influence on or taking improper advantage of a person using professional services, or promoting the sale of services or goods in a manner that exploits a person for the financial gain of the practitioner or a third party.
   13. Performing treatments or providing services that the licensee is not qualified to perform or that are beyond the scope of the licensee's education, training, capabilities, experience, or scope of practice.
   14. Failing to report to the Office within 30 days a change of name, e-mail, or mailing address.
   15. Failing to exercise independent professional judgment in the performance of licensed activities when that judgment is necessary to avoid action repugnant to the obligations of the profession.
   16. 1. Impeding an investigation under this chapter or unreasonably failing to reply, cooperate, or produce lawfully requested records in relation to such investigation. (16) (A) Impeding an investigation under this chapter or unreasonably failing to reply, cooperate, or produce lawfully requested records in relation to such investigation.
       2. The patient privilege set forth in 12 V.S.A. § 1612 shall not bar the licensee's obligations under this subsection (a) and a confidentiality agreement entered into in concluding a settlement of a civil claim shall not exempt the licensee from fulfilling his or her obligations under this subdivision (16).
   17. Advertising, promoting, or recommending a therapy or treatment in a manner tending to deceive the public or to suggest a degree of reliability or efficacy unsupported by competent evidence and professional judgment.
   18. Promotion by a treatment provider of the sale of drugs, devices, appliances, or goods provided for a patient or client in such a manner as to exploit the patient or client for the financial gain of the treatment provider, or selling, prescribing, giving away, or administering drugs for other than legal and legitimate therapeutic purposes.
   19. Willful misrepresentation in treatments or therapies.
   20. Offering, undertaking, or agreeing to cure or treat a disease or disorder by a secret method, procedure, treatment, or medicine.
   21. Permitting one's name or license to be used by a person, group, or corporation when not actually in charge of or responsible for the professional services provided.
   22. Prescribing, selling, administering, distributing, ordering, or dispensing any drug legally classified as a controlled substance for the licensee's own use or to an immediate family member as defined by rule.
   23. For any professional with prescribing authority, signing a blank or undated prescription form or negligently failing to secure electronic means of prescribing.
   24. For any mental health care provider, use of conversion therapy as defined in 18 V.S.A. § 8351 on a client younger than 18 years of age.
   25. For providers of clinical care to patients, failing to have in place a plan for responsible disposition of patient health records in the event the licensee should become incapacitated or unexpectedly discontinue practice.
   26. Sexually harassing or exploiting a patient, client, or consumer, or doing so to a coworker in a manner that threatens the health, safety, or welfare of patients, clients, or consumers; failing to maintain professional boundaries; or violating a patient, client, or consumer's reasonable expectation of privacy.
2. Failure to practice competently by reason of any cause on a single occasion or on multiple occasions may constitute unprofessional conduct, whether actual injury to a client, patient, or customer has occurred. Failure to practice competently includes:
   1. performance of unsafe or unacceptable patient or client care; or
   2. failure to conform to the essential standards of acceptable and prevailing practice.
3. The burden of proof in a disciplinary action shall be on the State to show by a preponderance of the evidence that the person has engaged in unprofessional conduct.
4. 1. After hearing, and upon a finding of unprofessional conduct, a board or an administrative law officer may take disciplinary action against a licensee or applicant, including imposing an administrative penalty not to exceed $5,000.00 for each unprofessional conduct violation. (d) (1)  After hearing, and upon a finding of unprofessional conduct, a board or an administrative law officer may take disciplinary action against a licensee or applicant, including imposing an administrative penalty not to exceed $5,000.00 for each unprofessional conduct violation.
   2. 1. Any money received under this subsection shall be deposited in the Professional Regulatory Fee Fund established in section 124 of this chapter for the purpose of providing education and training for board members and advisor appointees. (2) (A) Any money received under this subsection shall be deposited in the Professional Regulatory Fee Fund established in section 124 of this chapter for the purpose of providing education and training for board members and advisor appointees.

      The Director shall detail in the annual report receipts and expenses from money received under this subsection.

5. In the case where a standard of unprofessional conduct as set forth in this section conflicts with a standard set forth in a specific board's statute or rule, the standard that is most protective of the public shall govern.

   Added 1997, No. 40 , § 5; amended 2001, No. 151 (Adj. Sess.), § 2, eff. June 27, 2002; 2003, No. 60 , § 2; 2005, No. 27 , § 5; 2005, No. 148 (Adj. Sess.), § 4; 2009, No. 35 , § 2; 2011, No. 66 , § 3, eff. June 1, 2011; 2011, No. 116 (Adj. Sess.), § 5; 2017, No. 48 , § 4; 2017, No. 144 (Adj. Sess.), § 6, eff. July 1, 2019; 2019, No. 30 , § 4.

§ 129b. Board member and advisor appointments.

1. 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 appointed for staggered five-year terms and shall serve at the pleasure of the Governor. Appointments under this section shall not be subject to the advice and consent of the Senate. The Governor may remove any member of a board as provided in section 2004 of this title. Vacancies created other than by expiration of a term shall be filled in the same manner that the initial appointment was made for the unexpired portion of the term. Terms shall begin on January 1 of the year of appointment and run through December 31 of the last year of the term. The Governor may request nominations from any source but shall not be bound to select board members from among the persons nominated. As provided in section 2004 of this title, board members shall hold office and serve until a successor has been appointed.
2. Board members shall not serve more than two consecutive terms. Members appointed to fill a vacancy created before the end of a term shall not be deemed to have served a term for purposes of this section.
3. Boards shall meet annually, in September or the first meeting scheduled thereafter, to elect a chair, vice chair, and secretary.
4. Meetings may be called by the chair or shall be called upon the request of any other two board members.
5. Meetings shall be warned and conducted in accordance with 1 V.S.A. chapter 5, the Open Meeting Law.
6. Notwithstanding any provisions of law to the contrary, board members and advisors for all professions attached to the Office of Professional Regulation shall be entitled to compensation, at a rate provided in 32 V.S.A. § 1010 , for performance of official duties and other duties directly related to the efficient conduct of necessary business of a board or the Office.
7. For advisor professions:
   1. Advisors shall be appointed by the Secretary of State and shall serve at the pleasure of the Secretary of State. Advisor appointments shall be subject to the same conditions as those for board members under this section.
   2. The Office shall warn and conduct an open meeting including advisors, program staff, and interested members of the public:
      1. at least once per year for each profession with 500 or fewer active licensees; and
      2. at least twice per year for each profession with more than 500 active licensees.

         Added 1997, No. 40 , § 6; amended 1997, No. 145 (Adj. Sess.), §§ 3, 5; 2005, No. 27 , § 6; 2007, No. 29 , § 2; 2019, No. 30 , § 5.

§ 130. Repealed. 1989, No. 250 (Adj. Sess.), § 91(a).

§ 130a. Appeals.

1. 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. (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. 1. The review shall be conducted on the basis of the record created before the board or administrative law officer. (2) (A) The review shall be conducted on the basis of the record created before the board or administrative law officer.
      2. In cases of alleged irregularities in procedure before the board or administrative law officer, not shown in the record, proof on that issue may be taken by the appellate officer.
2. The appellate officer shall not substitute his or her judgment for that of the board or administrative law officer as to the weight of the evidence on questions of fact. The appellate officer may affirm the decision, or may reverse and remand the matter with recommendations if substantial rights of the appellant have been prejudiced because the board's or administrative law officer's finding, inferences, conclusions, or decisions are:
   1. in violation of constitutional or statutory provisions;
   2. in excess of the statutory authority of the board or administrative law officer;
   3. made upon unlawful procedure;
   4. affected by other error of law;
   5. clearly erroneous in view of the evidence on the record as a whole;
   6. arbitrary or capricious; or
   7. characterized by abuse of discretion or clearly unwarranted exercise of discretion.
3. A party aggrieved by a decision of the appellate officer may appeal to the Supreme Court, which shall review the matter on the basis of the records created before the board or administrative law officer and the appellate officer.

   Added 1993, No. 108 (Adj. Sess.), § 23, eff. Feb. 16, 1994; amended 2015, No. 167 (Adj. Sess.), § 5; 2017, No. 48 , § 5.

§ 131. Accessibility and confidentiality of disciplinary matters.

1. 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 a licensee when that action is based on a determination of unprofessional conduct.
2. All meetings and hearings of boards shall be subject to the Open Meeting Law.
3. The Secretary of State, through the Office of Professional Regulation, shall prepare and maintain a register of all complaints, which shall be a public record and which shall show:
   1. with respect to all complaints, the following information:
      1. the date and the nature of the complaint, but not including the identity of the licensee; and
      2. a summary of the completed investigation; and
   2. only with respect to complaints resulting in filing of disciplinary charges or stipulations or the taking of disciplinary action, the following additional information:
      1. the name and business addresses of the licensee and complainant;
      2. formal charges, provided that they have been served or a reasonable effort to serve them has been made, and all subsequent pleadings filed by the parties;
      3. the findings, conclusions, rulings, and orders of the board or administrative law officer;
      4. the transcript of the hearing, if one has been made, and exhibits admitted at the hearing;
      5. stipulations filed with the board or administrative law officer; and
      6. final disposition of the matter by the appellate officer or the courts.
4. Neither the Secretary nor the Office shall make public any other information regarding unprofessional conduct complaints, investigations, proceedings, and related records except the information required to be released under this section.
5. The discovery rules for conduct complaints shall apply to and govern the provision of investigatory files to those charged with unprofessional conduct.
6. As used in this section, "disciplinary action" means an action based on a finding of unprofessional conduct that suspends, revokes, limits, or conditions a license in any way, including administrative penalties, warnings, and reprimands.
7. Nothing in this section shall prohibit the disclosure of any information regarding unprofessional conduct complaints, or investigations thereof, in response to an order from a court of competent jurisdiction, or to State or federal law enforcement or regulatory agencies, provided the receiving agency or department:
   1. agrees to maintain the confidentiality and privileged status of the information as provided in subsection (d) of this section; and
   2. has jurisdiction over the subject matter in question.

      Added 1989, No. 250 (Adj. Sess.), § 1; amended 1997, No. 40 , § 8; 1999, No. 52 , § 3; 2001, No. 151 (Adj. Sess.), § 3, eff. June 27, 2002; 2003, No. 60 , § 3; 2005, No. 174 (Adj. Sess.), § 1; 2011, No. 78 (Adj. Sess.), § 2, eff. April 2, 2012; 2015, No. 38 , § 4, eff. May 28, 2015; 2017, No. 48 , § 6.

§ 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 Corporations Division of the Office of the Secretary of State, if required by law; and
2. separately register with the Office each name under which the business entity will conduct business, register licensees, and advertise in Vermont.

   Added 2015, No. 38 , § 5, eff. May 28, 2015.

§ 134. License renewal.

1. 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.
2. Practice with an expired license is unlawful and exposes a practitioner to the penalties set forth in section 127 of this chapter.

   Added 2017, No. 144 (Adj. Sess.), § 7.

§ 135. Uniform standard for renewal following extended absence.

1. 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 from completion of any continuing education that would have been required if the applicant had maintained continuous licensure, or by any less burdensome showing set forth in administrative rules specific to the profession or permitted by the Director.
2. When an applicant seeks to renew an expired or lapsed license after five or more years of absence from practice, the Director may, notwithstanding any provision of law to the contrary and as appropriate to ensure the continued competence of the applicant, determine that the applicant has either:
   1. demonstrated retention of required professional competencies and may obtain an unencumbered license; or
   2. not demonstrated retention of all required professional competencies and should be reexamined or required to reapply in like manner to a new applicant.
3. The Director may consult with a relevant board or advisor appointees for guidance in assessing continued competence under this section.

   Added 2017, No. 144 (Adj. Sess.), § 8; amended 2019, No. 30 , § 6.

§ 136. Uniform continuing education evaluation. Section 136 effective until April 1, 2021; see also section 136 effective April 1, 2021 set out below.

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 continuing education offerings, informed by profession-specific policies developed in consultation with relevant boards and advisor appointees.

Added 2017, No. 144 (Adj. Sess.), § 9.

§ 136. Uniform continuing education evaluation; sunset review. Section 136 effective April 1, 2021; see also section 136 effective until April 1, 2021 set out above.

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 continuing education offerings, informed by profession-specific policies developed in consultation with relevant boards and advisor appointees.
2. 1. Not less than once every five years, each profession attached to the Office shall review its continuing education or other continuing competency requirements. The review results shall be in writing and address the following: (b) (1)  Not less than once every five years, each profession attached to the Office shall review its continuing education or other continuing competency requirements. The review results shall be in writing and address the following:
      1. the renewal requirements of the profession;
      2. the renewal requirements in other jurisdictions, particularly in the Northeast region;
      3. the cost of the renewal requirements for the profession's licensees;
      4. an analysis of the utility and effectiveness of the renewal requirements with respect to public protection; and
      5. recommendations to the Director on whether the continuing education or other continuing competency requirements should be modified.
   2. The Director shall respond to the profession within 45 days of its submitted review results. The Director may require a profession to reduce, modify, or otherwise change the renewal requirements, including by proposing any necessary amendments to statute or rule.

      Added 2017, No. 144 (Adj. Sess.), § 9; amended 2019, No. 152 (Adj. Sess.), § 3, eff. April 1, 2021.

§ 136a. Uniform process for endorsement from other states. Section 136a effective April 1, 2021.

1. 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 years of practice in good standing in another jurisdiction within the United States, regardless of whether that jurisdiction has licensing requirements substantially similar to those of this State.
2. Any profession determining that three years of demonstrated practice in another jurisdiction is not adequately protective of the public shall provide its rationale to the Director, who may propose any necessary statutory or rule amendments in order to implement more restrictive requirements for endorsement.
3. The Director may issue to an endorsement applicant a waiver of the profession's practice requirement if there is a showing that the waiver follows State policy and the public is adequately protected.

   Added 2019, No. 152 (Adj. Sess.), § 4, eff. April 1, 2021.

§ 137. Uniform process for foreign credential verification.

1. 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 requirements for those professions attached to the Office that do not have laws addressing the verification and recognition of such credentials.
2. Any determination of equivalence by the Director under this section shall be recorded in the applicant's licensing file and shall be binding upon the relevant State board or regulatory program.
3. In administering this section, the Director may rely upon third-party credential verification services. The cost of such services shall be paid by the applicant.
4. The provisions relating to preliminary license denials set forth in subsection 129(e) of this subchapter shall apply to a license application that is preliminarily denied for nonequivalence under this section.

   Added 2019, No. 10 , § 1, eff. April 30, 2019.

§ 138. Required education for specified licensees; State energy goals. Section 138 effective July 1, 2021.

1. 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 architects licensed under 26 V.S.A. chapter 46;
   3. pollution abatement facility operators licensed under 26 V.S.A. chapter 99;
   4. potable water supply and wastewater system designers licensed under 26 V.S.A. chapter 97;
   5. professional engineers licensed under 26 V.S.A. chapter 20;
   6. property inspectors licensed under 26 V.S.A. chapter 19;
   7. real estate appraisers licensed under 26 V.S.A. chapter 69; and
   8. real estate brokers and salespersons licensed under 26 V.S.A. chapter 41.
2. The Office shall require each of the licensees described in subsection (a) of this section to complete an education module regarding the State's energy goals and how each licensee's specific 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 each license renewal. The module shall include education on any State or utility incentives relevant to the profession.
      1. The education module for initial licensure shall provide general information regarding the State's energy goals.
      2. 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 Office 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 for all the licensees set forth in subsection (a) of this section and in consultation with the Department of Taxes for real estate appraisers and real estate brokers and sales persons.

      Added 2019, No. 178 (Adj. Sess.), § 33, eff. July 1, 2021.

§ 151. Election and term.

An Attorney General shall be elected at the same time and in the same manner as provided for the election of other State officers. He or she shall be sworn to the faithful discharge of his or her duties. His or her term of office shall commence when his or her election is declared by the committee appointed by the Senate and House of Representatives to canvass the votes, agreeably with 17 V.S.A. § 2592 , or when elected by the General Assembly pursuant to said section, and continue for a term of two years.

§ 152. Scope of authority.

The Attorney General may represent the State in all civil and criminal matters as at common law and as allowed by statute. The Attorney General shall also have the same authority throughout the State as a State's Attorney. The Attorney General shall represent members of the General Assembly in all civil matters arising from or relating to the performance of legislative duties.

Amended 1969, No. 266 (Adj. Sess.), § 1, eff. April 8, 1970; 2018, No. 11 (Sp. Sess.), § E.200.2.

§ 153. General powers; deputy, assistants.

1. The Attorney General shall have the general supervision of criminal prosecutions, shall consult with and advise the State's Attorneys in matters relating to the duties of their office, and shall assist them by attending the grand jury in the examination of any cause or in the preparation of indictments and informations when, in his or her judgment, the interests of the State require it.
2. The Attorney General may appoint a Deputy Attorney General with the approval of the Governor, remove him or her at pleasure, and be responsible for his or her acts.  Such deputy shall perform such duties as the Attorney General shall direct, and in the absence or disability of the Attorney General perform the duties of the Attorney General.  In case a vacancy occurs in the Office of Attorney General, such deputy shall assume and discharge the duties of such office until such vacancy is filled.  Such appointment shall be in writing and be recorded in the Office of the Secretary of State.  Such Deputy Attorney General shall take the oath required by the constitution, shall be an informing officer and have the same authority throughout the State in civil or criminal matters as State's Attorneys have in their respective counties.
3. The Attorney General may appoint such Assistant Attorneys General and Special Assistant Attorneys General as may be necessary for the proper and efficient performance of his or her department, and with the approval of the Governor, fix their pay, remove them at pleasure and be responsible for their acts.  They shall have the same obligations, power and authority as the Deputy Attorney General except those relating to the absence or disability of the Attorney General and vacancy in the Office of Attorney General.  Their appointments and the revocation thereof shall be in writing and recorded in the Office of the Secretary of State.  All Assistant Attorneys General and Special Assistant Attorneys General shall be attorneys at law.

   Amended 1965, No. 44 , § 1, eff. May 5, 1965; 1965, No. 125 , § 15, eff. July 2, 1965; 1979, No. 59 , § 13.

§ 154. Assistance.

In the investigation and preparation for presentation to, or trial before, any court or tribunal of any cause or matter in which the State is a party or is interested, the Attorney General may employ such persons as in the Attorney General's judgment the public good requires, to search out, procure, and prepare evidence, and the Commissioner of Finance and Management shall issue warrants therefor. An investigator who has successfully completed a course of training under 20 V.S.A. chapter 151 shall have the same powers as sheriffs in criminal matters and the enforcement of the law and in serving criminal process, and shall have all the immunities and matters of defense now available or hereafter made available to sheriffs in a suit brought against them in consequence for acts done in the course of their employment.

Amended 1983, No. 195 (Adj. Sess.), § 5(b); 1989, No. 297 (Adj. Sess.), § 3.

§ 155. Legal assistant.

1. The Attorney General may appoint a legal assistant, such appointment to be made pursuant to the laws regarding personnel classification, selection and compensation.
2. The appointment of a legal assistant shall be in addition to other appointments which the Attorney General is authorized to make.

§ 156. Duties.

Such legal assistant shall perform such duties as the Attorney General directs and may appear in the trial or hearing of any civil or criminal cause in any court of the State on behalf of the Attorney General. Before assuming his or her duties, such legal assistant shall take and subscribe to the oath prescribed by the Constitution.

§ 157. Appearance for State.

