The Vermont Statutes Online

Title 3: Executive

Chapter 047: Commerce and Community Development

• Subchapter 001: GENERALLY

• § 2401. Definitions

  In this chapter the following words mean:

  (1) Agency: The Agency of Commerce and Community Development.

  (2) Department: A major component of the Agency.

  (3) Director: The head of a division of the Agency.

  (4) Division: A major component of a department engaged in furnishing services to the public or to units of government at levels other than the State level.

  (5) Commissioner: The head of a department responsible to the Secretary for the administration of the department.

  (6) Secretary: The head of the Agency, a member of the Governor’s cabinet and responsible to the Governor for the administration of the Agency. (1969, No. 271 (Adj. Sess.), § 1, eff. Jan. 10, 1971; amended 1995, No. 190 (Adj. Sess.), § 1(a).)

• § 2402. Commerce and Community Development

  (a) An Agency of Commerce and Community Development is created consisting of the following:

  (1) The Department of Economic Development.

  (2) The Department of Housing and Community Development.

  (3) The Division for Historic Preservation.

  (4) [Repealed.]

  (5) The Department of Tourism and Marketing.

  (6) The Vermont Center for Geographic Information.

  (b) The Agency shall contain an Administrative Support Division.

  (c), (d) [Repealed.]

  (e) Units attached to the Agency for administrative support shall receive, and shall use, the services provided by the Administrative Services Division of the Agency under section 2474 of this title. (Added 1969, No. 271 (Adj. Sess.), § 2, eff. Jan. 10, 1971; amended 1973, No. 267 (Adj. Sess.), § 8; 1975, No. 109, § 1; 1991, No. 145 (Adj. Sess.), § 1; 1995, No. 46, § 24; 1995, No. 190 (Adj. Sess.), §§ 1(a), 1(c); 2013, No. 179 (Adj. Sess.), § E.800.3; 2023, No. 3, § 60, eff. March 20, 2023.)

• § 2403. Advisory capacity

  All boards and commissions which under this chapter are a part of or are attached to the Agency shall be advisory only, except as hereinafter provided, and the powers and duties of the boards and commissions, including administrative, policy making, and regulatory functions, shall vest in and be exercised by the Secretary of the Agency. Boards of registration attached to this Agency shall retain and exercise all existing authority with respect to licensing of the persons registered or applying for registration. (Added 1969, No. 271 (Adj. Sess.), § 3, eff. Jan. 10, 1971.)

• § 2404. Personnel designation

  The Secretary, Deputy Secretary, Commissioner, Deputy Commissioner, attorneys, and all members of boards, committees, commissions, or councils attached to the Department for support are exempt from the classified state service. Except as authorized by section 311 of this title or otherwise by laws, all other positions shall be within the classified service. (Added 1969, No. 271 (Adj. Sess.), § 6(b), eff. Jan. 10, 1971; amended 1993, No. 227 (Adj. Sess.), § 11.)

• Subchapter 002: SECRETARY

• § 2421. Appointment and salary

  (a) The Agency shall be under the direction and supervision of a Secretary, who shall be appointed by the Governor with the advice and consent of the Senate and shall serve at the pleasure of the Governor.

  (b) [Repealed.] (Added 1969, No. 271 (Adj. Sess.), § 4(a), (c), eff. Jan. 10, 1971; amended 1971, No. 191 (Adj. Sess.), § 16.)

• § 2422. Budget and report

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

• § 2423. Deputy Secretary

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

  (b) The Deputy Secretary shall discharge the duties and responsibilities of the Secretary in the Secretary’s absence. In case a vacancy occurs in the Office of the Secretary the Deputy shall assume and discharge the duties of the office until the vacancy is filled. (Added 1969, No. 271 (Adj. Sess.), § 4(d), eff. Jan. 10, 1971; amended 1989, No. 67, § 20.)

• § 2424. Advisory councils or committees

  The Secretary, with the approval of the Governor, may create such advisory councils or committees as he or she deems necessary within the Agency, and appoint members thereto for terms not exceeding his or hers. (Added 1969, No. 271 (Adj. Sess.), § 4(g), eff. Jan. 10, 1971.)

• § 2425. Transfer of personnel and appropriations

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

  (b) The Secretary, with the approval of the Governor, may transfer appropriations or parts thereof between departments and other components in the Agency, consistent with the purposes for which the appropriation was made. (Added 1969, No. 271 (Adj. Sess.), § 4(e), (f), eff. Jan. 10, 1971.)

• Subchapter 003: COMMISSIONERS AND DIRECTORS

• § 2451. Commissioners—Appointment; term

  The Secretary, with the approval of the Governor, shall appoint a commissioner of each department, who shall be the chief executive and administrative officer and head of the department and shall serve at the pleasure of the Secretary. (Added 1969, No. 271 (Adj. Sess.), § 5(a), eff. Jan. 10, 1971.)