The Attorney General shall appear for the State in the preparation and trial of all prosecutions for homicide and civil or criminal causes in which the State is a party or is interested when, in his or her judgment, the interests of the State so require. The Attorney General shall represent members of the General Assembly in all civil causes arising from or relating to the performance of legislative duties.

Amended 2018, No. 11 (Sp. Sess.), § E.200.3.

§ 158. Attendance at sessions of General Assembly.

When required by either branch of the General Assembly, the Attorney General shall attend its sessions and advise and assist in the preparation of legislative business and documents.

§ 159. Opinions; State matters and actions.

The Attorney General shall advise the elective and appointive State officers on questions of law relating to their official duties and shall furnish a written opinion on such matters, when so requested. He or she shall have general supervision of matters and actions in favor of the State and of those instituted by or against State officers wherein interests of the State are involved and may settle such matters and actions as the interests of the State require.

Amended 1967, No. 9 , eff. Feb. 23, 1967.

§ 160. State claims.

On receipt of notice thereof from the Commissioner of Finance and Management, the Attorney General shall forthwith notify State's Attorneys of any claim of the State which should be prosecuted in their counties. Subject to the direction of the Attorney General, such State's Attorneys shall prosecute the same and be liable on their official bonds for neglect in respect thereto. The State's Attorneys shall report to the Attorney General, as often as may be required by him or her, such facts concerning such actions as will enable him or her to keep a record thereof and of the proceedings therein.

Amended 1959, No. 328 (Adj. Sess.), § 8(c); 1983, No. 195 (Adj. Sess.), § 5(b).

§ 161. Repealed. 2009, No. 33, § 83(b)(1).

§ 162. Fees and services forbidden.

The Attorney General shall not receive any fee or reward from or in behalf of the prosecutor or for services in any prosecution or business to which it is his or her official duty to attend, nor shall he or she act as counsel or attorney for either party in a civil action depending upon the same facts involved in a criminal cause.

§ 163. Juvenile court diversion project.

1. The Attorney General shall develop and administer a juvenile court diversion project for the purpose of assisting juveniles charged with delinquent acts. In consultation with the diversion programs, the Attorney General shall adopt a policies and procedures manual in compliance with this section.
2. The diversion program administered by the Attorney General shall support the operation of diversion programs in local communities through grants of financial assistance to, or by contracting for services with, municipalities, private groups, or other local organizations. The Attorney General may require local financial contributions as a condition of receipt of project funding.
3. All diversion projects receiving financial assistance from the Attorney General shall adhere to the following provisions:
   1. The diversion project shall only accept persons against whom charges have been filed and the court has found probable cause, but are not yet adjudicated.
   2. Alleged offenders shall be informed of their right to the advice and assistance of private counsel or the public defender at all stages of the diversion process, including the initial decision to participate, and the decision to accept the diversion contract, so that the candidate may give his or her informed consent.
   3. The participant shall be informed that his or her selection of the diversion contract is voluntary.
   4. Each State's Attorney, in cooperation with the Attorney General and the diversion program, shall develop clear criteria for deciding what types of offenses and offenders will be eligible for diversion; however, the State's Attorney shall retain final discretion over the referral of each case for diversion. The provisions of 33 V.S.A. § 5225(c) and § 5280(e) shall apply.
   5. All information gathered in the course of the diversion process shall be held strictly confidential and shall not be released without the participant's prior consent (except that research and reports that do not require or establish the identity of individual participants are allowed).
   6. Information related to the present offense that is divulged during the diversion program shall not be used in the prosecutor's case.  However, the fact of participation and success, or reasons for failure may become part of the prosecutor's records.
   7. The diversion project shall maintain sufficient records so that the reasons for success or failure of the program in particular cases and overall can be investigated by program staff.
   8. Diversion projects shall be set up to respect the rights of participants.
   9. Each participant shall pay a fee to the local juvenile court diversion project. The amount of the fee shall be determined by project officers based upon the financial capabilities of the participant. The fee shall not exceed $150.00. The fee shall be a debt due from the participant, and payment of such shall be required for successful completion of the Program. Notwithstanding 32 V.S.A. § 502(a) , fees collected under this subdivision shall be retained and used solely for the purpose of the Court Diversion Program.
4. The Attorney General is authorized to accept grants and gifts for the purposes of this section, such acceptance being pursuant to 32 V.S.A. § 5 .
5. 1. Within 30 days after the two-year anniversary of a successful completion of juvenile diversion, the court shall provide notice to all parties of record of the court's intention to order the expungement of all court files and records, law enforcement records other than entries in the juvenile court diversion program's centralized filing system, fingerprints, and photographs applicable to the proceeding. The court shall give the State's Attorney an opportunity for a hearing to contest the expungement of the records. The court shall expunge the records if it finds: (e) (1)  Within 30 days after the two-year anniversary of a successful completion of juvenile diversion, the court shall provide notice to all parties of record of the court's intention to order the expungement of all court files and records, law enforcement records other than entries in the juvenile court diversion program's centralized filing system, fingerprints, and photographs applicable to the proceeding. The court shall give the State's Attorney an opportunity for a hearing to contest the expungement of the records. The court shall expunge the records if it finds:
      1. two years have elapsed since the successful completion of juvenile diversion by the participant and the dismissal of the case by the State's Attorney;
      2. the participant has not been convicted of a subsequent felony or misdemeanor during the two-year period, and no proceedings are pending seeking such conviction;
      3. rehabilitation of the participant has been attained to the satisfaction of the court; and
      4. the participant does not owe restitution related to the case under a contract executed with the Restitution Unit.
   2. The court may expunge any records that were sealed pursuant to this subsection prior to July 1, 2018 unless the State's Attorney's office that prosecuted the case objects. Thirty days prior to expunging a record pursuant to this subdivision, the court shall provide written notice of its intent to expunge the record to the State's Attorney's office that prosecuted the case.
   3. 1. The court shall keep a special index of cases that have been expunged pursuant to this section together with the expungement order. The index shall list only the name of the person convicted of the offense, his or her date of birth, the docket number, and the criminal offense that was the subject of the expungement. (3) (A) The court shall keep a special index of cases that have been expunged pursuant to this section together with the expungement order. The index shall list only the name of the person convicted of the offense, his or her date of birth, the docket number, and the criminal offense that was the subject of the expungement.
      2. The special index and related documents specified in subdivision (A) of this subdivision (3) shall be confidential and shall be physically and electronically segregated in a manner that ensures confidentiality and that limits access to authorized persons.
      3. Inspection of the expungement order and the certificate may be permitted only upon petition by the person who is the subject of the case. The Chief Superior Judge may permit special access to the index and the documents for research purposes pursuant to the rules for public access to court records.
      4. The Court Administrator shall establish policies for implementing this subsection (e).
6. Except as otherwise provided in this section, upon the entry of an order expunging files and records under this section, the proceedings in the matter shall be considered never to have occurred, all index references thereto shall be deleted, and the participant, the court, and law enforcement officers and departments shall reply to any request for information that no record exists with respect to such participant inquiry in any matter. Copies of the order shall be sent to each agency or official named therein.
7. The process of automatically expunging records as provided in this section shall only apply to those persons who completed diversion on or after July 1, 2002. Any person who completed diversion prior to July 1, 2002 must apply to the court to have his or her records expunged. Expungement shall occur if the requirements of subsection (e) of this section are met.
8. Subject to the approval of the Attorney General, the Vermont Association of Court Diversion Programs may develop and administer programs to assist persons under this section charged with delinquent, criminal, and civil offenses.
9. Notwithstanding subdivision (c)(1) of this section, the diversion program may accept cases from the Youth Substance Awareness Safety Program pursuant to 7 V.S.A. § 656 or 18 V.S.A. § 4230b . The confidentiality provisions of this section shall become effective when a notice of violation is issued under 7 V.S.A. § 656 (b) or 18 V.S.A. § 4230b (b) and shall remain in effect unless the person fails to register with or complete the Youth Substance Awareness Safety Program.
10. Notwithstanding subdivision (c)(1) of this section, the diversion program may accept cases pursuant to 33 V.S.A. §§ 5225-5280 .

    Added 1981, No. 206 (Adj. Sess.), § 1; amended 1995, No. 47 , § 1, eff. April 20, 1995; 1999, No. 160 (Adj. Sess.), § 2; 2003, No. 157 (Adj. Sess.), § 11; 2005, No. 198 (Adj. Sess.), § 4, eff. Sept. 1, 2006; 2007, No. 153 (Adj. Sess.), § 28; 2009, No. 12 , § 1; 2009, No. 156 (Adj. Sess.), § E.201; 2018, No. 8 (Sp. Sess.), § 10, eff. June 28, 2018; 2019, No. 77 , § 1, eff. June 19, 2019; 2019, No. 167 (Adj. Sess.), § 1, eff. Oct. 7, 2020.

§ 164. Adult court diversion program. Section 164 effective until July 1, 2021; see also section 164 effective July 1, 2021 set out below.

1. The Attorney General shall develop and administer an adult court diversion program in all counties. In consultation with diversion programs, the Attorney General shall adopt a policies and procedures manual in compliance with this section.
2. The program shall be designed for two purposes:
   1. To assist adults who have been charged with a first or a second misdemeanor or a first nonviolent felony.
   2. To assist persons who have been charged with an offense and who have substance abuse or mental health treatment needs regardless of the person's prior criminal history record, except a person charged with a felony offense that is a crime listed in 13 V.S.A. § 5301(7) shall not be eligible under this section. Persons who have attained 18 years of age who are subject to a petition in the Family Division pursuant to 33 V.S.A. chapters 52 or 52A shall also be eligible under this section. Programming for these persons is intended to support access to appropriate treatment or other resources with the aim of improving the person's health and reducing future adverse involvement in the justice system.
3. The program shall support the operation of diversion programs in local communities through grants of financial assistance to, or contracts for services with, municipalities, private groups, or other local organizations. The Attorney General may require local financial contributions as a condition of receipt of program funding.
4. The Office of the Attorney General shall develop program outcomes following the designated State of Vermont performance accountability framework and, in consultation with the Department of State's Attorneys and Sheriffs, the Office of the Defender General, the Center for Crime Victim Services, and the Judiciary, report annually on or before December 1 to the General Assembly on services provided and outcome indicators. As a component of the report required by this subsection, the Attorney General shall include data on diversion program referrals in each county and possible causes of any geographical disparities.
5. All adult court diversion programs receiving financial assistance from the Attorney General shall adhere to the following provisions:
   1. The diversion program shall accept only persons against whom charges have been filed and the court has found probable cause, but are not yet adjudicated. The prosecuting attorney may refer a person to diversion either before or after arraignment and shall notify in writing the diversion program and the court of his or her intention to refer the person to diversion. The matter shall become confidential when notice is provided to the court, except that for persons who are subject to conditions of release imposed pursuant to 13 V.S.A. § 7554 and who are referred to diversion pursuant to subdivision (b)(2) of this section, the matter shall become confidential upon the successful completion of diversion. If a person is charged with a qualifying crime as defined in 13 V.S.A. § 7601(4)(A) and the crime is a misdemeanor, the prosecutor shall provide the person with the opportunity to participate in the court diversion program unless the prosecutor states on the record at arraignment or a subsequent hearing why a referral to the program would not serve the ends of justice. If the prosecuting attorney refers a case to diversion, the prosecuting attorney may release information to the victim upon a showing of legitimate need and subject to an appropriate protective agreement defining the purpose for which the information is being released and in all other respects maintaining the confidentiality of the information; otherwise, files held by the court, the prosecuting attorney, and the law enforcement agency related to the charges shall be confidential and shall remain confidential unless:
      1. the diversion program declines to accept the case;
      2. the person declines to participate in diversion;
      3. the diversion program accepts the case, but the person does not successfully complete diversion; or
      4. the prosecuting attorney recalls the referral to diversion.
   2. Alleged offenders shall be informed of their right to the advice and assistance of private counsel or the public defender at all stages of the diversion process, including the initial decision to participate, and the decision to accept the adult diversion contract, so that the candidate may give informed consent.
   3. The participant shall be informed that his or her selection of the adult diversion contract is voluntary.
   4. Each State's Attorney, in cooperation with the Office of the Attorney General and the adult court diversion program, shall develop clear criteria for deciding what types of offenses and offenders will be eligible for diversion; however, the State's Attorney shall retain final discretion over the referral of each case for diversion.
   5. All information gathered in the course of the adult diversion process shall be held strictly confidential and shall not be released without the participant's prior consent (except that research and reports that do not establish the identity of individual participants are allowed).
   6. Information related to the present offense that is divulged during the adult diversion program shall not be used against the person in the person's criminal or juvenile case for any purpose, including impeachment or cross-examination. However, the fact of participation and success, or reasons for failure, may become part of the prosecutor's records.
   7. 1. Irrespective of whether a record was expunged, the adult court diversion program shall maintain sufficient records so that the reasons for success or failure of the program in particular cases and overall can be investigated by program staff. These records shall include a centralized statewide filing system that will include the following information about individuals who have successfully completed an adult court diversion program: (7) (A) Irrespective of whether a record was expunged, the adult court diversion program shall maintain sufficient records so that the reasons for success or failure of the program in particular cases and overall can be investigated by program staff. These records shall include a centralized statewide filing system that will include the following information about individuals who have successfully completed an adult court diversion program:
         1. name and date of birth;
         2. offense charged and date of offense;
         3. place of residence;
         4. county where diversion process took place; and
         5. date of completion of diversion process.
      2. These records shall not be available to anyone other than the participant and his or her attorney, State's Attorneys, the Attorney General, and directors of adult court diversion programs.
      3. Notwithstanding subdivision (B) of this subdivision (e)(7), the Attorney General shall, upon request, provide to a participant or his or her attorney sufficient documentation to show that the participant successfully completed diversion.
   8. Adult court diversion programs shall be set up to respect the rights of participants.
   9. Each participant shall pay a fee to the local adult court diversion program. The amount of the fee shall be determined by program officers or employees based upon the financial capabilities of the participant. The fee shall not exceed $300.00. The fee shall be a debt due from the participant, and payment of such shall be required for successful completion of the program. Notwithstanding 32 V.S.A. § 502(a) , fees collected under this subdivision shall be retained and used solely for the purpose of the court diversion program.
6. The Attorney General is authorized to accept grants and gifts for the purposes of this section, such acceptance being pursuant to 32 V.S.A. § 5 .
7. 1. Within 30 days after the two-year anniversary of a successful completion of adult diversion, the court shall provide notice to all parties of record of the court's intention to order the expungement of all court files and records, law enforcement records other than entries in the adult court diversion program's centralized filing system, fingerprints, and photographs applicable to the proceeding. The court shall give the State's Attorney an opportunity for a hearing to contest the expungement of the records. The court shall expunge the records if it finds: (g) (1)  Within 30 days after the two-year anniversary of a successful completion of adult diversion, the court shall provide notice to all parties of record of the court's intention to order the expungement of all court files and records, law enforcement records other than entries in the adult court diversion program's centralized filing system, fingerprints, and photographs applicable to the proceeding. The court shall give the State's Attorney an opportunity for a hearing to contest the expungement of the records. The court shall expunge the records if it finds:
   2. The court may expunge any records that were sealed pursuant to this subsection prior to July 1, 2018 unless the State's Attorney's office that prosecuted the case objects. Thirty days prior to expunging a record pursuant to this subdivision, the court shall provide written notice of its intent to expunge the record to the State's Attorney's office that prosecuted the case.
   3. 1. The court shall keep a special index of cases that have been expunged pursuant to this section together with the expungement order. The index shall list only the name of the person convicted of the offense, his or her date of birth, the docket number, and the criminal offense that was the subject of the expungement. (3) (A) The court shall keep a special index of cases that have been expunged pursuant to this section together with the expungement order. The index shall list only the name of the person convicted of the offense, his or her date of birth, the docket number, and the criminal offense that was the subject of the expungement.
      2. The special index and related documents specified in subdivision (A) of this subdivision (3) shall be confidential and shall be physically and electronically segregated in a manner that ensures confidentiality and that limits access to authorized persons.
      3. Inspection of the expungement order and the certificate may be permitted only upon petition by the person who is the subject of the case. The Chief Superior Judge may permit special access to the index and the documents for research purposes pursuant to the rules for public access to court records.
      4. The Court Administrator shall establish policies for implementing this subsection (g).

   two years have elapsed since the successful completion of the adult diversion program by the participant and the dismissal of the case by the State's Attorney;

   (B) the participant has not been convicted of a subsequent felony or misdemeanor during the two-year period, and no proceedings are pending seeking such conviction;

   (C) rehabilitation of the participant has been attained to the satisfaction of the court; and

   (D) the participant does not owe restitution related to the case under a contract executed with the Restitution Unit.

8. Except as otherwise provided in this section, upon the entry of an order expunging files and records under this section, the proceedings in the matter shall be considered never to have occurred, all index references thereto shall be deleted, and the participant, the court, and law enforcement officers and departments shall reply to any request for information that no record exists with respect to such participant inquiry in any matter. Copies of the order shall be sent to each agency or official named therein.
9. [Repealed.]
10. The process of automatically expunging records as provided in this section shall only apply to those persons who completed diversion on or after July 1, 2002. Any person who completed diversion prior to July 1, 2002 must apply to the court to have his or her records expunged. Expungement shall occur if the requirements of subsection (g) of this section are met.
11. The Attorney General, in consultation with the Vermont Association of Court Diversion Programs, may develop and administer programs to assist persons under this section charged with delinquent, criminal, and civil offenses.
12. Notwithstanding subdivision (e)(1) of this section, the diversion program may accept cases from the Youth Substance Awareness Safety Program pursuant to 7 V.S.A. § 656 or 18 V.S.A. § 4230b . The confidentiality provisions of this section shall become effective when a notice of violation is issued under 7 V.S.A. § 656 (b) or 18 V.S.A. § 4230b (b) and shall remain in effect unless the person fails to register with or complete the Youth Substance Awareness Safety Program.
13. Notwithstanding subdivision (e)(1) of this section, the diversion program may accept cases pursuant to 33 V.S.A. §§ 5225 and 5280.

    Added 1981, No. 206 (Adj. Sess.), § 2; amended 1983, No. 217 (Adj. Sess.); 1983, No. 229 (Adj. Sess.), § 1; 1995, No. 47 , § 2, eff. April 20, 1995; 1999, No. 160 (Adj. Sess.), § 3; 2003, No. 157 (Adj. Sess.), § 12; 2009, No. 12 , § 2; 2009, No. 146 (Adj. Sess.), § D6; 2009, No. 156 (Adj. Sess.), § E.201.1; 2011, No. 56 , § 24; 2011, No. 145 (Adj. Sess.), § 1; 2017, No. 61 , § 2; 2018, No. 8 (Sp. Sess.), § 11, eff. June 28, 2018; 2019, No. 77 , § 2, eff. June 19, 2019; 2019, No. 124 (Adj. Sess.), § 1; 2019, No. 167 (Adj. Sess.), § 2, eff. Oct. 7, 2020.

§ 164. Adult court diversion project. Section 164 effective July 1, 2021; see also section 164 effective until July 1, 2021 set out above.

1. The Attorney General shall develop and administer an adult court diversion project in all counties.  The project shall be operated through the juvenile diversion project and shall be designed to assist adults who have been charged with a first or second misdemeanor or a first nonviolent felony.  The Attorney General shall adopt only such rules as are necessary to establish an adult court diversion project for adults in compliance with this section.
2. The adult court diversion project administered by the Attorney General shall encourage the development of diversion projects in local communities through grants of financial assistance to municipalities, private groups, or other local organizations. The Attorney General may require local financial contributions as a condition of receipt of project grants.
3. All adult court diversion projects receiving financial assistance from the Attorney General shall adhere to the following provisions:
   1. The diversion project shall accept only persons against whom charges have been filed and the court has found probable cause, but are not yet adjudicated. The prosecuting attorney shall notify in writing the diversion program and the court of his or her intention to refer the person to diversion. If the prosecuting attorney refers a case to diversion, the prosecuting attorney may release information to the victim upon a showing of legitimate need and subject to an appropriate protective agreement defining the purpose for which the information is being released and in all other respects maintaining the confidentiality of the information; otherwise files held by the court, the prosecuting attorney, and the law enforcement agency related to the charges shall be confidential and shall remain confidential unless:
      1. the Board declines to accept the case;
      2. the person declines to participate in diversion;
      3. the Board accepts the case, but the person does not successfully complete diversion;
      4. the prosecuting attorney recalls the referral to diversion.
   2. Alleged offenders shall be informed of their right to the advice and assistance of private counsel or the public defender at all stages of the diversion process, including the initial decision to participate, and the decision to accept the adult diversion contract, so that the candidate may give informed consent.
   3. The participant shall be informed that his or her selection of the adult diversion contract is voluntary.
   4. Each State's Attorney, in cooperation with the adult court diversion project, shall develop clear criteria for deciding what types of offenses and offenders will be eligible for diversion; however, the State's Attorney shall retain final discretion over the referral of each case for diversion.
   5. All information gathered in the course of the adult diversion process shall be held strictly confidential and shall not be released without the participant's prior consent (except that research and reports that do not require or establish the identity of individual participants are allowed).
   6. Information related to the present offense that is divulged during the adult diversion program shall not be used in the prosecutor's case.  However, the fact of participation and success, or reasons for failure may become part of the prosecutor's records.
   7. 1. The adult court diversion project shall maintain sufficient records so that the reasons for success or failure of the program in particular cases and overall can be investigated by program staff.  These records shall include a centralized statewide filing system that will include the following information about individuals who have successfully completed an adult court diversion program: (7) (A) The adult court diversion project shall maintain sufficient records so that the reasons for success or failure of the program in particular cases and overall can be investigated by program staff.  These records shall include a centralized statewide filing system that will include the following information about individuals who have successfully completed an adult court diversion program:
         1. name and date of birth;
         2. offense charged and date of offense;
         3. place of residence;
         4. county where diversion process took place; and
         5. date of completion of diversion process.
      2. These records shall not be available to anyone other than the participant and his or her attorney, State's Attorneys, the Attorney General, and directors of adult court diversion projects.
   8. Adult court diversion projects shall be set up to respect the rights of participants.
   9. Each participant shall pay a fee to the local adult court diversion project. The amount of the fee shall be determined by project officers or employees based upon the financial capabilities of the participant. The fee shall not exceed $300.00. The fee shall be a debt due from the participant, and payment of such shall be required for successful completion of the program. Notwithstanding 32 V.S.A. § 502(a) , fees collected under this subdivision shall be retained and used solely for the purpose of the court diversion program.
4. The Attorney General is authorized to accept grants and gifts for the purposes of this section, such acceptance being pursuant to 32 V.S.A. § 5 .
5. Within 30 days of the two-year anniversary of a successful completion of adult diversion, the court shall provide notice to all parties of record of the court's intention to order the sealing of all court files and records, law enforcement records other than entries in the adult court diversion project's centralized filing system, fingerprints, and photographs applicable to the proceeding. The court shall give the State's Attorney an opportunity for a hearing to contest the sealing of the records. The court shall seal the records if it finds:
   1. two years have elapsed since the successful completion of the adult diversion program by the participant and the dismissal of the case by the State's Attorney;
   2. the participant has not been convicted of a subsequent felony or misdemeanor during the two-year period, and no proceedings are pending seeking such conviction; and
   3. rehabilitation of the participant has been attained to the satisfaction of the court.
6. Upon the entry of an order sealing such files and records under this section, the proceedings in the matter under this section shall be considered never to have occurred, all index references thereto shall be deleted, and the participant, the court, and law enforcement officers and departments shall reply to any request for information that no record exists with respect to such participant inquiry in any matter. Copies of the order shall be sent to each agency or official named therein.
7. Inspection of the files and records included in the order may thereafter be permitted by the court only upon petition by the participant who is the subject of such records, and only to those persons named therein.
8. The process of automatically sealing records as provided in this section shall only apply to those persons who completed diversion on or after July 1, 2002. Any person who completed diversion prior to July 1, 2002 must apply to the court to have his or her records sealed. Sealing shall occur if the requirements of subsection (e) of this section are met.
9. Subject to the approval of the Attorney General, the Vermont Association of Court Diversion Programs may develop and administer programs to assist persons under this section charged with delinquent, criminal, and civil offenses.

   Added 1981, No. 206 (Adj. Sess.), § 2; amended 1983, No. 217 (Adj. Sess.); 1983, No. 229 (Adj. Sess.), § 1; 1995, No. 47 , § 2, eff. April 20, 1995; 1999, No. 160 (Adj. Sess.), § 3; 2003, No. 157 (Adj. Sess.), § 12; 2009, No. 12 , § 2; 2009, No. 146 (Adj. Sess.), § D6; 2009, No. 156 (Adj. Sess.), § E.201.1; 2011, No. 56 , § 24; 2011, No. 145 (Adj. Sess.), § 1; 2017, No. 61 , § 2; 2017, No. 61 , § 7, eff. July 1, 2020; 2018, No. 8 (Sp. Sess.), § 11, eff. June 28, 2018; 2019, No. 77 , § 2, eff. June 19, 2019.

§ 164a. Restitution.

1. A diversion program may refer an individual who has suffered a pecuniary loss as a direct result of a delinquent act or crime alleged to have been committed by a juvenile or adult accepted to its program to the Restitution Unit established by 13 V.S.A. § 5362 for the purpose of application for an advance payment pursuant to 13 V.S.A. § 5363(d)(1) . The Restitution Unit may enter into a repayment contract with a juvenile or adult accepted into diversion and shall have the authority to bring a civil action to enforce the repayment contract in the event that the juvenile or adult defaults in performing the terms of the contract.
2. The Restitution Unit and the diversion program shall develop a process for documenting victim loss, information sharing between the Unit and diversion programs regarding the amount of restitution paid by the Unit and diversion participants' contractual agreements to reimburse the unit, transmittal of payments from participants to the Unit, and maintenance of the confidentiality of diversion information.

   Added 2011, No. 145 (Adj. Sess.), § 2.

§ 165. Public contract advocate.

1. There is hereby imposed upon the Office of the Attorney General the duty to provide public contract advocacy for all proceedings involving contracts for basic telecommunications service under 30 V.S.A. § 226a .  The Attorney General shall appoint or retain as required one or more public contract advocates who shall be knowledgeable in the fields of public utility regulation and telecommunications services.
2. Public contract advocates shall be appointed or retained for such time as may be required to monitor, represent the public interest, and report on any contract for basic telecommunications service under 30 V.S.A. § 22 6a . Compensation, expenses, and support of public contract advocates shall be assessed as costs to the Department of Public Service and paid from the revenues received from the tax to finance the Department and the Board levied under 30 V.S.A. § 22 .

   Added 1987, No. 87 , § 9.

§ 166. Court Diversion Fund.

The Court Diversion Fund is hereby established in the State Treasury. All fees and assessments of the juvenile and adult court diversion programs shall be recorded in the Fund. Quarterly, the director of each court diversion program shall report to the Attorney General in a manner as prescribed by the Attorney General's office on all fees paid under sections 163 and 164 of this title. An independent audit that includes all State funding sources shall be required biennially.

Added 1995, No. 47 , § 3, eff. April 20, 1995; amended 2009, No. 156 (Adj. Sess.), § E.201.2.

§ 167. Repealed. 2019, No. 154 (Adj. Sess.), § E.200.1, eff. Oct. 2, 2020.

§ 167a. Complex Litigation Special Fund.

1. There is established the Complex Litigation Special Fund pursuant to 32 V.S.A. chapter 7, subchapter 5 to be available for expenditure by the Attorney General, as annually appropriated or authorized pursuant to 32 V.S.A. § 511 , to pay nonroutine expenses, not otherwise budgeted, incurred in the investigation, prosecution, and defense of complex civil and criminal litigation. These expenses may include, for example, costs incurred for expert witnesses and for support staff and technology needed to review and manage voluminous documents in discovery and at trial in complex cases.
2. The Fund shall consist of:
   1. Such sums as may be appropriated or transferred by the General Assembly.
   2. Settlement monies other than consumer restitution collected by the Office of the Attorney General, except for those recoveries that by law are transferred or appropriated for other uses pursuant to 9 V.S.A. § 2458(b)(4) , and subject to the Fund balance cap in subsection (c) of this section.
3. The unencumbered Fund balance shall not exceed $1,000,000.00.
4. The Attorney General shall submit a report of the amount and purpose of expenditures from the Fund at the close of each fiscal year to the Joint Fiscal Committee annually on or before September 1. As part of the annual budget submission, the Attorney General shall include a projection of the Fund balance for the current fiscal year and upcoming fiscal year and may recommend appropriations as needed consistent with the purpose of the Fund.

   Added 2018, No. 11 (Sp. Sess.), § E.200.1.

§ 168. Racial Disparities in the Criminal and Juvenile Justice System Advisory Panel. Section 168 repealed effective July 1, 2021.

1. The Racial Disparities in the Criminal and Juvenile Justice System Advisory Panel is established. The Panel shall be organized and have the duties and responsibilities as provided in this section. The Panel shall be organized within the Office of the Attorney General and shall consult with the Vermont Human Rights Commission, the Vermont chapter of the ACLU, the Vermont Police Association, the Vermont Sheriffs' Association, the Vermont Association of Chiefs of Police, and others.
2. The Panel shall comprise the following 13 members:
   1. five members, drawn from diverse backgrounds to represent the interests of communities of color throughout the State, who have had experience working to implement racial justice reform, appointed by the Attorney General;
   2. the Executive Director of the Vermont Criminal Justice Council or designee;
   3. the Attorney General or designee;
   4. the Defender General or designee;
   5. the Executive Director of the State's Attorneys and Sheriffs or designee;
   6. the Chief Superior Judge or designee;
   7. the Commissioner of Corrections or designee;
   8. the Commissioner of Public Safety or designee; and
   9. the Commissioner for Children and Families or designee.
3. The members of the Panel appointed under subdivision (b)(1) of this section shall serve staggered four-year terms. As terms of currently serving members expire, appointments of successors shall be in accord with the provisions of subsection (b) of this section. Appointments of members to fill vacancies or expired terms shall be made by the authority that made the initial appointment to the vacated or expired term. Members of the Panel shall be eligible for reappointment. Members of the Panel shall serve no more than two consecutive terms in any capacity.
4. Members of the Panel shall elect biennially by majority vote the Chair of the Panel. Members of the Panel who are not State employees or whose participation is not supported through their employment or association shall receive per diem compensation and reimbursement of expenses pursuant to 32 V.S.A. § 1010 , to be provided by the Office of the Attorney General. The Office of the Attorney General shall provide the Panel with administrative and professional support. The Panel may meet up to ten times per year.
5. A majority of the members of the Panel shall constitute a quorum, and all action shall be taken upon a majority vote of the members present and voting.
6. The Panel shall review and provide recommendations to address systemic racial disparities in statewide systems of criminal and juvenile justice, including:
   1. continually reviewing the data collected pursuant to 20 V.S.A. § 2366 to measure State progress toward a fair and impartial system of law enforcement;
   2. providing recommendations to the Criminal Justice Council and the Vermont Bar Association, based on the latest social science research and best practices in law enforcement and criminal and juvenile justice, on data collection and model trainings and policies for law enforcement, judges, correctional officers, and attorneys, including prosecutors and public defenders, to recognize and address implicit bias;
   3. providing recommendations to the Criminal Justice Council, based on the latest social science research and best practices in law enforcement, on data collection and a model training and policy on de-escalation and the use of force in the criminal and juvenile justice system;
   4. educating and engaging with communities, businesses, educational institutions, State and local governments, and the general public about the nature and scope of racial discrimination in the criminal and juvenile justice system;
   5. monitoring progress on the recommendations from the 2016 report of the Attorney General's Working Group on Law Enforcement Community Interactions; and
   6. on or before January 15, 2018, and biennially thereafter, reporting to the General Assembly, and providing as a part of that report recommendations to address systemic implicit bias in Vermont's criminal and juvenile justice system, including:
      1. how to institute a public complaint process to address perceived implicit bias across all systems of State government;
      2. whether and how to prohibit racial profiling, including implementing any associated penalties; and
      3. whether to expand law enforcement race data collection practices to include data on nontraffic stops by law enforcement.

         Added 2017, No. 54 , § 1, eff. May 31, 2017; repealed on July 1, 2021 by 2019, No. 134 (Adj. Sess.), § 2.

§ 201. Repealed. 1959, No. 329 (Adj. Sess.), § 59, eff. March 1, 1961.

§ 202. Seals.

Each department or bureau, with the approval of the Governor, may adopt and have an official seal.

§ 203. Authority limited.

The commissioner or board at the head of each department herein specified shall exercise only the powers and perform the duties imposed by law on such Department.

§ 204. Disqualification.

A person holding an office under this chapter shall not be the owner of, or financially interested, directly or indirectly, in any corporation or association subject to the supervision of his or her respective department, except as a policy holder in an insurance company or a depositor in a bank.

§ 205. Duties of office.

Each commissioner of a department and each officer specified in this chapter, except the members of the boards herein specified, shall devote his or her entire time to the duties of his or her office.

§ 206. Regulations.

The commissioner or board at the head of each department herein specified is empowered to prescribe and to enforce rules and regulations, subject to the approval of the Governor, for the government and administration of such department, the conduct of its employees and the custody, use, and preservation of the records, books, documents, and property pertaining thereto.

§ 207. Assistance and expenditure.

1. Each department herein specified is empowered to employ such assistance, clerical or otherwise, as the Governor deems necessary for its proper and efficient administration and, subject to his or her approval, to fix the compensation to be paid therefor. No department shall expend or authorize an expenditure in excess of the amount appropriated therefor in any fiscal year.
2. Agency secretaries and department heads are authorized to recruit, train and accept without regard to the civil service classification laws, rules and regulations, and without statutory compensation, the services of temporary volunteers for, or in aid of, interpretive function, visitor services, or other activities in and related to areas administered by the agency secretary or department head.
   1. Except as provided in this section, a volunteer shall not be deemed a State employee and shall not be subject to the provisions of law relating to State employment and a collective bargaining agreement between the State of Vermont and the Vermont State Employees' Association, Inc., including those relating to hours of work, rates of compensation, leave, and State employees benefits.
   2. The consideration for volunteer services is education, training, and experience.
   3. The appointing authority is authorized to provide reimbursement for such necessary incidental expenses as transportation, uniforms, lodging, and subsistence.
   4. [Repealed.]
   5. Volunteer services shall not be used to displace existing or vacant State positions but will be used to satisfy unmet public service needs.  To insure compliance with the intent hereof and merit system principles, any department or agency employing temporary volunteers shall secure the approval of the Commissioner of Human Resources.

      Amended 1973, No. 117 , §§ 21, 22; 1989, No. 114 , § 11(a)(1); 2003, No. 156 (Adj. Sess.), § 15.

§ 208. Repealed. 2003, No. 122 (Adj. Sess.), § 294a.

§ 209. Efficiency and cooperation; transfer of personnel; regulations of Governor.

The Governor shall provide for and require a practical working system to ensure efficiency and mutual helpfulness among the departments herein specified. The Governor may transfer, temporarily or permanently, subordinates of any one of such departments to another department as the needs of the State may seem to him or her to require. He or she shall adopt and have power to enforce such rules as he or she may see fit for the conduct of such departments and alter or add to the same in his or her discretion.

Amended 2015, No. 23 , § 67.

§ 210. Repealed. 1973, No. 101, § 6.

§ 211. Construction.

Nothing in this chapter shall be construed to give to the head of any department any authority over the judicial or quasi-judicial acts or duties of any officer in his or her department.

§ 212. Departments created.

The following administrative departments are hereby created, through the instrumentality of which the Governor, under the Constitution, shall exercise such functions as are by law assigned to each department respectively:

1. The Department of Mental Health
2. [Repealed.]
3. The Department of Financial Regulation
4. The Department of Corrections
5. The Department of Housing and Community Development
6. , (7) [Repealed.]

   (8) The Department of Fish and Wildlife

   (9) The Department of Forests, Parks and Recreation

   (10) The Department of Health

   (11) [Repealed.]

   (12) The Department of Labor

   (13) The Department of Libraries

   (14) The Department of Liquor and Lottery

   (15) [Repealed.]

   (16) The Military Department

   (17) The Department of Motor Vehicles

   (18) The Department of Public Safety

   (19) The Department of Public Service

   (20) The Department for Children and Families

   (21) The Department of Taxes

   (22) The Department of Environmental Conservation

   (23) The Department of Disabilities, Aging, and Independent Living

   (24) The Department of Vermont Health Access.

   Added 1959, No. 329 (Adj. Sess.), § 4, eff. March 1, 1961; amended 1967, No. 71 , § 2; 1967, No. 106 , § 2; 1969, No. 207 (Adj. Sess.), § 5, eff. March 24, 1970; 1969, No. 226 (Adj. Sess.), § 1, eff. March 31, 1970; 1981, No. 66 , § 1, eff. May 1, 1981; 1983, No. 158 (Adj. Sess.), eff. April 13, 1984; 1987, No. 76 , § 18; 1987, No. 243 (Adj. Sess.), § 2; 1989, No. 187 (Adj. Sess.), § 5; 1989, No. 225 (Adj. Sess.), § 25; 1989, No. 256 (Adj. Sess.), § 10, eff. Jan. 1, 1991; 1995, No. 174 (Adj. Sess.), § 3; 1995, No. 180 (Adj. Sess.), § 38(a); 1999, No. 147 (Adj. Sess.), § 4; 2003, No. 42 , § 2, eff. May 27, 2003; 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006; 2005, No. 174 (Adj. Sess.), §§ 2, 140; 2007, No. 15 , § 1a; 2011, No. 78 (Adj. Sess.), § 1, eff. April 2, 2012; 2013, No. 92 (Adj. Sess.), § 246, eff. Feb. 14, 2014; 2013, No. 131 (Adj. Sess.), § 97; 2015, No. 23 , § 139; 2018, No. 1 (Sp. Sess.), § 106.

§ 213. Declaration of policy.

1. It is the policy of the State of Vermont that the Executive Branch of the State government created by the constitution shall be organized into the separate offices of the elected constitutional State officers and such administrative agencies and departments as may be created by law.  All administrative bodies in the Executive Branch shall be placed within one of the foregoing agencies or departments to assure proper executive supervision by the Governor.
2. It is also the policy of the State of Vermont that, for the purpose of clarity and uniformity, all agencies of the Executive Branch of the State government shall be headed by secretaries; that all administrative departments of the Executive Branch of the State government shall be headed by commissioners; that all major divisions of administrative departments shall be known as divisions and shall be headed by a director; that the major groups within the administrative departments shall be known as boards and that all other groups within the department shall be known as councils.

   Added 1959, No. 329 (Adj. Sess.), § 1; eff. March 1, 1961; amended 1987, No. 243 (Adj. Sess.), § 3, eff. June 13, 1988.

§ 214. Delegation of authority.

A secretary, commissioner, or director may delegate any authority, power, or duty other than a specific statutory authority of the office to a designee; and a board or council in its discretion and with the approval of the Governor may delegate to the commissioner of the department any of its authority, power, or duty other than a specific statutory authority except those necessary to its rulemaking and quasi-judicial functions.