• § 2452. Mandatory duties

  (a) The commissioner shall determine the policies of the department, and may exercise the powers and shall perform the duties required for its effective administration.

  (b) In addition to other duties imposed by law, the commissioner shall:

  (1) administer the laws assigned to the department;

  (2) coordinate and integrate the work of the divisions;

  (3) supervise and control all staff functions. (Added 1969, No. 271 (Adj. Sess.), § 5(b), (c), eff. Jan. 10, 1971.)

• § 2453. Permissive duties; approval of Secretary

  The commissioner may, with the approval of the Secretary:

  (1) Transfer appropriations or parts thereof within or between divisions and branches, consistent with the purposes for which the appropriation was made.

  (2) Transfer classified positions within or between divisions subject only to State personnel laws and regulations.

  (3) Cooperate with the appropriate federal agencies and administer federal funds in support of programs within the department.

  (4) Submit plans and reports, and in other respects comply with federal law and regulations which pertain to programs administered by the department.

  (5) Make regulations consistent with law for the internal administration of the department and its programs.

  (6) Appoint a deputy commissioner.

  (7) Create such advisory councils or committees as he or she deems necessary within the department, and appoint their members, for a term not exceeding his or hers.

  (8) Provide training and instruction for any employees of the department, at the expense of the department, in educational institutions or other places.

  (9) Organize, reorganize, transfer, or abolish divisions, staff function sections within the department. This authority shall not extend to divisions or other bodies created by law. (Added 1969, No. 271 (Adj. Sess.), § 5(d), eff. Jan. 10, 1971.)

• § 2454. Directors

  (a) A director shall administer each division created within the department. The commissioners, with the approval of the Secretary, shall appoint the directors for divisions which are part of a department, and the Secretary shall appoint any other directors. All directors shall be appointed subject to section 12 of this act.

  (b) Each division and its officers shall be under the direction and control of the appointing authority, except with regard to judicial or quasi-judicial acts or duties vested in them by law.

  (c) No rule or regulation may be issued by a director of a division without the approval of the appointing authority. (Added 1969, No. 271 (Adj. Sess.), § 6(a), (c), (d), eff. Jan. 10, 1971.)

• Subchapter 004: DEPARTMENTS, DIVISIONS, AND BOARDS

• § 2471. Department of Economic Development

  The Department of Economic Development is created within the Agency of Commerce and Community Development as the successor to and the continuation of the Department of Development. (Added 1969, No. 271 (Adj. Sess.), § 7, eff. Jan. 10, 1971; amended 1991, No. 145 (Adj. Sess.), § 2; 1995, No. 190 (Adj. Sess.), § 1(a).)

• § 2471a. The Vermont Business Registry

  (a) The Department of Economic Development shall develop and maintain a Vermont Business Registry. The Registry shall develop a comprehensive database of information on Vermont businesses, including information on industrial classification, size (including employment size and annual revenues), ownership characteristics (including type of business entity, gender, race, nationality, incidence of low- and moderate-income ownership, and percent of the ownership with such characteristics), location, and export data. In developing the Registry, the Department shall affirmatively conduct outreach and request, but not require, information from all Vermont businesses.

  (b) The Department shall design the Registry so that it is easily accessible to persons seeking information about Vermont businesses and to instrumentalities involved in Vermont’s economic development efforts, including the Vermont Economic Development Authority, Job Start, Vermont’s financial institutions, the regional development corporations, and the small business development centers. Such instrumentalities may use the Registry to ensure that they are providing a fair share of technical and financial assistance to the Vermont businesses that comprise their target market. Such instrumentalities may use the Registry’s demographic information to evaluate the appropriate types and distribution of public and private economic development services to Vermont businesses. (Added 1993, No. 89, § 19.)

• § 2471b. Government Marketing Assistance Center

  (a) The Department of Economic Development shall create and administer a Government Marketing Assistance Center. The purpose of this Center shall be to provide information on federal, State, and municipal government contract opportunities and assistance on how to bid competitively for government contracts and to develop and maintain a database of federal, State, and municipal contracts.

  (b) The Department of Economic Development may charge an annual fee of up to $50.00 from each person who accesses the Government Marketing Assistance Center database of federal, State, and local contracts.

  (c) Fees collected under this section shall be credited to a special fund and shall be available to the Department of Economic Development for the purposes of maintaining databases that provide information to Vermont businesses and providing services associated with those databases. (Added 2003, No. 70 (Adj. Sess.), § 27, eff. March 1, 2004.)

• § 2471c. Repealed. 2015, No. 58, § E.802, effective June 11, 2015.