Added 1959, No. 329 (Adj. Sess.), § 6, eff. March 1, 1961; amended 1987, No. 243 (Adj. Sess.), § 4, eff. June 13, 1988.

§ 215. Commissioner, member of councils.

The Commissioner of each department shall be ex officio a member of all councils within the department. However, he or she shall not vote unless otherwise provided by law and shall not participate as a member of a council in matters involving the quasi-judicial functions of the council relative to administrative decisions of the department except as otherwise provided by law. The Commissioner or his or her representative shall attend all meetings of the councils within the department.

Added 1959, No. 329 (Adj. Sess.), § 7, eff. March 1, 1961.

§ 216. Boards and commissions; party representative.

Unless otherwise provided, no board or commission appointed by the Governor, whether or not with the advice and consent of the Senate, may be composed entirely of persons from one political party.

Added 1969, No. 54 , § 1, eff. April 10, 1969.

§ 217. Passenger vehicles; sale.

1. No State department or agency, board, or commission, except the Governor, the Commissioner of Buildings and General Services, and the Commissioners of the Departments of Fish and Wildlife and of Public Safety for use of employees who are sworn law enforcement officers, may maintain or provide passenger vehicles, subject to such exceptions as may be made by the Commissioner of Buildings and General Services in circumstances where there is documented evidence of necessity based upon the requirements or conditions of individual State programs.
2. The Department of Buildings and General Services of the Agency of Administration shall dispose of all cars owned by the State except those cars that are determined by the Secretary of Administration to be necessary to the operations of individual State programs under subsection (a) of this section. All money that has been budgeted in any fiscal year for the maintenance of those vehicles and the proceeds from the sale of those vehicles shall be applied to the future replacement of the State fleet. Any unspent balance shall revert to the General Fund.
3. The Commissioner of Buildings and General Services shall purchase and lease vehicles for the State Fleet subject to the requirements of 29 V.S.A. § 903(g) .

   Added 1975, No. 118 , § 62, eff. April 30, 1975; amended 1983, No. 158 (Adj. Sess.), eff. April 13, 1984; 1989, No. 210 (Adj. Sess.), § 42; 1995, No. 148 (Adj. Sess.), § 4(c)(2), eff. May 6, 1996; 2003, No. 121 (Adj. Sess.), § 44, eff. June 8, 2004; 2019, No. 59 , § 42.

§ 218. Agency and department records management program.

1. The General Assembly finds that public records are essential to the administration of State and local government. Public records contain information that allows government programs to function, provides officials with a basis for making decisions, and ensures continuity with past operations. Public records document the legal responsibilities of government, help protect the rights of citizens, and provide citizens a means of monitoring government programs and measuring the performance of public officials. Public records provide documentation for the functioning of government and for the retrospective analysis of the development of Vermont government and the impact of programs on citizens. Public records in general and archival records in particular need to be systematically managed to preserve their legal, historic, and informational value, to provide ready access to vital information, and to promote the efficient and economical operation of government.
2. The head of each State agency or department shall establish, maintain, and implement an active and continuing program approved by the Vermont State Archives and Records Administration for the effective management, preservation, and disposition of records, regardless of their physical form or characteristics, for which that head is responsible.
3. For an agency or department records program to be approved by the Vermont State Archives and Records Administration, the head of each State agency or department shall:
   1. establish and maintain an accurate inventory of all records;
   2. develop justifiable retention periods for all records;
   3. dispose promptly of those records authorized for destruction by the Vermont State Archives and Records Administration;
   4. establish and maintain accurate records indicating the identity and quantity of all records destroyed, the savings in space and equipment, and any money savings resulting from the disposal of such records;
   5. establish and maintain other records related to management of the agency's or department's records as required by the Vermont State Archives and Records Administration;
   6. provide for furnishing to the State Archives, such special reports regarding the records of the agency or department as the Vermont State Archives and Records Administration may deem necessary;
   7. process, store, and preserve records kept by the agency or department in an efficient and economical manner;
   8. where practicable, consolidate or eliminate existing records of the agency or department and control the creation of new records;
   9. maintain the records of the agency or department in a manner that permits the prompt and orderly removal of records authorized for destruction; and
   10. implement and sustain a record schedule in accordance with requirements established by the Vermont State Archives and Records Administration under section 117 of this title and the Agency of Digital Services under chapter 56 of this title.
4. The head of each State agency or department shall designate a member of his or her staff as the records officer for his or her agency or department, and shall notify the Vermont State Archives and Records Administration in writing of the name and title of the person designated, and shall post the name and contact information of the person on the agency or department website, if one exists.
5. The Vermont State Archives and Records Administration shall approve all agency record schedules, as defined by section 117 of this title, unless set forth in a general record schedule issued by the Vermont State Archives and Records Administration. Authorizations by the Public Records Advisory Board regarding the disposition of public records shall remain in effect until superseded by a record schedule issued or approved by the Vermont State Archives and Records Administration.

   Added 1975, No. 118 , § 63, eff. April 30, 1975; amended 1979, No. 56 , § 1; 1995, No. 148 (Adj. Sess.), § 4(c)(2), eff. May 6, 1996; 2003, No. 3 , § 2; 2007, No. 96 (Adj. Sess.), § 4; 2009, No. 91 (Adj. Sess.), § 3, eff. May 6, 2010; 2011, No. 59 , § 8; 2019, No. 49 , § 1, eff. June 10, 2019.

§ 219. Repealed. 2009, No. 91 (Adj. Sess.), § 4, eff. May 6, 2010.

§ 220. Classified employees in exempt positions.

1. A State employee in the classified service, upon appointment to an exempt position, may request an indefinite leave of absence without pay from his or her classified position for so long as he or she remains in the exempt position.  Upon approval in writing by the administrative head of the agency, department or like instrumentality in which the employee is serving, and upon concurrence by the Commissioner of Human Resources, the employee may enter the exempt position with rights determined under this section.
2. During service in the exempt position, and if the approved request so specifies, the employee's rights to sick leave and rights under retirement and insurance plans shall be continued.
3. Upon leaving the exempt position, the employee shall not have a guarantee of returning to his or her former position, nor to any other classified position. However, where the employee has at least 10 years of classified service, the Commissioner of Human Resources shall provide for the employee to be offered a position in the classified service, but not necessarily the former position, at the same or lower paygrade as the position previously held, provided the employee was not dismissed from the exempt position for cause. Any such offer of employment shall be made within 30 days of separation from the exempt position. For such employees entering the exempt service after July 1, 1994, their approved request for a leave of absence shall specify a request to return. Otherwise, the employee may be offered a classified position in State government if:
   1. the employee's approved request specifies a right to return to classified service;
   2. the classified position is vacant and is at the same or a lower pay grade as the employee's previous classified position; and
   3. the employee possesses the minimum qualifications required in the specification for that position class.
4. If an employee accepts an offer of employment under subsection (c) of this section, and if the employee's approved request so specifies, the employee shall be entitled to the benefits of any increments to which he or she would have been entitled by reason of continuous service in a classified position, but for the appointment to the exempt position.
5. Subject to the approval of the Governor, a classified employee who has satisfactorily completed any required probationary period, may be permitted to accept an assignment or appointment to fulfill the duties of an exempt position for a brief period of time, not to exceed one year, without having to resign or take a leave of absence from the classified service. Any such employee shall be compensated in accordance with compensation provisions applicable to the exempt position.

   Added 1987, No. 243 (Adj. Sess.), § 5, eff. June 13, 1988; amended 1993, No. 227 (Adj. Sess.), §§ 15, 16; 2003, No. 156 (Adj. Sess.), § 15.

§ 221. Hearing officers; rules.

1. The Secretary of Administration shall adopt a rule to establish guidelines and oversight for hearing officers in the Executive Branch. As used in this section, "hearing officer" means a person employed by the State of Vermont whose exclusive duty is to resolve contested cases when a decision of an Executive Branch agency is challenged.
2. The rule adopted pursuant to this section shall include provisions addressing the following topics:
   1. The rule shall include ethical standards for hearing officers. The ethical standards:
      1. may be based on the Model Code of Judicial Conduct for State Administrative Law Judges developed by the National Association of Administrative Law Judiciary;
      2. shall be made readily accessible to the public and to parties in administrative proceedings; and
      3. shall include provisions related to bias, impartiality and the appearance of impartiality, conflicts of interest, recusal and disqualification, confidentiality, and ex parte communications.
   2. The rule shall require the agency or department that employs the hearing officer to designate procedures for the receipt, consideration, and determination of complaints about the conduct of hearing officers. The procedures shall be provided to all parties in the matter.
   3. The rule shall ensure that all parties in proceedings presided over by a hearing officer are provided with a copy of the rules of procedure that apply to the proceedings. The rules shall prominently and specifically describe any appeal rights a party has and the procedure for filing an appeal.

      Added 2013, No. 185 (Adj. Sess.), § 2, eff. June 11, 2014.

§ 241. Background investigations.

1. "Federal tax information" or "FTI" means returns and return information as defined in 26 U.S.C. § 6103(b) that are received directly from the Internal Revenue Service or obtained through an IRS-authorized secondary source, that are in the Recipient's possession or control, and that are subject to the confidentiality protections and safeguarding requirements of the Internal Revenue Code and corresponding federal regulations and guidance.
2. As used in this chapter, "Recipient" means the following authorities of the Executive Branch of State government that receive FTI:
   1. Agency of Human Services, including:
      1. Department for Children and Families;
      2. Department of Health;
      3. Department of Mental Health; and
      4. Department of Vermont Health Access.
   2. Department of Labor.
   3. Department of Motor Vehicles.
   4. Department of Taxes.
   5. Agency of Digital Services.
   6. Department of Buildings and General Services.
3. 1. The Recipient shall conduct an initial background investigation of any individual, including a current or prospective employee, volunteer, contractor, or subcontractor, to whom the Recipient will permit access to FTI for the purpose of assessing the individual's fitness to be permitted access to FTI. (c) (1)  The Recipient shall conduct an initial background investigation of any individual, including a current or prospective employee, volunteer, contractor, or subcontractor, to whom the Recipient will permit access to FTI for the purpose of assessing the individual's fitness to be permitted access to FTI.
   2. The Recipient shall, at least every 10 years, conduct a periodic background reinvestigation of any employee, volunteer, contractor, or subcontractor to whom the Recipient permits access to FTI.
   3. The impact of the results of a background investigation performed pursuant to subdivision (1) of this subsection shall be the subject of impact bargaining between the State and the collective bargaining representative for the employee's bargaining unit to the extent required by any collective bargaining agreements between the parties.
4. The Recipient shall request and obtain from the Vermont Crime Information Center (VCIC) the Federal Bureau of Investigation and State and local law enforcement criminal history records based on fingerprints for the purpose of conducting a background investigation under this section.
5. The Recipient shall sign and keep a user agreement with the VCIC.
6. A request made under subsection (d) of this section shall be accompanied by a release signed by the individual on a form provided by the VCIC, a set of the individual's fingerprints, and a fee established by the VCIC that shall reflect the cost of obtaining the record. The fee for a current or prospective employee shall be paid by the Recipient. The release form to be signed by the individual shall include a statement informing the individual of:
   1. the right to challenge the accuracy of the record by appealing to the VCIC pursuant to rules adopted by the Commissioner of Public Safety; and
   2. the Recipient's policy regarding background investigations and the maintenance and destruction of records.
7. Upon completion of a criminal history record check under subsection (d) of this section, the VCIC shall send to the Recipient either a notice that no record exists or a copy of the record. If a copy of a criminal history record is received, the Recipient shall forward it to the individual and shall inform the individual in writing of:
   1. the right to challenge the accuracy of the record by appealing to the VCIC pursuant to rules adopted by the Commissioner of Public Safety; and
   2. the Recipient's policy regarding background investigations and the maintenance and destruction of records.
8. Criminal history records and information received under this chapter are exempt from public inspection and copying under the Public Records Act and shall be kept confidential by the Recipient, except to the extent that federal or State law authorizes disclosure of such records or information to specifically designated persons.
9. The Recipient shall adopt policies in consultation with the Department of Human Resources to carry out this chapter and to guide decisions based on the results of any background investigation conducted under this chapter.

   Added 2017, No. 73 , § 11, eff. June 13, 2017; amended 2019, No. 58 , § 1.

§§ 242-250. Repealed. 1987, No. 243 (Adj. Sess.), § 6, eff. June 13, 1988.

§ 251. Repealed. 2005, No. 215 (Adj. Sess.), § 55.

§ 252. Cost of bonds; blanket bond.

The cost of such bonds shall be paid from the appropriations of the departments in which such officer or employee serves. In procuring such bonds the Governor is authorized to purchase blanket or schedule surety contracts with such company as he or she shall determine.

§ 253. Deputy officers.

1. The following named commissioners, directors, and State officials may each appoint a deputy who shall perform such duties as the appointing official shall direct, with the approval of the Governor, remove him or her at pleasure and be responsible for his or her acts: Treasurer, Secretary of State, Auditor of Accounts, Labor, and Motor Vehicles.
2. [Repealed.]
3. 1. The Commissioner of Financial Regulation, with the approval of the Governor, shall appoint a Deputy Commissioner of Banking, a Deputy Commissioner of Insurance, a Deputy Commissioner of Captive Insurance, and a Deputy Commissioner of Securities. The Commissioner of Financial Regulation may remove the deputy commissioners at pleasure and shall be responsible for their acts. The functions and duties that relate to banks and banking shall be in the charge of the Deputy Commissioner of Banking; those that relate to the business of insurance shall be in the charge of the Deputy Commissioner of Insurance; those that relate to the business of captive insurance shall be in the charge of the Deputy Commissioner of Captive Insurance; and those that relate to the business of securities shall be in the charge of the Deputy Commissioner of Securities. (c) (1)  The Commissioner of Financial Regulation, with the approval of the Governor, shall appoint a Deputy Commissioner of Banking, a Deputy Commissioner of Insurance, a Deputy Commissioner of Captive Insurance, and a Deputy Commissioner of Securities. The Commissioner of Financial Regulation may remove the deputy commissioners at pleasure and shall be responsible for their acts. The functions and duties that relate to banks and banking shall be in the charge of the Deputy Commissioner of Banking; those that relate to the business of insurance shall be in the charge of the Deputy Commissioner of Insurance; those that relate to the business of captive insurance shall be in the charge of the Deputy Commissioner of Captive Insurance; and those that relate to the business of securities shall be in the charge of the Deputy Commissioner of Securities.
   2. In the case of a vacancy in the Office of the Commissioner of Financial Regulation, one of the deputies appointed by the Commissioner shall assume and discharge the duties of that Office until the vacancy is filled or the Commissioner returns.
4. In case a vacancy occurs in the office of any appointing official who by law is authorized to appoint a deputy, or such official is absent, his or her deputy shall assume and discharge the duties of such office until the vacancy is filled or the official returns.
5. 1. The Secretary of Agriculture, Food and Markets, with the approval of the Governor, shall appoint a Deputy Secretary. The Secretary of Agriculture, Food and Markets may remove the Deputy Secretary at pleasure, and he or she shall be responsible for the Deputy Secretary's acts. The Agency of Agriculture, Food and Markets shall be so organized that, subject to the supervision of the Secretary of Agriculture, Food and Markets, the functions and duties that relate to administration and enforcement shall be in the charge of the Deputy Secretary. (e) (1)  The Secretary of Agriculture, Food and Markets, with the approval of the Governor, shall appoint a Deputy Secretary. The Secretary of Agriculture, Food and Markets may remove the Deputy Secretary at pleasure, and he or she shall be responsible for the Deputy Secretary's acts. The Agency of Agriculture, Food and Markets shall be so organized that, subject to the supervision of the Secretary of Agriculture, Food and Markets, the functions and duties that relate to administration and enforcement shall be in the charge of the Deputy Secretary.
   2. In case a vacancy occurs in the Office of the Secretary of Agriculture, Food and Markets, the Deputy Secretary shall assume and discharge the duties of the Secretary until the vacancy is filled or the Secretary returns.
6. All such appointments shall be in writing and recorded in the Office of the Secretary of State.

   Amended 1959, No. 328 (Adj. Sess.), § 2; 1959, No. 329 (Adj. Sess.), § 8, eff. March 1, 1961; 1965, No. 125 , § 14, eff. July 2, 1965; 1966, No. 11 (Sp. Sess.), eff. Feb. 23, 1966; 1967, No. 133 ; 1967, No. 319 (Adj. Sess.), § 4; 1973, No. 266 (Adj. Sess.), § 26, eff. April 16, 1974; 1983, No. 158 (Adj. Sess.), eff. April 13, 1984; 1987, No. 243 (Adj. Sess.), § 7, eff. June 13, 1988; 1989, No. 54 , § 1; 1989, No. 54 , § 1; 1989, No. 225 (Adj. Sess.), §§ 23, 25a; 1989, No. 256 (Adj. Sess.), § 10(a), eff. Jan. 1, 1991; 1995, No. 180 (Adj. Sess.), § 1; 2003, No. 42 , § 2, eff. May 27, 2003; 2003, No. 55 , § 10a, eff. June 4, 2003; 2009, No. 158 (Adj. Sess.), § 3; 2011, No. 78 (Adj. Sess.), § 2, eff. April 2, 2012; 2015, No. 23 , § 140.

§ 254. Term of officer elected by General Assembly.

The term of an officer elected by the General Assembly shall commence on March 1 in the year of such election and continue, if no other term is fixed by law, for the term of two years from and including such first day of March, and until his or her successor is elected and has qualified.

Amended 1985, No. 196 (Adj. Sess.), § 12.

§ 255. Term of officer appointed without advice and consent of Senate.

The term of an officer appointed by the Governor, without the advice and consent of the Senate, shall commence on the day when such appointee qualifies, and shall continue, where no other term is fixed by law, until March 1 of the next biennial year and until his successor is appointed and has qualified.

§ 256. Term of officer appointed with advice and consent of Senate.

1. Whenever it is provided by law that an office shall be filled by appointment with the advice and consent of the Senate, such appointment shall be made during the month of February, and the term of office of a person so appointed shall commence on the first day of March thereafter.
2. Notwithstanding any other provision of law, all secretaries of State agencies and all commissioners of State departments shall take office only with the advice and consent of the Senate except in the case of an appointment to fill a vacancy when the General Assembly is not in session in which case the appointee may take office subject to the provisions of section 257 of this title.

   Amended 1975, No. 84 , § 1, eff. April 24, 1975; 2013, No. 92 (Adj. Sess.), §§ 247, 302, eff. Feb. 14, 2014.

§ 257. Appointments and vacancies requiring advice and consent of Senate.

1. Appointments required to be made pursuant to section 256 of this title in the month of February, with the advice and consent of the Senate, shall be valid if made and confirmed at any time during the then regular biennial session of the General Assembly. If not made and confirmed in such month of February, the term of office of the person appointed and confirmed thereafter shall extend to and include the day whereon his or her term would expire had he or she been appointed and confirmed in such month of February.
2. When a vacancy occurs in an office requiring appointment with the advice and consent of the Senate, an appointment may be made to fill the vacancy.  If the appointment to fill the vacancy is made during any adjournment of the General Assembly the person appointed may validly function in that office during adjournment until the Senate convenes at the next regular, adjourned, or special session and acts upon the appointment submitted forthwith by the Governor; or if the appointment to fill the vacancy is made during any session of the General Assembly, the person appointed may validly function in that office until the Senate shall act upon the appointment submitted forthwith by the Governor.  Thereafter the appointee shall continue in office if the Senate consents to the appointment.

   Amended 1975, No. 84 , § 2, eff. April 24, 1975; 1977, No. 178 (Adj. Sess.).

§ 258. Removal of civil officers.

The Governor may remove any civil officer whose appointment devolves upon the Governor in the first instance, whether appointed by him or her or any of his or her predecessors, with or without the advice and consent of the Senate, and appoint a suitable person to succeed such official, subject to removal in his or her discretion, who shall be sworn and give the bond, if any, required by law. Such person, unless sooner removed, shall perform the duties and be entitled to the pay of the person whom he or she succeeds, until March 1 of the next biennial year and until his or her successor is appointed and has qualified.

§ 259. Holding over.

Each State and county officer elected or appointed for a definite term, unless other provision is made by the Constitution or under the express terms of a statute, shall continue to exercise the duties of such office until a successor is duly elected or appointed and has qualified.

§ 260. Location of offices.

1. The following State officers shall have their offices in Montpelier in quarters to be designated from time to time by the Governor: the Governor, State Treasurer, Secretary of State, Auditor of Accounts, and Attorney General.
2. The principal office of each administrative department shall be located at such location as the Secretary of Administration determines with the approval of the Governor, except that the principal Office of the Military Department shall be at Camp Johnson.
3. The principal office of each of the following boards and divisions shall be located in Montpelier: Division for Historic Preservation and Board of Libraries.
4. If either Montpelier, Burlington, or Camp Johnson, in the opinion of the Governor, becomes an unsafe place because of an enemy attack or threatened attack upon the United States or Canada, such offices, while such unsafe condition is continued, may be located elsewhere in quarters to be designated from time to time by him or her.
5. This section shall not apply to the State House, the use of which shall be under the exclusive direction of the General Assembly.

   Amended 1959, No. 12 , § 1, eff. March 4, 1959; 1959, No. 329 (Adj. Sess.), § 5, eff. March 1, 1961; 1961, No. 1 , eff. Feb. 3, 1961; 1971, No. 213 (Adj. Sess.), § 4, eff. April 3, 1972; 1975, No. 114 , § 12; 2007, No. 200 (Adj. Sess.), § 34, June 9, 2008; 2015, No. 97 (Adj. Sess.), § 2.

§ 261. Officers of State institutions.

A trustee or supervisor of a State institution, except the University of Vermont and State Agricultural College, shall not be employed in any capacity in such institution, nor shall the Commissioner of Corrections be employed in any capacity in any State institution over which he or she has supervision or charge. If such an officer accepts employment in a State institution contrary to the provisions of this section, his or her office shall be vacant.

Amended 1967, No. 106 , § 2.

§ 262. Employment of aliens.

No department or commission of the State government shall regularly employ an alien. However, physicians or other qualified health personnel required to have specialized or graduate training, each of whom has filed a declaration of intention to become a citizen, may be considered as eligible for employment in the absence of a register of qualified applicants for vacancies. The Commissioner of Corrections may employ alien physicians in a postgraduate training position for a period not to exceed two years. The Secretary of Transportation, as an emergency measure due to a nationwide shortage of engineers may employ not more than 10 qualified aliens, each of whom has filed a declaration to become a citizen; admitted under the Refugee Relief Act of 1953, as amended, or paroled in under the Immigration and Nationality Act of 1952, for a period not to exceed five years from date of appointment as a State employee, in engineering positions in the Agency of Transportation to expedite the surveying, designing and construction of Vermont highways and bridges. The Department of Development may employ outside the classified service aliens in any office located outside the United States, providing the individuals so employed are citizens of the nation in which the office is located.

Amended 1963, No. 88 , eff. May 10, 1963; 1967, No. 79 , eff. April 12, 1967; 1967, No. 106 , § 2; 1969, No. 213 (Adj. Sess.), eff. March 25, 1970.

§ 263. Employees entering armed forces.

1. A person in the permanent employ of the State of Vermont who is or has been inducted or ordered into the active service of the U.S. Armed Forces or who voluntarily enlists or was enlisted in such service in time of war or national emergency, or who is ordered to active duty as a member of a reserve component of the U.S. Armed Forces and thus for any of these causes leaves a permanent position, shall be restored to such position or to a position of like seniority, status, and class, or the nearest approximation thereto as he or she would have had if he or she had been continually employed by the State, provided such person;
   1. terminates such service or active duty with the U.S. Armed Forces at the conclusion of his or her initial period of service or tour of duty, together with involuntary extensions thereof, and furnishes a certificate or other valid evidence of satisfactory completion of such military service;
   2. is still qualified to perform the duties of his or her position with the State; and
   3. makes application for reemployment within 90 days after being relieved of such military service.
2. If a person returning to a position in State employment under the provisions of subsection (a) of this section is not qualified to perform the duties of such position by reason of disability sustained during such service but is qualified to perform the duties of some other position in the employ of the State which is vacant, such person shall be assigned to such other position so as to provide him or her with the same seniority, status and class, or the nearest approximation thereof as he or she would have had if he or she had been continuously employed by the State.
3. The words permanent employment shall not be construed as including any position which is elective or appointive wherein a term of office has expired.

§ 264. Accumulated sick leave.

An employee who has an accumulated sick leave balance shall be authorized its use although recovery and return to duty is impossible. However, periodically, at the request of the appointing authority or representative, the disability or illness and inability to perform position requirements, must be certified to by a licensed physician or osteopath. No sick leave shall be authorized beyond mandatory retirement age under the Retirement System.

Added 1971, No. 231 (Adj. Sess.), § 1.

§ 265. Certified emergency volunteer leave.

1. Any State employee who is a certified disaster relief service volunteer of the American Red Cross may, with the authorization of the employee's supervisor, be granted leave not to exceed 15 working days in any fiscal year to participate in specialized disaster relief service work if:
   1. the request for service is made by the American Red Cross; and
   2. 1. the disaster relief services are to be performed in Vermont; or (2) (A) the disaster relief services are to be performed in Vermont; or
      2. the disaster is a federal or presidentially declared disaster designated as Level III or above according to the American National Red Cross regulations and procedures; or
      3. the disaster is declared by the governor of a state or territory.
2. An employee granted leave under this section shall not lose seniority, accumulated vacation leave, sick leave, or earned overtime. In addition, the employee shall be paid the employee's regular pay based on regular work hours during the leave, provided that the disaster relief services are performed in Vermont or the services are performed in another state and pay during such service is authorized by the Governor.
3. The State shall not be liable for workers' compensation claims of the employee arising out of the disaster relief service work.

   Added 1995, No. 115 (Adj. Sess.), § 1, eff. Apr. 23, 1996.

§ 266. Repealed. 2009, No. 149 (Adj. Sess.), § 2.

§ 267. Executive officers; postemployment restrictions.

1. Prior participation while in State employ.
   1. An Executive officer, for one year after leaving office, shall not, for pecuniary gain, be an advocate for any private entity before any public body or the General Assembly or its committees regarding any particular matter in which:
      1. the State is a party or has a direct and substantial interest; and
      2. the Executive officer had participated personally and substantively while in State employ.
   2. The prohibition set forth in subdivision (1) of this subsection applies to any matter the Executive officer directly handled, supervised, or managed, or gave substantial input, advice, or comment, or benefited from, either through discussing, attending meetings on, or reviewing materials prepared regarding the matter.
2. Prior official responsibility.  An Executive officer, for one year after leaving office, shall not, for pecuniary gain, be an advocate for any private entity before any public body or the General Assembly or its committees regarding any particular matter in which the officer had exercised any official responsibility.
3. Exemption.  The prohibitions set forth in subsections (a) and (b) of this section shall not apply if the former Executive officer's only role as an advocate would exempt that former officer from registration and reporting under 2 V.S.A. § 262 .
4. Public body enforcement.  A public body shall disqualify a former Executive officer from his or her appearance or participation in a particular matter if the officer's appearance or participation is prohibited under this section.
5. Definitions.  As used in this section:
   1. "Advocate" means a person who assists, defends, or pleads.
   2. "Executive officer" means:
      1. the Governor, Lieutenant Governor, Treasurer, Secretary of State, Auditor of Accounts, or Attorney General; or
      2. under the Office of the Governor, an agency secretary or deputy or a department commissioner or deputy.
   3. "Private entity" means any person, corporation, partnership, joint venture, or association, whether organized for profit or not for profit, except one specifically chartered by the State of Vermont or that relies upon taxes for at least 50 percent of its revenues.
   4. "Public body" means any agency, department, division, or office and any board or commission of any such entity, or any independent board or commission, in the Executive Branch of the State.

      Added 2017, No. 79 , § 2.

§ 268. Boards and commissions; Sunset Advisory Commission. Section 268 repealed effective January 4, 2023.

1. Creation.
   1. There is created the Sunset Advisory Commission to review existing State boards and commissions, to recommend the elimination of any board or commission that it deems no longer necessary or the revision of any of the powers and duties of a board or commission, and to recommend whether members of the boards and commissions should be entitled to receive per diem compensation.
   2. As used in this section, "State boards and commissions" means professional or occupational licensing boards or commissions, advisory boards or commissions, appeals boards, promotional boards, interstate boards, supervisory boards and councils, and any other boards or commissions of the State.
2. Membership.
   1. The Commission shall be composed of the following six members:
      1. two current members of the House of Representatives who shall not both be from the same political party and one of whom shall be appointed co-chair, who shall be appointed by the Speaker of the House;
      2. two current members of the Senate, who shall not both be from the same political party and one of whom shall be appointed co-chair, who shall be appointed by the Committee on Committees; and
      3. two persons appointed by the Governor.
   2. Members shall be appointed at the beginning of each biennium. A member shall serve biennially and until his or her successor is appointed, except that a legislative member's term on the Commission shall expire on the date he or she ceases to be a member of the General Assembly.
3. Powers and duties.  The Commission shall have the following powers and duties:
   1. Inventory; group; review schedule.
      1. 1. The Commission shall inventory all of the State boards and commissions, organize them into groups, and establish a schedule to conduct a review of one group each biennium. (A) (i) The Commission shall inventory all of the State boards and commissions, organize them into groups, and establish a schedule to conduct a review of one group each biennium.
         2. The inventory shall include the names of the members of the State boards and commissions, their term length and expiration, and their appointing authority.
      2. The Commission shall provide its inventory of the State boards and commissions to the Secretary of State for the Secretary to maintain as set forth in section 116a of this title.
   2. Biennial review.
      1. Each biennium, the Commission shall review all of the State boards and commissions within one of its inventoried groups and shall take testimony regarding whether each of those boards and commissions should continue to operate or be eliminated and whether the powers and duties of any of those boards and commissions should be revised.
      2. In its review of each State board and commission, the Commission shall consider:
         1. the purpose of the board or commission and whether that purpose is still needed;
         2. how well the board or commission performs in executing that purpose; and
         3. if the purpose is still needed, whether State government would be more effective and efficient if the purpose were executed in a different manner.
      3. Each board and commission shall have the burden of justifying its continued operation.
      4. For any board or commission that the Commission determines should continue to operate, the Commission shall also determine whether members of that board or commission should be entitled to receive per diem compensation and if so, the amount of that compensation.
   3. Biennial report.  On or before the end of the biennium during which it reviews a group, the Commission shall submit to the House and Senate Committees on Government Operations its findings, any recommendation to eliminate a State board or commission within that group or to revise the powers and duties of a board or commission within the group, its recommendations regarding board or commission member per diem compensation, and any other recommendations for legislative action. The Commission shall also specifically recommend whether there should be changes to the information the Secretary of State provides in his or her inventory of the State boards and commissions as set forth in 3 V.S.A. § 116a . The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this subsection.
4. Assistance.  The Commission shall have the administrative, technical, and legal assistance of the Office of Legislative Counsel, the Office of Legislative Operations, the Joint Fiscal Office, and the Agency of Administration.
5. Compensation and expense reimbursement.
   1. For attendance at meetings during adjournment of the General Assembly, a legislative member of the Commission shall be entitled to per diem compensation and reimbursement of expenses pursuant to 2 V.S.A. § 23 for not more than five meetings per year. These payments shall be made from monies appropriated to the General Assembly.
   2. Other members of the Commission shall be entitled to per diem compensation and reimbursement of expenses as permitted under 32 V.S.A. § 1010 for not more than five meetings per year. These payments shall be made from monies appropriated to the Agency of Administration.

      Added 2018, No. 2 (Sp. Sess.), § 9; repealed on Jan. 4, 2023 by 2018, No. 2 (Sp. Sess.), § 11; 2019, No. 144 (Adj. Sess.), § 18.

§§ 301, 302. Repealed. 1987, No. 243 (Adj. Sess.), § 8, eff. June 13, 1988.

§§ 303-305. Repealed. 1981, No. 249 (Adj. Sess.), § 31, eff. July 4, 1982.

§§ 306, 307. Repealed. 1969, No. 113, § 7.

§ 308. Repealed. 1959, No. 331 (Adj. Sess.), § 15, eff. Feb. 9, 1960.

§ 309. Duties of Commissioner of Human Resources.

1. The Commissioner, as administrative head of the Department, shall direct and supervise all its administrative and technical activities.  In addition to the duties imposed elsewhere in this chapter, it shall be the Commissioner's duty:
   1. To apply and carry out this chapter and the rules adopted thereunder.
   2. To establish and maintain a roster of all classified employees in the State civil service, in which there shall be set forth, as to each employee, the class title, pay or status and other pertinent data.
   3. To foster and develop, in cooperation with the appointing authorities, programs for the improvement of employee effectiveness, including orientation, training, safety, health, counseling, and welfare.
   4. To encourage and aid in the development of effective personnel administration within the several departments in the State service, and to make available the facilities of the Department of Human Resources to this end.
   5. To investigate from time to time the operation and effect of this chapter and of the rules made thereunder and to report his or her findings to the Secretary of Administration and to the Governor.
   6. To make such reports regarding the work of the Department of Human Resources as the Commissioner may consider desirable and as may be required of the Commissioner to the Secretary of Administration and to the Governor.
   7. To maintain a continuous study of the status and availability of temporary employees, to receive and maintain adequate records and reports as to those employees, and cooperate with the State employment service in establishing lists of persons available for temporary employment.
   8. To establish a standard reporting form on contractual employees and to receive and maintain records indicating their status.
   9. To establish an employee census report providing for the systematic and regular accounting of all persons employed by the State in all categories of employment.
   10. To maintain registers of persons eligible for employment and to verify the availability of those persons certified to an appointing authority.
   11. To cooperate with all State agencies in initiating and maintaining a trainee-internship program, a recruitment program for clerical, administrative, and professional positions, which shall include visits to Vermont high schools, colleges, and universities.
   12. To design and make available to all State agencies service rating forms.
   13. To compile and publish a manual, which shall be kept current, containing the pertinent statutes, rules, and regulations of the Department of Human Resources and its rules of procedure and forms prescribed for use by rule or regulation.
   14. To perform any other lawful act that may be necessary and proper to carry out the purposes and provisions of this chapter.
   15. With the approval of the Governor, the Commissioner may appoint and employ a general legal counsel, to be exempt from the classified service, and who shall report directly to the Commissioner of Human Resources.
   16. -(18) [Repealed.]

       (19) Annually on or before January 15, the Commissioner of Human Resources shall submit to the General Assembly a report on the status of the State employee workforce. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this subsection. All reporting on numbers of State employees shall include numbers stated in "full-time equivalent" positions. The report shall consolidate reports mandated by the General Assembly, as well as other information regarding developments in State employment, including:

       1. use of temporary employees;
       2. use of limited service positions;
       3. vacancies of more than six months' duration;
       4. use of emergency volunteer leave under section 265 of this title;
       5. development of compensation plans;
       6. developments in equal employment opportunity;
       7. use of the position management system;
       8. abolished or transferred classified and exempt State positions.

          (20) To maintain a central payroll office, personnel earnings records, and records on authorized deductions.

          (21) To certify, by voucher, to the Commissioner of Finance and Management all necessary and appropriate disbursements associated with the payroll function.

2. The Commissioner, with the approval of the Secretary of Administration, may from time to time designate in writing an employee of the Department of Human Resources to act for him or her in case of his or her absence or temporary inability from any cause to discharge the powers and duties of the Commissioner's office.  In that case the powers and duties of the Commissioner shall devolve upon his or her representative.
3. The Commissioner may designate appropriate persons, including officers and employees in State service, to assist in the preparation and rating of tests.  An appointing authority may excuse any employee in the division or department from regular duties for the time required for work as an examiner.  Such officers and employees shall not be entitled to extra pay for their services as examiners but shall be entitled to reimbursement for necessary travel and other expenses.

   Amended 1959, No. 331 (Adj. Sess.), § 4, eff. Feb. 9, 1960; 1961, No. 177 , § 3; 1971, No. 191 (Adj. Sess.), § 16; 1981, No. 249 (Adj. Sess.), § 23, eff. July 4, 1982; 1993, No. 210 (Adj. Sess.), § 12; 1995, No. 123 (Adj. Sess.), § 2, eff. June 6, 1996; 1997, No. 28 , § 11, eff. May 15, 1997; 1999, No. 145 (Adj. Sess.), § 1; 2001, No. 142 (Adj. Sess.), § 302b; 2003, No. 156 (Adj. Sess.), § 15; 2007, No. 7 , § 8; 2013, No. 142 (Adj. Sess.), § 6; 2015, No. 172 (Adj. Sess.), § E.108.3, eff. June 8, 2016.

§ 309a. Employment of persons with disabilities.

1. The Commissioner shall adopt rules under chapter 25 of this title in consultation with appropriate vocational rehabilitation agencies, interested private associations and organizations, and interested individuals to establish procedures on the employment of persons with disabilities.
2. Rules adopted by the Commissioner shall allow flexibility with respect to hiring persons with a disability. The Commissioner may require certification by the Commissioner of Disabilities, Aging, and Independent Living to accompany the usual application for employment. The Commissioner of Disabilities, Aging, and Independent Living shall indicate in its certification that:
   1. the applicant is physically qualified to do the work without hazard to himself or herself or others; and
   2. the applicant is competent to maintain himself or herself in a work environment.
3. The Commissioner, in his or her discretion, may waive qualifications which exclude a person with a disability who is otherwise qualified. A waiver may apply to competitive entrance examinations, provisions relating to previous experience, or any other requirement for qualification. A waiver is to be used for equal access to employment, not for an advantage.

   Added 1977, No. 181 (Adj. Sess.), § 1, eff. April 3, 1978; amended 1989, No. 219 (Adj. Sess.), § 9; 1993, No. 210 (Adj. Sess.), § 12; 2005, No. 174 (Adj. Sess.), § 3; 2013, No. 96 (Adj. Sess.), § 6.

§ 310. Classification plan; rules.

1. The Department of Human Resources shall adopt a uniform and equitable plan of classification for each position within State service, now or hereafter created, including positions within the Department of Public Safety, except those positions expressly excluded by section 311 of this title or by other provisions of law. For purposes of internal position alignment and assignment of positions to salary ranges, the plan shall be based upon a job content comparison method of job evaluation. As used in this section, "job content comparison method" means a system under which positions are assigned to salary ranges based on a scale of values against which job evaluations of individual positions are compared.
2. It shall be the responsibility of the Department of Human Resources to perform job evaluations for each position based on current job descriptions that describe the nature, scope, and accountabilities for each class of employees.  It shall be the responsibility of the head of each department to provide current job descriptions for all positions within his or her department and such other information as may be required to the Department of Human Resources in order to enable that department to carry out its responsibility under this section.
3. The Department of Human Resources, upon the approval of the General Assembly, shall establish and maintain a salary structure consisting of salary ranges with a minimum salary and a maximum salary for each range.  Classes shall be assigned to salary ranges based upon the job evaluation provided for under subsection (b) of this section.
4. Subject to bargaining rights as set forth in chapter 27 of this title, the Secretary of Administration shall adopt rules and procedures to carry out the foregoing provisions of this section.
5. Subject to bargaining rights as set forth in chapter 27 of this title, the Commissioner of Human Resources shall make such regulations and adopt such methods of qualifying employees for positions as will make the plan effective, and shall prescribe rules governing appointments, probation, promotions, demotions, transfers, separations, vacations, sick leave, and hours of employment applicable to persons in the classified service.
6. The Classification and Compensation Plan and the rules and regulations for personnel administration shall be based on merit system principles and shall provide for compliance with the laws relating to preference granted to qualified persons who have served in the U.S. Armed Forces and received honorable discharge.
7. 1. After the requirements of an applicable collective bargaining agreement have been satisfied with regard to hiring issues and after compliance with subsection 327(a) of this title, and consistent with applicable State or federal standards for affirmative action, the State shall make a diligent effort to recruit, interview, and hire: (g) (1)  After the requirements of an applicable collective bargaining agreement have been satisfied with regard to hiring issues and after compliance with subsection 327(a) of this title, and consistent with applicable State or federal standards for affirmative action, the State shall make a diligent effort to recruit, interview, and hire:
      1. those applicants who meet the definition of a veteran as defined by 38 U.S.C. § 101 and who received an honorable discharge; and
      2. the spouses of veterans, as defined in subdivision (A) of this subdivision (1), who currently receive disability compensation or improved pension from the U. S. Department of Veterans' Affairs and are unable to work due to disability and the surviving spouses of veterans in cases where the surviving spouse currently receives dependency indemnity compensation from the U. S. Department of Veterans' Affairs.
   2. Veterans who apply for and meet the requirements for any open competitive recruitment that is conducted using a point-based examination and who receive a passing score shall have five points added to their competitive examination rating, and service-connected disabled veterans, veterans' unremarried widows or widowers, and spouses of totally service-connected disabled veterans who meet the requirements for any open competitive examination and who receive a passing score shall have ten points added to their competitive examination rating, subject to the provisions contained in 20 V.S.A. § 1543 .
8. Those individuals qualifying under subdivision (g)(1)(A) of this section shall be entitled to apply and compete for vacant positions for which recruitment is being conducted only on a statewide promotional basis.
9. The appeal procedures for classification and reclassification of an employee's or employees' positions shall be a subject for collective bargaining and when bargained this aspect of employment may be included as a grievance under subdivision 902(14) of this title.
10. Subject to the provisions of the collectively bargained agreements with the Vermont State Employees' Association, the Secretary of Administration may exceed established classified pay plan maximums to implement market factor adjustments for the purpose of attracting and retaining qualified employees in the classified system.

    Amended 1959, No. 331 (Adj. Sess.), § 5, eff. Feb. 9, 1960; 1961, No. 35 , eff. March 24, 1961; 1961, No. 177 , § 4; 1969, No. 113 , § 4; 1971, No. 191 (Adj. Sess.), § 2; 1971, No. 193 (Adj. Sess.), §§ 1, 17, eff. April 3, 1972; 1975, No. 118 , § 66, eff. April 30, 1975; 1979, No. 59 , § 10; 1979, No. 90 (Adj. Sess.), § 1, eff. Feb. 28, 1980; 1981, No. 249 (Adj. Sess.), § 24; eff. July 4, 1982; 1989, No. 67 , § 15; 1997, No. 147 (Adj. Sess.), § 274b; 2003, No. 111 (Adj. Sess.), § 1; 2003, No. 156 (Adj. Sess.), § 15; 2017, No. 85 , § E.108.2.

§ 311. Classified service defined; exceptions.

1. The classified service to which this chapter shall apply shall include all positions and categories of employment by the State, except as otherwise provided by law, and except the following:
   1. The General Assembly and its employees and other officers elected by popular vote or by vote of the General Assembly and persons appointed to fill vacancies in elective offices.
   2. Members of boards and commissions and heads of departments or agencies appointed by the Governor, or with his or her approval.
   3. One principal or executive assistant, one deputy to the head of a department or agency, one private secretary, and one executive director for each board or commission or head of a department or agency elected or appointed by the Governor or General Assembly. However, nothing in this subdivision shall be construed to prevent a board, commission, or director or head of a department or agency from designating a classified employee to perform the duties of a principal assistant, deputy, executive director, or private secretary.
   4. Employees in the office of the Governor.
   5. Judges, referees, receivers, jurors, and notaries public, and all other officers and employees of a court.
   6. Presidents and heads of all State teachers colleges and employees of such colleges.
   7. Patients or inmates employed in State institutions.
   8. Persons employed in a professional or scientific capacity to make or conduct a temporary and special inquiry, investigation, or examination on behalf of the Legislature or a committee thereof, or by authority of the Governor.
   9. Positions for which the salary or compensation is fixed by statute.
   10. A person or persons engaged under retainer, contract for services as defined in section 341 of this title, or special agreement.
   11. Persons employed in a temporary capacity, in accordance with the provisions of section 331 of this title.
   12. Assistant Attorneys General and Special Assistant Attorneys General.
   13. [Repealed.]
   14. Attorneys employed as legal advisors or special counsel outside the Office of the Attorney General, including special counsel for the Public Utility Commission.
   15. The clerk and reporter employed by the Occupational Safety and Health Review Board.
   16. Employees of firms engaged by the Department of Buildings and General Services to perform custodial and maintenance services.
2. Positions in the uniformed State Police within the Department of Public Safety shall be deemed to be within the classified service for purposes of job evaluation and assignment of position classes to salary ranges only, and not otherwise.

   Amended 1961, No. 177 , § 6; 1963, No. 170 , § 1; 1965, No. 44 , § 2, eff. May 5, 1965; 1965, No. 125 , § 4, eff. July 2, 1965; 1967, No. 147 , § 9, eff. Oct. 1, 1968; 1967, No. 263 (Adj. Sess.), § 1, eff. Feb. 28, 1968; 1969, No. 294 (Adj. Sess.), § 26, eff. April 9, 1970; 1971, No. 43 , § 1, eff. April 7, 1971; 1971, No. 191 (Adj. Sess.), § 3; 1971, No. 193 (Adj. Sess.), §§ 2, 3, eff. April 3, 1972; 1971, No. 205 (Adj. Sess.), § 4; 1977, No. 222 (Adj. Sess.), § 2, eff. July 2, 1978; 1979, No. 59 , §§ 14, 31(c); 1979, No. 205 (Adj. Sess.), § 140, eff. May 9, 1980; 1983, No. 147 (Adj. Sess.), § 4(a), eff. April 11, 1984; 1989, No. 67 , § 16; 1993, No. 93 , § 2; 1993, No. 227 (Adj. Sess.), § 14; 1999, No. 75 (Adj. Sess.), § 1; 2015, No. 78 (Adj. Sess.), § 1; 2017, No. 113 (Adj. Sess.), § 2; 2019, No. 144 (Adj. Sess.), § 19.

§ 312. Classification plan; definition.

1. The term "merit system" means the system developed to maintain an efficient career service in State government under public rules, which, among other provisions, includes appointment through competitive examination; nondiscrimination because of race, sex, politics, national origin, or religion; an equitable and adequate compensation plan; tenure, contingent on successful performance; and promotion, contingent on evaluated capacity and service.
2. Merit system principles are:
   1. recruiting, selecting, and advancing employees on the basis of their relative ability, knowledge, and skills, including open consideration of qualified applicants for initial appointment;
   2. [Repealed.]
   3. training employees, as needed, to assure high-quality performance;
   4. retaining employees on the basis of the adequacy of their performance, correcting inadequate performance, and separating employees whose inadequate performance cannot be corrected;
   5. assuring fair treatment of applicants and employees in all aspects of personnel administration without regard to political affiliation, race, color, national origin, sex, or religious creed and with proper regard for their privacy and constitutional rights as citizens; and
   6. assuring that employees are protected against coercion for partisan political purposes and are prohibited from using their official position for the purpose of interfering with or affecting the result of an election or a nomination for office.
3. Notwithstanding any other provision of law, rules, regulations, or agreements whenever federal requirements are applicable to programs as a condition for receipt of federal funds or assistance, all agency secretaries, department heads, division heads, and other State officers, with the approval of the Governor or of such person as the Governor may designate, are authorized to take such action as is necessary to assure that all personnel practices in those programs are in accordance with federal laws, regulations, and requirements. This provision shall not be construed to authorize the impairment of the State's obligations under any contract or agreement, or of the vested rights and remedies of any person.

   Amended 1971, No. 193 (Adj. Sess.), § 4, eff. April 3, 1972; 1977 No. 109, § 33(c), eff. July 3, 1977.

§ 313. Cost of operating plan.

The cost of operating the plan selected and adopted shall be prorated to each agency on the basis of the number of employees in each agency.

§ 314. Duty to furnish facilities.

All officers and employees of the State shall allow the department the reasonable use of public buildings under their control, and furnish heat, light, and furniture, for any examination, hearing, or investigation authorized by this chapter.

Amended 1959, No. 331 (Adj. Sess.), § 6, eff. Feb. 9, 1960.

§ 315. Duties of State officers and employees.

All officers and employees of the State shall comply with the provisions of this chapter and lawful rules, regulations and orders of the Commissioner of Human Resources pursuant thereto. The Commissioner of Human Resources, with the approval of the Governor, may institute and maintain any action or proceeding to secure compliance with the provisions of this chapter and lawful rules, regulations, and orders pursuant thereto.

Amended 1959, No. 331 (Adj. Sess.), § 7, eff. Feb. 9, 1960; 1981, No. 249 (Adj. Sess.), § 25, eff. July 4, 1982; 2003, No. 156 (Adj. Sess.), § 15.

§ 316. Records of the Department of Human Resources.

The records of the Department, except such records as the rules may properly require to be held confidential for reasons of public policy, shall be public records and shall be open to public inspection, subject to reasonable regulations as to the time and manner of inspection as may be prescribed by the Commissioner.

Amended 1959, No. 331 (Adj. Sess.), § 8, eff. Feb. 9, 1960; 2003, No. 156 (Adj. Sess.), § 15.

§ 317. Oaths, testimony, and the production of records.

The Commissioner shall have the power to administer oaths, subpoena witnesses, and order the production of books and papers pertinent to any investigation or hearing authorized by this chapter.

Amended 1959, No. 331 (Adj. Sess.), § 9, eff. Feb. 9, 1960; 1969, No. 113 , § 5; 1981, No. 249 (Adj. Sess.), § 26, eff. July 4, 1982.

§ 318. Offenses.

1. No person shall make any false statement, certificate, mark, rating, or report with regard to any test, certification, or appointment made under any provision of this chapter or in any manner commit any fraud preventing the impartial execution of this chapter and the rules.
2. No employee of the Department, examiner, or other person shall defeat, deceive, or obstruct any person in his or her right to examination, eligibility, certification, or appointment under this chapter, or furnish to any person any special or secret information for the purpose of affecting the rights or prospects of any person with respect to employment in the classified service.
3. Any person who wilfully violates any provision of this section shall be guilty of misdemeanor and upon conviction shall be fined not to exceed $100.00 or imprisoned for not to exceed 60 days, or both.

§§ 319 Repealed. 1959, No. 262, § 37, eff. June 11, 1959.

§§ 320, 321. Repealed. 1969, No. 113, § 7.

§ 322. Rating service forms, completion and disposition.

All officers and employees of the State who act in a supervisory capacity shall at least annually complete service rating forms for each classified employee under their immediate supervision in accordance with the service rating procedures established by the Commissioner of Human Resources. One copy of the rating form shall be provided to the employee and one copy shall be retained by the agency.

Added 1959, No. 331 (Adj. Sess.), § 13, eff. Feb. 9, 1960; 2003, No. 156 (Adj. Sess.), § 15.

§ 323. Definitions.

As used in this chapter, unless the context clearly requires otherwise:

1. "Accountability" means the degree to which the holder of a position is accountable for the end results of his or her job performance.
2. "Bona fide emergency" means an unanticipated need for short-term staffing:
   1. to prevent significant disruption to the continued operation of State government;
   2. to avoid serious or imminent harm to the public, critical services, or other staff; or
   3. to avoid jeopardizing public safety.

      "Class" means one or more positions sufficiently similar in nature, scope, and accountability that the same title, test of fitness, and schedule of compensation may be applied to each position.

      "Job evaluation" means the systematic method used to determine the value of each job in relation to other jobs within the State service.

      (5) "Seasonal employment" means employment in a temporary position with a specific start date and anticipated end date for a period of not more than seven months in any 12-month period or employment in a temporary position with a specific start date and anticipated end date for a period of more than seven months that has been approved by the Commissioner of Human Resources pursuant to subdivision 331(c)(3) of this chapter. Seasonal employment includes employment in temporary positions that are available on a reoccurring basis from year to year.

      Added 1971, No. 191 (Adj. Sess.), § 4; amended 2019, No. 58 , § 2.

§§ 324 Repealed. 1981, No. 249 (Adj. Sess.), § 31, eff. July 4, 1982.

§ 325. Repealed. 1977, No. 109, § 33(a), eff. July 1, 1978.

§ 326. Repealed. 1981, No. 249 (Adj. Sess.), § 31, eff. July 4, 1982.

§ 327. Hiring.

1. When a vacancy in the classified service occurs, the appointing officer shall make a diligent effort to recruit an employee from within the classified service to fill the vacancy.
2. Any position which has been vacant for a period of six months shall be eliminated unless the Secretary of Administration determines that the position is essential and has remained vacant because of specific professional qualifications.

   Added 1975, No. 196 (Adj. Sess.), § 9; amended 1977, No. 109 , § 24, eff. July 3, 1977.

§ 328. Repealed. 1997, No. 59, § 6, eff. June 30, 1997.

§ 329. Probationary and temporary employees; pay adjustment.

Original probationary and temporary employees at the minimum of their pay grades shall be adjusted to the new minimum rate, effective with the adjustment of pay grade minimum.

Added 1989, No. 67 , § 17.

§ 330. Vermont Internship Program.

1. A Vermont Internship Program is created:
   1. to attract persons to train for and then serve State government in occupations where the State anticipates difficulty attracting or retaining qualified employees;
   2. to provide an enriched experience designed to bring trainees to full class performance levels in a logical and systematic manner;
   3. to support equal employment opportunity; and
   4. to provide upward mobility, lateral movement, or other opportunities for current employees who have demonstrated high potential.
2. Position authorization.
   1. [Expired.]
   2. The positions may be created in response to real or anticipated recruitment and retention difficulties or in instances wherein the Commissioner has determined the State's needs for individuals to serve in a certain position will best be met through the Vermont internship program.
   3. Each position authorized by the Commissioner shall be established for a specific period of time not to exceed five years.  In accordance with the approved plan, or where the Commissioner deems it appropriate, Vermont Internship Program positions shall revert to the Commissioner for reallocation.
   4. Departments or agencies shall use existing monetary resources to fund the positions created under this section.
   5. Requests for positions under the Vermont Internship Program shall be in a form and following procedures prescribed by the Commissioner.  All requests shall certify that all reasonable efforts shall be made to insure a vacant position will be available to each Vermont Internship Program participant upon completion of the program.
3. 1. Eligibility.  Any person shall be eligible to compete for participation in the Vermont Internship Program. (c) (1)  Eligibility.  Any person shall be eligible to compete for participation in the Vermont Internship Program.
   2. Outreach efforts shall be extended appropriately to assure that all segments of the qualified populace are informed about opportunities to apply and compete for these vacancies on the basis of merit.
4. 1. Selection and retention.  Departments and agencies have final responsibility for selection of Vermont Internship Program candidates using criteria and procedures to be issued by the Department of Human Resources. (d) (1)  Selection and retention.  Departments and agencies have final responsibility for selection of Vermont Internship Program candidates using criteria and procedures to be issued by the Department of Human Resources.
   2. Departments shall make a diligent effort to select Vermont internship participants from among applicants who are State employees.
   3. A Vermont Internship Program employee must maintain a satisfactory performance rating at all times for job-training activities, must receive at least a grade of C (or its equivalent) in classes taken as part of the Vermont Internship Program plan, and, if enrolled in any degree program, must maintain minimum requirements by the educational institution.
5. 1. Development of candidates.  All Vermont Internship Program members shall have individual development plans approved by the Commissioner of Human Resources. (e) (1)  Development of candidates.  All Vermont Internship Program members shall have individual development plans approved by the Commissioner of Human Resources.
   2. The actual developmental systems used, whether job rotation, special projects, details, or progressively more difficult tasks, education, and training shall form part of the individual development plans.
   3. The department or agency making use of a Vermont Internship Program shall conduct regular reviews of performance and progression of capabilities and shall submit written documentation of this on a form and using procedures provided for by the Commissioner of Human Resources.
6. 1. Rights of Vermont Internship Program members.  Vermont Internship Program participants shall be deemed to be classified State employees in their initial probationary period for the entire period of their participation, and continuation of one's training in Vermont Internship Programs shall be in the discretion of the appointing authority.  They shall be paid the minimum rate for comparable positions in the classified service, unless otherwise authorized by the Commissioner of Human Resources. (f) (1)  Rights of Vermont Internship Program members.  Vermont Internship Program participants shall be deemed to be classified State employees in their initial probationary period for the entire period of their participation, and continuation of one's training in Vermont Internship Programs shall be in the discretion of the appointing authority.  They shall be paid the minimum rate for comparable positions in the classified service, unless otherwise authorized by the Commissioner of Human Resources.
   2. Vermont Internship Program participants shall agree to work in a State position consistent with the approved plan after completion of the planned Vermont internship for a period of time equal to the length of Vermont Internship Program participation. Any Vermont Internship Program member who does not satisfy this requirement shall reimburse the State for all tuition, fees and/or expenses paid by the State in connection with Vermont Internship Program participation, including salary paid during periods of paid educational leave, unless waived by the Commissioner of Human Resources.
   3. Unless authorized by the approved plan, Vermont Internship Program participants shall participate in on-the-job training of at least 20 hours per week.  They are eligible for State classified medical and life insurance plans as well as leave benefits in the same manner and to the same extent as State employees working similar schedules.
   4. Upon satisfactory completion of the Vermont Internship Program, the participants shall be eligible for noncompetitive appointment to a vacant position consistent with the approved plan, which shall be made available by the participating department unless waived by the Commissioner of Human Resources.
   5. Notwithstanding any provision to the contrary in sections 455 et seq. of this title, upon completion of a State employment commitment described in subdivision (2) of this subsection, such employee shall receive State employment retirement credit for all Vermont Internship Program time.
   6. A classified State employee who accepts an appointment to the Vermont Internship Program shall be entitled to a leave of absence in the same manner and to the same extent as if he or she had accepted appointment to an exempt position in State government.
   7. Vermont Internship Program members aggrieved under this section shall have right of appeal to the Commissioner of Human Resources who shall decide.
   8. Nothing provided herein shall be construed to be inconsistent with or in violation of section 310 or 312 of this title.

      Added 1989, No. 80 , § 1; amended 1989, No. 277 (Adj. Sess.), § 13; 2003, No. 156 (Adj. Sess.), § 15.

§ 331. Temporary employees.

1. The State shall not employ any person in a temporary capacity except in accordance with the provisions of this section.
2. 1. On request of the appointing authority, the Commissioner of Human Resources may approve, in writing, the creation of a temporary position and the hiring of a person to fill such temporary position only if the position and person are needed: (b) (1)  On request of the appointing authority, the Commissioner of Human Resources may approve, in writing, the creation of a temporary position and the hiring of a person to fill such temporary position only if the position and person are needed:
      1. to meet a seasonal employment need of State government;
      2. to respond to a bona fide emergency;
      3. to fill in for the temporary absence of an existing employee, or a vacancy in an existing position; or
      4. to perform a governmental function that requires only intermittent, sporadic, or ongoing employment, provided that such employment does not exceed 1,280 work hours in any one calendar year.
   2. 1. Except as provided in subdivision (1) of this subsection, the Commissioner shall not approve the creation of a temporary position or the hiring of a person to fill such temporary position if the governmental function is ongoing and continuing. (2) (A) Except as provided in subdivision (1) of this subsection, the Commissioner shall not approve the creation of a temporary position or the hiring of a person to fill such temporary position if the governmental function is ongoing and continuing.
      2. The Commissioner shall not approve the creation of a temporary position or the hiring of a person to fill such temporary position if approval is intended to circumvent, or has the effect of circumventing, the policies and purposes of the classified service under this chapter.
3. 1. Subdivision (c)(1) effective until July 1, 2024; see also subdivision (c)(1) effective July 1, 2024 set out below.  The Commissioner may authorize the continued employment of a person in a temporary capacity for more than 1,280 work hours in any one calendar year if the Commissioner determines, in writing, that a bona fide emergency exists for the appointing authority that requires such continued employment. Authorization of temporary employment for more than 1,280 work hours in a calendar year shall not be required for seasonal employment, as that term is defined pursuant to section 323 of this chapter. Annually, on or before January 15, the Commissioner shall submit a report to the House Committee on General, Housing, and Military Affairs and the House and Senate Committees on Government Operations: (c) (1)  Subdivision (c)(1) effective until July 1, 2024; see also subdivision (c)(1) effective July 1, 2024 set out below.  The Commissioner may authorize the continued employment of a person in a temporary capacity for more than 1,280 work hours in any one calendar year if the Commissioner determines, in writing, that a bona fide emergency exists for the appointing authority that requires such continued employment. Authorization of temporary employment for more than 1,280 work hours in a calendar year shall not be required for seasonal employment, as that term is defined pursuant to section 323 of this chapter. Annually, on or before January 15, the Commissioner shall submit a report to the House Committee on General, Housing, and Military Affairs and the House and Senate Committees on Government Operations:
      1. identifying the total number of temporary employees who have worked:
         1. 1,280 hours in the prior calendar year; or
         2. in excess of 1,280 hours in the prior calendar year;
      2. identifying the agency or department that is assigned the temporary position;
      3. identifying the total number of hours worked by each temporary employee; and
      4. including a statement:
         1. recommending the conversion of the position to a permanent classified position; or
         2. stating the reasons why the temporary position should be continued.

            (1) Subdivision (c)(1) effective July 1, 2024; see also subdivision (c)(1) effective until July 1, 2024 set out above. The Commissioner may authorize the continued employment of a person in a temporary capacity for more than 1,280 hours in any one calendar year if the Commissioner determines, in writing, that a bona fide emergency exists for the appointing authority that requires such continued employment.

   2. It shall be the responsibility of the head of each department to provide to the Department of Human Resources a detailed justification for each waiver to exceed the 1,280-work-hour limit within his or her department and such other information as may be required in order to enable that department to carry out its responsibility under this section.
   3. The Commissioner may authorize seasonal employment in a specific position for a period of between seven and 12 months if the Commissioner determines, in writing, that the nature and duties of the position require the employment of a person for a period of more than seven months in a 12-month period. The Commissioner shall not authorize seasonal employment for a period of more than seven months in a 12-month period if the authorization is intended to circumvent, or has the effect of circumventing, the policies and purposes of the classified service under this chapter. Annually, on or before January 15, the Commissioner shall submit a report to the House and Senate Committees on Government Operations regarding:
      1. the total number of positions in seasonal employment that have been authorized for a period of between seven and 12 months during the prior calendar year;
      2. the agency or department that each position identified in subdivision (A) of this subdivision (c)(3) is assigned to; and
      3. the period of time that each identified position is authorized for.
4. The Commissioner may transfer and convert existing, vacant positions in the Executive Branch of State government to replace the temporary positions of long-term temporary employees who are performing ongoing and continuing functions of State government for more than 1,280 work hours in any one calendar year.
5. Any party aggrieved by a decision of the Commissioner under this section may request that the Commissioner reconsider his or her decision. Such party may appeal the Commissioner's reconsideration to the Vermont Labor Relations Board pursuant to the rules of the Board. Within 90 days of the filing of an appeal, the Board shall determine if the Commissioner of Human Resources abused his or her discretion under this section. If the Board determines that there has been an abuse of discretion, the Board shall remand the decision back to the Commissioner and order that corrective action be taken within 90 days of the Board's order. The Commissioner, in his or her sole discretion, may replace the temporary employee with a permanent position, or eliminate the temporary position and grant reemployment rights if those rights would have been provided to a classified employee under the relevant collective bargaining agreement.
6. An individual employed in a temporary or seasonal capacity shall be entitled to the whistleblower protections, rights, and remedies provided to State employees pursuant to sections 971-978 of this title.

   Added 1993, No. 93 , § 3; amended 1999, No. 145 (Adj. Sess.), § 2; 2003, No. 156 (Adj. Sess.), § 15; 2013, No. 163 (Adj. Sess.), § 1; 2017, No. 154 (Adj. Sess.), § 7, eff. May 21, 2018; 2019, No. 58 , § 3; 2019, No. 58 , § 10, eff. July 1, 2024.

§ 332. Human resource development services.

The Commissioner of Human Resources is authorized to provide human resource development services, and access to human resource development equipment and facilities:

1. for State government entities and nonstate entities provided that the human resource development needs of State entities shall take precedence over those of nonstate entities;
2. under a schedule whereby the participants are charged reasonable fees based on the cost of providing the service and access to the equipment and facilities;
3. any fees so charged may contain a surcharge for nonstate entities; and
4. all fees collected under this section shall be credited to the Human Resource Development Special Fund established and managed pursuant to 32 V.S.A. chapter 7, subchapter 5, and shall be available to the Department of Human Resources to offset and enhance the provision of human resource development.

   Added 1995, No. 186 (Adj. Sess.), § 26, eff. May 22, 1996; 2003, No. 156 (Adj. Sess.), § 15.

§ 333. Human resource recruitment services.

1. The Commissioner of Human Resources is authorized to develop programs and take measures to increase the quantity of qualified applicants applying for employment by the State.
2. Appropriate activities include: the placement of advertisements for recruitment of open and continuous recruitment positions, both within and outside the classified service, for all State government entities; listing of positions with governmental and private entities that maintain job listings; and attendance at job and recruitment fairs.
3. The Commissioner is authorized to charge other governmental entities for the costs associated with furnishing the services described in this section. All fees collected under this section shall be credited to the Human Resource Recruitment Special Fund established and managed pursuant to 32 V.S.A. chapter 7, subchapter 5, and shall be available to the Department of Human Resources to offset the cost of and enhance the provision of human resource recruitment services.

   Added 2001, No. 11 , § 54, eff. April 25, 2001; amended 2003, No. 156 (Adj. Sess.), § 15.

§ 341. Definitions.

As used in this chapter:

1. "Agency" means any agency, board, department, commission, committee, or authority of the Executive Branch of State government.
2. "Personal services contract" means a contract for services that is categorized as personal services in accordance with procedures developed by the Secretary of Administration and is consistent with subdivisions 342(1), (2), and (3) of this title.
3. "Privatization contract" means a contract for services valued at $25,000.00 or more per year, which is the same or substantially similar to and in lieu of services previously provided, in whole or in part, by permanent, classified State employees, and which results in a reduction in force of at least one permanent, classified employee, or the elimination of a vacant position of an employee covered by a collective bargaining agreement.
4. "Contract for services" means an agreement or combination or series of agreements by which an entity or individual agrees with an agency to provide services as a contractor, rather than as an employee.

   Added 1999, No. 75 (Adj. Sess.), § 2; amended 2009, No. 54 , § 107, eff. June 1, 2009; 2015, No. 78 (Adj. Sess.), § 2.

§ 342. Contracting standards; contracts for services.

Each contract for services valued at $25,000.00 or more per year shall require certification by the Office of the Attorney General to the Secretary of Administration that such contract for services is not contrary to the spirit and intent of the classification plan and merit system and standards of this title. A contract for services is contrary to the spirit and intent of the classification plan and merit system and standards of this title, and shall not be certified by the Office of the Attorney General as provided in this section, unless the provisions of subdivisions (1), (2), and (3) of this section are met, or one or more of the exceptions described in subdivision (4) of this section apply.

1. The agency will not exercise supervision over the daily activities or methods and means by which the contractor provides services other than supervision necessary to ensure that the contractor meets performance expectations and standards; and
2. The services provided are not the same as those provided by classified State employees within the agency; and
3. The contractor customarily engages in an independently established trade, occupation, profession, or business; or
4. Any of the following apply:
   1. The services are not available within the agency or are of such a highly specialized or technical nature that the necessary knowledge, skills, or expertise is not available within the agency.
   2. The services are incidental to a contract for purchase or lease of real or personal property.
   3. There is a demonstrated need for an independent audit, review, or investigation; or independent management of a facility is needed as a result of, or in response to, an emergency such as licensure loss or criminal activity.
   4. The State is not able to provide equipment, materials, facilities, or support services in the location where the services are to be performed in a cost-effective manner.
   5. The contract is for professional services, such as legal, engineering, or architectural services, that are typically rendered on a case-by-case or project-by-project basis, and the services are for a period limited to the duration of the project, normally not to exceed two years or provided on an intermittent basis for the duration of the contract.
   6. The need for services is urgent, temporary, or occasional, such that the time necessary to hire and train employees would render obtaining the services from State employees imprudent. Such contract shall be limited to 90 days' duration, with any extension subject to review and approval by the Secretary of Administration.
   7. Contracts for the type of services covered by the contract are specifically authorized by law.
   8. Efforts to recruit State employees to perform work, authorized by law, have failed in that no applicant meeting the minimum qualifications has applied for the job.
   9. The cost of obtaining the services by contract is lower than the cost of obtaining the same services by utilizing State employees. When comparing costs, the provisions of section 343 of this title shall apply.

      Added 1999, No. 75 (Adj. Sess.), § 2; amended 2015, No. 78 (Adj. Sess.), § 3.

§ 343. Privatization contracts; procedure.

1. An agency shall not enter into a privatization contract, unless all of the following are satisfied:
   1. Thirty-five days prior to the beginning of any open bidding process, the agency provides written notice to the collective bargaining representative of the intent to seek to enter a privatization contract. During those 35 days, the collective bargaining representative shall have the opportunity to discuss alternatives to contracting. Such alternatives may include amendments to the contract if mutually agreed upon by the parties. Notices regarding the bid opportunity may not be issued during the 35-day discussion period. The continuation of discussions beyond the end of the 35-day period shall not delay the issuance of notices.
   2. The proposed contract is projected to result in overall cost savings to the State of at least 10 percent above the projected cost of having the services provided by classified State employees.
   3. When comparing the cost of having a service provided by classified State employees to the cost of having the service provided by a contractor:
      1. The expected costs of having services provided by classified State employees and obtaining the service through a contractor should be compared over the life of the contract. One-time costs associated with having services provided by a contractor rather than classified State employees, such as the expected cost of leave pay-outs for separating employees, unemployment compensation, and the cost of meeting the State's obligation, if any, to continue health insurance benefits, shall be spread over the expected life of the contract.
      2. The basic cost of services by a contractor includes:
         1. the bid price or maximum acceptable bid identified by the contracting authority; and
         2. any additional costs to be incurred by the agency for inspection, facilities, reimbursable expenses, supervision, training, and materials, but only to the extent that these costs exceed the costs the agency could expect to incur for inspection, facilities, reimbursable expenses, and materials if the services were provided by classified State employees.
      3. The basic cost for services provided by a classified State employee includes:
         1. wages, benefits, and training;
         2. the cost of supervision and facilities, but only to the extent that these costs exceed the costs the agency could expect to incur for supervision or facilities if the services were provided by a contractor; and
         3. the estimated cost of obtaining goods when the comparison is with the cost of a contract that includes both goods and services.
      4. Possible reductions in the cost of obtaining services from classified State employees that require concessions shall not be considered unless proposed in writing by the certified collective bargaining agent and mutually agreed to by the State and collective bargaining agent.
2. 1. A privatization contract shall contain specific performance measures regarding quantity, quality, and results and guarantees regarding the services performed. (b) (1)  A privatization contract shall contain specific performance measures regarding quantity, quality, and results and guarantees regarding the services performed.
   2. The agency shall provide information in the State's Workforce Report on the contractor's compliance with the specific performance measures set out in the contract.
   3. The agency may not renew the contract if the contractor fails to comply with the specific performance measures set out in the contract as required by subdivision (1) of this subsection.
3. 1. Before an agency may renew a privatization contract for the first time, the Auditor of Accounts shall review the privatization contract analyzing whether it is achieving: (c) (1)  Before an agency may renew a privatization contract for the first time, the Auditor of Accounts shall review the privatization contract analyzing whether it is achieving:
      1. the 10 percent cost-savings requirement set forth in subdivision (a)(2) of this section;
      2. the performance measures incorporated into the contract as required under subdivision (b)(1) of this section.
   2. If the Auditor of Accounts finds that a privatization contract has not achieved the cost savings required under subdivision (a)(2) of this section or complied with performance measures required under subdivision (b)(1) of this section, the Auditor of Accounts shall file a report with the agency and the House and Senate Committees on Government Operations, and the agency shall review whether to renew the privatization contract or perform the work with State employees.

      Added 1999, No. 75 (Adj. Sess.), § 2; amended 2017, No. 174 (Adj. Sess.), § 1, eff. May 25, 2018.

§ 344. Contract administration.

1. The Secretary of Administration shall maintain a database with information about contracts for services, including approved privatization contracts and approved personal services contracts. The Secretary shall also maintain a database with information about privatization contracts that are rejected because they fail to qualify under subdivision 343(2) of this title. Contracts maintained in the database shall be public record to the extent provided under 1 V.S.A. chapter 5, and shall be located at the agency of origin, including information about names of contractors, summaries of work to be performed, costs, and duration.
2. The information on contracts maintained in the database shall be reported to the General Assembly in the annual workforce report required under subdivision 309(a)(19) of this title. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this subsection.

   Added 1999, No. 75 (Adj. Sess.), § 2; amended 2013, No. 142 (Adj. Sess.), § 7; 2015, No. 78 (Adj. Sess.), § 4.

§ 345. Equal pay in government contracts; certification.

1. Notwithstanding any other provision of law, an agency may not enter into a contract for goods with a contractor who does not provide written certification of compliance with the equal pay provisions of 21 V.S.A. § 495(a)(7) .
2. A contractor subject to this section shall maintain and make available its books and records at reasonable times and upon notice to the contracting agency and the Attorney General so that either may determine whether the contractor is in compliance with this section.

   Added 2013, No. 31 , § 3.

§ 346. State contracting; intellectual property, software design, and information technology.

1. The Secretary of Administration shall include in Administrative Bulletin 3.5 a policy direction applicable to State procurement contracts that include services for the development of software applications, computer coding, or other intellectual property, which would allow the State of Vermont to grant permission to the contractor to use or own the intellectual property created under the contract for the contractor's commercial purposes.
2. The Secretary may recommend contract provisions that authorize the State to negotiate with a contractor to secure license terms and license fees, royalty rights, or other payment mechanism for the contractor's commercial use of intellectual property developed under a State contract.
3. If the Secretary authorizes a contractor to own intellectual property developed under a State contract, the Secretary may recommend language to ensure the State retains a perpetual, irrevocable, royalty-free, and fully paid right to continue to use the intellectual property including escrow for perpetual use at least annually.

   Added 2013, No. 199 (Adj. Sess.), § 18; amended 2019, No. 49 , § 2, eff. June 10, 2019.

§ 347. Contractor contribution restrictions.

The Secretary of Administration shall include in the terms and conditions of sole source contracts a self-certification of compliance with the contractor contribution restrictions set forth in 17 V.S.A. § 2950 .

Added 2017, No. 79 , § 4a, eff. Dec. 16, 2018.

§ 348. Internet service providers; net neutrality compliance.

1. The Secretary of Administration shall develop a process by which an Internet service provider may certify that it is in compliance with the consumer protection and net neutrality standards established in subsection (b) of this section.
2. A certificate of net neutrality compliance shall be granted to an Internet service provider that demonstrates and the Secretary finds that the Internet service provider, insofar as the provider is engaged in the provision of broadband Internet access service:
   1. Does not engage in any of the following practices in Vermont:
      1. Blocking lawful content, applications, services, or nonharmful devices, subject to reasonable network management.
      2. Impairing or degrading lawful Internet traffic on the basis of Internet content, application, or service or the use of a nonharmful device, subject to reasonable network management.
      3. Engaging in paid prioritization, unless this prohibition is waived pursuant to subsection (c) of this section.
      4. Unreasonably interfering with or unreasonably disadvantaging either a customer's ability to select, access, and use broadband Internet access service or lawful Internet content, applications, services, or devices of the customer's choice or an edge provider's ability to make lawful content, applications, services, or devices available to a customer. Reasonable network management shall not be considered a violation of this prohibition.
      5. Engaging in deceptive or misleading marketing practices that misrepresent the treatment of Internet traffic or content to its customers.
   2. Publicly discloses to consumers accurate information regarding the network management practices, performance, and commercial terms of its broadband Internet access services sufficient for consumers to make informed choices regarding use of such services and for content, application, service, and device providers to develop, market, and maintain Internet offerings.
3. The Secretary may waive the ban on paid prioritization under subdivision (b)(1)(C) of this section only if the Internet service provider demonstrates and the Secretary finds that the practice would provide some significant public interest benefit and would not harm the open nature of the Internet in Vermont.
4. As used in this section:
   1. "Broadband Internet access service" means a mass-market retail service by wire or radio in Vermont that provides the capability to transmit data to and receive data from all or substantially all Internet endpoints, including any capabilities that are incidental to and enable the operation of the communications service, but excluding dial-up Internet access service. The term also encompasses any service in Vermont that the Secretary finds to be providing a functional equivalent of the service described in this subdivision, or that is used to evade the protections established in this chapter.
   2. "Edge provider" means any person in Vermont that provides any content, application, or service over the Internet and any person in Vermont that provides a device used for accessing any content, application, or service over the Internet.
   3. "Internet service provider" or "provider" means a business that provides broadband Internet access service to any person in Vermont.
   4. "Paid prioritization" means the management of an Internet service provider's network to favor directly or indirectly some traffic over other traffic, including through the use of techniques such as traffic shaping, prioritization, resource reservation, or other forms of preferential traffic management, either in exchange for consideration, monetary or otherwise, from a third party or to benefit an affiliated entity, or both.
   5. "Reasonable network management" means a practice that has a primarily technical network management justification but does not include other business practices and that is primarily used for and tailored to achieving a legitimate network management purpose, taking into account the particular network architecture and technology of the broadband Internet access service.
5. The terms and definitions of this section shall be interpreted broadly and any exceptions interpreted narrowly, using relevant Federal Communications Commission orders, advisory opinions, rulings, and regulations as persuasive guidance.

   Added 2017, No. 169 (Adj. Sess.), § 2.

§ 349. State contracting; Internet service.

The Secretary of Administration shall include in Administrative Bulletin 3.5 a requirement that State procurement contracts for broadband Internet access service, as defined in subdivision 348(d)(3) of this title, include terms and conditions requiring that the Internet service provider certify that it is in compliance with the consumer protection and net neutrality standards established in section 348 of this title.

Added 2017, No. 169 (Adj. Sess.), § 3.

§§ 371-385. Repealed. 1971, No. 231 (Adj. Sess.), § 5.

§§ 431-441. Repealed. 1971, No. 231 (Adj. Sess.), § 5.

§ 451. Repealed. 1971, No. 231 (Adj. Sess.), § 5.

§ 455. Definitions.

1. As used in this subchapter:
   1. "Accumulated contributions" shall mean the sum of all the amounts deducted from the compensation of a member together with any amount transferred to the account of the member established pursuant to this system from the respective account of said member under one or both of the predecessor systems, with interest thereon, as provided in section 473 of this title.
   2. "Actuarial equivalent" shall mean a benefit of equal value under the actuarial assumptions last adopted by the Retirement Board under subsection 472a(h) of this title.
   3. "Annuity" shall mean annual payments for life derived from the accumulated contributions of a member.
   4. "Average final compensation" shall mean:
      1. For a Group A and a Group F member, the average annual earnable compensation of a member during the three consecutive fiscal years beginning July 1 and ending June 30 of creditable service affording the highest average, or during all of the years of creditable service if fewer than three years. If the member's highest three years of earnable compensation are the three years prior to separation of service and the member separates prior to the end of a fiscal year, average final compensation shall be determined by adding:
         1. The actual earnable compensation earned in the fiscal year of separation through the date of separation and the service credit to correspond with the last pay date.
         2. The earnable compensation and service credit earned in the preceding two fiscal years.
         3. The remaining service credit that is needed to complete the three full years, which shall be factored from the fiscal year preceding the two fiscal years described in subdivision (ii) of this subdivision (A). The earnable compensation associated with this remaining service credit shall be calculated by multiplying the annual earnable compensation reported by the remaining service credit that is needed.
      2. For a Group C member, the average annual earnable compensation of a member during the two consecutive fiscal years beginning July 1 and ending June 30 of creditable service affording the highest such average, or during all of the years in the member's creditable service if fewer than two years. If the member's highest two years of earnable compensation are the two years prior to separation of service and the member separates prior to the end of a fiscal year, average final compensation shall be determined by adding:
         1. The actual earnable compensation earned in the fiscal year of separation through the date of separation and the service credit to correspond with the last pay date.
         2. The earnable compensation and service credit earned in the preceding fiscal year.
         3. The remaining service credit that is needed to complete the two full years, which shall be factored from the fiscal year preceding the fiscal year described in subdivision (ii) of this subdivision (B). The earnable compensation associated with this remaining service credit shall be calculated by multiplying the annual earnable compensation reported by the remaining service credit that is needed.
      3. For purposes of determining average final compensation for Group A or Group C members, a member who has accumulated unused sick leave at retirement shall be deemed to have worked the full normal working time for his or her position for 50 percent of such leave, at his or her full rate of compensation in effect at the date of his or her retirement. For purposes of determining average final compensation for Group F members, unused annual or sick leave, termination bonuses, and any other compensation for service not actually performed shall be excluded. The average final compensation for a State's Attorney and the Defender General shall be determined by the State's Attorney's or the Defender General's highest annual compensation earned during his or her creditable service.
      4. For purposes of determining average final compensation for a member who has accrued service in more than one group plan within the System, the highest consecutive years of earnings shall be based on the formulas set forth in subdivision (A) or (B) of this subdivision (4) using the earnable compensation received while a member of the System.
      5. For Group A, C, or F members who retire on or after July 1, 2012, an increase in compensable hours in any year used to calculate average final compensation that exceeds 120 percent of average compensable hours shall be excluded from that year when calculating average final compensation.
   5. "Beneficiary" shall mean any person in receipt of a pension, an annuity, a retirement allowance, or other benefit as provided by this subchapter.
   6. "Creditable service" shall mean service for which credit is allowed under section 458 of this title, plus service transferred under section 495 of this title.
   7. "Department" shall mean any department, institution, or agency of this State government.
   8. "Earnable compensation" shall mean the full rate of compensation that would be payable to an employee if the employee worked the full normal working time for the employee's position.  In cases where compensation includes maintenance, the Retirement Board shall fix the value of that part of the compensation not paid in money.
   9. "Employee" shall mean:
      1. Any regular officer or employee of the Vermont Historical Society or a department other than a person included under subdivision (B) of this subdivision (9), who is employed for not less than 40 calendar weeks in a year. "Employee" includes deputy State's Attorneys, victim advocates employed by a State's Attorney pursuant to 13 V.S.A. § 5306 , secretaries employed by a State's Attorney pursuant to 32 V.S.A. § 1185 , and other positions created within the State's Attorneys' offices that meet the eligibility requirements for membership in the Retirement System.
      2. Any regular officer or employee of the Department of Public Safety assigned to police and law enforcement duties, including the Commissioner of Public Safety appointed before July 1, 2001; but, irrespective of the member's classification, shall not include any member of the General Assembly as such, any person who is covered by the Vermont Teachers' Retirement System, any person engaged under retainer or special agreement or Group C beneficiary employed by the Department of Public Safety for not more than 208 hours per year, or any person whose principal source of income is other than State employment. In all cases of doubt, the Retirement Board shall determine whether any person is an employee as defined in this subchapter. Also included under this subdivision are employees of the Department of Liquor and Lottery who exercise law enforcement powers, employees of the Department of Fish and Wildlife assigned to law enforcement duties, motor vehicle inspectors, full-time deputy sheriffs compensated by the State of Vermont whose primary function is transports, full-time members of the Capitol Police force, investigators employed by the Criminal Division of the Office of the Attorney General, Department of State's Attorneys, Department of Health, or Office of the Secretary of State, who have attained Level III law enforcement officer certification from the Vermont Criminal Justice Council, who are required to perform law enforcement duties as the primary function of their employment, and who may be subject to mandatory retirement permissible under 29 U.S.C. § 623(j) , who are first included in membership of the system on or after July 1, 2000. Also included under this subdivision are full-time firefighters employed by the State of Vermont and the Defender General.
   10. "Medical Board" shall mean the board of physicians provided for in section 471 of this title.
   11. "Member" shall mean any employee included in the membership of the Retirement System under section 457 of this title.
       1. "Group A members" shall mean employees classified under subdivision (A) of subdivision (9) of this subsection.
       2. [Repealed.]
       3. "Group C members" shall mean employees classified under subdivision (B) of subdivision (9) of this subsection who become members as of the date of establishment, any person who is first included in the membership of the System on or after July 1, 1998, any person who was a Group B member on June 30, 1998, who was in service on that date, and any person who was a Group B member on June 30, 1998, who was absent from service on that date who returns to service on or after July 1, 1998.
       4. "Group D members" shall mean Justices of the Supreme Court, Superior judges, district judges, environmental judges, and probate judges.
       5. "Group F member" shall mean any person who is first included in the membership of the System on or after January 1, 1991, any person who was a Group E member on December 31, 1990, who was in service on that date, and any person who was a Group E member on December 31, 1990, who was absent from service on that date who returns to service on or after January 1, 1991.
   12. "Membership service" shall mean service rendered while a member of the Retirement System.
   13. "Normal retirement date" shall mean:
       1. with respect to a Group A member, the first day of the calendar month next following (i) attainment of age 65, and following completion of five years of creditable service for those members hired on or after July 1, 2004, or (ii) attainment of age 62 and completion of 20 years of creditable service, whichever is earlier;
       2. with respect to a Group C member, the first day of the calendar month next following attainment of age 55, and following completion of five years of creditable service for those members hired on or after July 1, 2004, or completion of 30 years of service, whichever is earlier;
       3. with respect to a Group D member, the first day of the calendar month next following attainment of age 62 and completion of five years of creditable service; and
       4. with respect to a Group F member, the first day of the calendar month next following attainment of age 62, and following completion of five years of creditable service for those members hired on or after July 1, 2004, or completion of 30 years of creditable service, whichever is earlier; and with respect to a Group F member first included in the membership of the system on or after July 1, 2008, the first day of the calendar month next following attainment of age 65 and following completion of five years of creditable service, or attainment of 87 points reflecting a combination of the age of the member and number of years of service, whichever is earlier.
   14. "Pension" shall mean annual payments for life derived from contributions by the State.
   15. "Predecessor system" shall mean, where applicable, the Vermont Employees' Retirement System and the Vermont State Police and Motor Vehicle Inspectors' Retirement System, either one of them, or a combination thereof.
   16. "Prior service" shall mean service rendered prior to the date of membership in the Retirement System for which credit was given under the terms of one or both of the predecessor systems as set forth in section 458 of this title.
   17. "Regular interest" shall mean interest at such rate or rates as may be set from time to time by the Retirement Board in accordance with subsection 472(b) of this title.
   18. "Retirement allowance" or "maximum allowance" shall mean the sum of the annuity and the pension. All retirement allowances shall be payable in equal monthly installments except that when the retirement allowance is less than $20.00 per month it shall be payable on such basis as the Board may direct.
   19. "Retirement Board" or "Board" shall mean the board provided for in section 471 of this title to administer the Retirement System.
   20. "Retirement System" shall mean the Vermont State Retirement System as defined in section 456 of this title.
   21. "Service" shall mean service as an employee for which compensation is paid by the State.
   22. "Social Security benefit" shall mean the amount of the member's primary insurance benefit or disability insurance benefit under Title II of the Social Security Act and such other benefit or benefits as may be payable on the member's account under said title, computed on the basis of such act as in effect at the time of retirement and limited to the portion of such benefit or benefits which is attributable to service for which the member receives credit under section 458 of this title, to which a member or other person on his or her account is or would upon proper application be entitled, irrespective of earnings the member or members may be receiving in excess of any limit on earnings for full entitlement to such benefit or benefits.
   23. "Survivor's insurance benefit" shall mean the amount paid or payable under Title II of the Social Security Act, computed on the basis of such act as in effect at the time of the member's death and limited to the portion of such amount which is attributable to service for which he or she receives credit under section 458 of this title, to any person or persons on account of the death of a member, even though such amount or any part thereof is not actually received by such person because of his or her failure to make proper application therefor, or because of his or her receipt of earnings which would make him or her ineligible for such benefit.
   24. "Committee" shall mean the Vermont Pension Investment Committee.
   25. "Fund" or "Vermont State Retirement Fund" shall mean the fund created by section 473 of this title, which shall contain the assets of the Retirement System and from which shall be paid the benefits due to beneficiaries and the expenses of the Retirement System.
   26. "Average compensable hours" shall mean average annual compensable hours for a period of five full years immediately preceding the years used to determine average final compensation for any member who terminates his or her position after July 1, 2002. If a member's compensable hours in any year used to calculate average final compensation exceeds 120 percent of average compensable hours, the compensation for hours worked in excess of 120 percent shall be excluded from average final compensation for that particular year. Average compensable hours form the benchmark to preclude abuses by implementing a 20-percent limit on increases in compensable hours in any year used to calculate average final compensation.
   27. "Compensable hours" shall mean all hours worked during a fiscal year and shall include the following types of paid time: regular hours worked, overtime hours worked, and paid leave.
   28. "Successor in interest" means the mental health hospital owned and operated by the State that provides acute inpatient care and replaces the Vermont State Hospital.
2. [Repealed.]

   Added 1971, No. 231 (Adj. Sess.), § 4; amended 1973, No. 37 , § 1; 1977, No. 153 (Adj. Sess.), § 1; No. 222 (Adj. Sess.), § 3, eff. July 2, 1978; 1981, No. 41 , §§ 1-3; 1987, No. 121 , § 14; 1989, No. 78 , §§ 1, 3, 10; 1989, No. 277 (Adj. Sess.), §§ 17d-17f, eff. Jan. 1, 1991; 1997, No. 68 (Adj. Sess.), § 3, eff. March 1, 1998; No. 89 (Adj. Sess.), § 2; 1999, No. 158 (Adj. Sess.), § 22; 2001, No. 57 , § 1; 2001, No. 116 (Adj. Sess.), § 5, eff. May 28, 2002; 2003, No. 66 , § 302a, eff. July 1, 2004; 2003, No. 115 (Adj. Sess.), § 1; No. 122 (Adj. Sess.), § 297; 2005, No. 50 , § 3; 2005, No. 165 (Adj. Sess.), § 1; 2007, No. 13 , § 1; No. 47, § 13; 2007, No. 116 (Adj. Sess.), § 1; No. 137 (Adj. Sess.), § 1; No. 146 (Adj. Sess.), § 3; 2009, No. 139 (Adj. Sess.), §§ 1, 2, 13(a); 2011, No. 79 (Adj. Sess.), § 11, eff. April 4, 2012; 2013, No. 22 , § 1; 2013, No. 115 (Adj. Sess.), § 1; 2013, No. 141 (Adj. Sess.), § 12, eff. July 1, 2015; 2015, No. 58 , § E.203.2; 2015, No. 97 (Adj. Sess.), § 3; 2017, No. 81 , § 1, eff. June 15, 2017; 2017, No. 165 (Adj. Sess.), § 1; 2019, No. 73 , § 19; 2019, No. 131 (Adj. Sess.), § 1.

§ 456. Name and date of establishment.

The date of establishment of the Retirement System shall be July 1, 1972. The System shall be known as the "Vermont State Retirement System," and by such name all of its business shall be transacted, all of its funds invested, and all of its cash and securities and other property held in trust for the purpose for which received.

Added 1971, No. 231 (Adj. Sess.), § 4.

§ 457. Members.

1. Any person who was a member of either of the predecessor systems immediately preceding the date of establishment shall become a member of the Retirement System as of the date of establishment.
2. Any person who became an employee within the three-year period prior to the date of establishment, but did not become a member of the Vermont Employees' Retirement System because he or she had not completed three consecutive years of service prior to the date of establishment, shall become a member as a condition of employment upon his or her completion of three consecutive years of service.
3. Any person who becomes an employee after the date of establishment shall become a member as a condition of employment (1) upon the completion of three consecutive years of service in the case of those employees classified under subdivision 455(a)(9)(A) of this title hired prior to July 1, 1978; and (2) upon employment in the case of those employees classified under (B) of subdivision (a)(9), and upon employment in the case of those employees classified under subdivision 455(a)(9)(A) hired on or after July 1, 1978 except employees hired in a temporary capacity.  No person shall join the system as a Group E member after December 31, 1990.
4. Should any Group A, C, D, or F member who has less than five years of creditable service in any period of five consecutive years after last becoming a member be absent from service more than three years or should he or she withdraw his or her contributions, or become a beneficiary or die, he or she shall thereupon cease to be a member. However, the membership of any employee entering such classes of military or naval service of the United States as may be approved by resolution of the Retirement Board, shall be continued during such military or naval service if he or she does not withdraw his or her contributions, but no such member shall be considered in the service of the State for the purpose of the Retirement System during such military or naval service, except as provided in subsection 458(e) of this title.
5. For purposes of benefits available under this chapter, former county court employees hired by the counties to court positions on or before June 30, 2008 who became State employees on February 1, 2011 pursuant to 2010 Acts and Resolves No. 154 shall be deemed to have been first included in membership of the system on or before June 30, 2008.

   Added 1971, No. 231 (Adj. Sess.), § 4; amended 1977, No. 153 (Adj. Sess.), § 2; 1981, No. 41 , § 4; 1989, No. 277 (Adj. Sess.), § 17g, eff. Jan. 1, 1991; 1997, No. 89 (Adj. Sess.), § 3; 2011, No. 63 , § H.7; 2017, No. 165 (Adj. Sess.), § 2.

§ 458. Creditable service; military service.

1. With respect to service rendered prior to the date of membership, each employee who, pursuant to subsection 457(a) of this title, became a member of the retirement system shall have included as prior service hereunder all service credited to him or her as creditable service under the terms of one or both of the predecessor systems, provided his or her membership continues unbroken until his or her retirement.
2. All service of a group A, group C, group D, or group F member since he or she last became a member on account of which contributions are made shall be credited as membership service.
3. The Retirement Board shall fix and determine by appropriate rules and regulations how much service in any year is equivalent to one year of service, but in no case shall it allow credit for a period of absence without pay of more than a month's duration, except as provided under subsection (e) of this section, nor shall more than one year of service be creditable for all service in one calendar year.  Service rendered for the full normal working time in any year shall be equivalent to one year's service, but in no case shall less than 40 calendar weeks be regarded as full normal working time.
4. Creditable service of a member shall consist of his or her membership service and the prior service, if any, which is credited to him or her under subsection (a) of this section, plus, in the case of a group A member hired prior to July 1, 1978, three years and in the case of a group F member, up to three years of the period served as a State employee prior to 1978 for which the member received no credit provided that the employee served continuously since 1978 until retirement. Creditable service shall also include service as an exempt employee for any period or periods of less than three years prior to 1978, whether or not continuous.
5. Credit shall also be granted for any period of absence from service certified by the commissioner of the member's department, or if the office of the member is not overseen by a commissioner, then the head of the member's department, due to any class of military service approved by the Retirement Board, provided the employee returns to the service of the State within 90 days after having become discharged or separated from such military service, as if such service had been service as an employee of the State. The earnable compensation of the employee at the time of entering such military service shall be deemed to be the earnable compensation for the period of such service.
6. Should an employee whose membership is broken again become a member, he or she shall enter the System as a member not entitled to credit for service previously rendered, except as provided in this section or section 463 of this title.
7. Any member may transfer from a position covered by one group to a position covered by a different group as defined in section 455 of this title and shall be entitled to credit for service rendered in all groups within the System.  Benefits shall be based on the accrued value of the credits in the group in which the creditable service was earned and shall be payable according to the provisions of each group, unless the member elects to withdraw his or her contributions in accordance with section 480 of this title.  Such benefits shall only be subject to such maximum amounts as are provided for each group and may be combined to exceed 50 percent of average final compensation.
8. Credit shall also be granted for any period of absence from service in connection with a leave of absence, approved by the commissioner of the member's department, for professional study. If the office of the member is not overseen by a commissioner, then the head of the member's department shall have the authority to approve a leave of absence for professional study. In the case of an approved leave of absence for purposes other than for professional study, service credit shall be granted upon a contribution by the member which equals the member's current contribution rate multiplied by the member's earnable compensation for the year preceding the leave of absence.
9. Credit shall also be granted for any period of absence from service in connection with an approved workers' compensation claim as a result of a work-related injury, provided the employee provides evidence of the period covered by the approved workers' compensation claim upon return to active service. The earnable compensation of the employee at the time of entering the period of the absence from service resulting from an approved workers' compensation claim or the wages plus all other wage replacement compensation received while on the approved period of absence, whichever provides for the highest total compensation, shall be deemed to be the earnable compensation for the period of service. The total compensation under this subsection shall not exceed what the earnable compensation would have been had the member not been injured.

   Added 1971, No. 231 (Adj. Sess.), § 4; amended 1977, No. 153 (Adj. Sess.), § 3; 1981, No. 41 , § 5; 1981, No. 108 , § 330a; 1985, No. 39 , § 1; 1989, No. 78 , § 12; 1989, No. 277 (Adj. Sess.), § 17h, eff. Jan. 1, 1991; 1997, No. 68 (Adj. Sess.), § 9, eff. March 1, 1998; 1997, No. 89 (Adj. Sess.), § 4; 1999, No. 158 (Adj. Sess.), § 6; 2001, No. 29 , § 1; 2007, No. 13 , § 2.