• § 2471d. Repealed. 2019, No. 61, § 11.

• § 2472. Department of Housing and Community Development

  (a) The Department of Housing and Community Development is created within the Agency of Commerce and Community Development. The Department shall:

  (1) Be the central State agency to coordinate, consolidate, and operate, to the extent possible, all housing programs enacted hereafter by the General Assembly or created by executive order of the Governor.

  (2) Be the central State agency for local and regional planning and coordination.

  (3) Administer the Community Development Block Grant Program pursuant to 10 V.S.A. chapter 29. When awarding municipal planning grants prior to fiscal year 2012, the Department shall give priority to grants for downtowns, new town centers, growth centers, and Vermont neighborhoods.

  (4) In partnership with the Division for Historic Preservation, direct, supervise, and administer the Vermont Downtown Program, and any other program designed to preserve the continued economic vitality of the State’s traditional commercial districts.

  (5) In conjunction with the Vermont Housing Finance Agency, annually publish data and information to enable the public to determine income levels and costs for owner-occupied and rental housing to qualify as affordable housing, as defined in 24 V.S.A. § 4303 and 10 V.S.A. § 6001(29), including:

  (A) the median income for each Vermont county, as defined by the U.S. Department of Housing and Urban Development;

  (B) the standard metropolitan statistical area median income for each municipality located in such an area, as defined by the U.S. Department of Housing and Urban Development; and

  (C) the statewide median income, as defined by the U.S. Department of Housing and Urban Development.

  (b) Neither the Vermont State Housing Authority or the Vermont Housing Finance Agency shall be considered part of the Department, but shall keep the Department advised of programs and activities being conducted. (Added 1969, No. 271 (Adj. Sess.), § 8, eff. Jan. 10, 1971; amended 1991, No. 145 (Adj. Sess.), § 3; 1995, No. 46, § 25; 1995, No. 190 (Adj. Sess.), § 1(a); 2007, No. 176 (Adj. Sess.), § 22a, eff. May 28, 2008; 2015, No. 51, § D.2; 2017, No. 69, § H.7, eff. June 28, 2017.)

• § 2472a. Historic site markers program

  A program for the erection of historic site markers is created within the Agency of Commerce and Community Development and shall be administered by the State Historic Preservation Officer. The Preservation Officer shall oversee the erection, restoration, and maintenance of historic site markers. In performing these duties, the Preservation Officer shall consult with the Vermont Historical Society, the University of Vermont Historic Preservation Program, the Preservation Trust of Vermont, and other similar entities. (Added 1995, No. 185 (Adj. Sess.), § 4a, eff. May 22, 1996; amended 2009, No. 33, § 8.)

• § 2473. Division for Historic Preservation

  The Division for Historic Preservation is created within the Department of Housing and Community Development as the successor to and the continuation of the Board of Historic Sites and the Division of Historic Sites. (Added 1969, No. 271 (Adj. Sess.), § 9, eff. Jan. 10, 1971; amended 1975, No. 109, § 2; 1995, No. 190 (Adj. Sess.), § 3; 2015, No. 51, § D.2; 2017, No. 113 (Adj. Sess.), § 4.)

• § 2473a. Repealed. 2023, No. 3, § 61, eff. March 20, 2023.

  (Added 1991, No. 145 (Adj. Sess.), § 4; amended 1995, No. 46, § 26; 1995, No. 190 (Adj. Sess.), § 6; 2007, No. 11, § 1, eff. April 26, 2007; 2007, No. 121 (Adj. Sess.), § 1; 2011, No. 139 (Adj. Sess.), § 3, eff. May 14, 2012; 2011, No. 162 (Adj. Sess.), § E.806.)

• § 2474. Administrative Services Division

  (a) The Administrative Services Division of the Agency is created. It shall be administered by a Director of Administrative Services who shall be in the classified service.

  (b) The Administrative Services Division shall provide the following services to the Agency and all its components, including components assigned to it for administration:

  (1) personnel administration;

  (2) finance and accounting;

  (3) coordination of filing and records maintenance activities;

  (4) provision of facilities, office space, and equipment and the care thereof;

  (5) requisitioning from the Department of Buildings and General Services of the Agency of Administration, of supplies, equipment, and other requirements;

  (6) management improvement services; and

  (7) other administrative service functions as may be assigned to it by the Secretary.

  (c) Other provisions of law notwithstanding, all administrative service functions delegated to other components of the Agency shall be performed within the Agency by the Administrative Services Division. (Added 1969, No. 271 (Adj. Sess.), § 10, eff. Jan. 10, 1971; amended 1995, No. 148 (Adj. Sess.), § 4(a), eff. May 6, 1996.)

• § 2475. Vermont Center for Geographic Information

  The Vermont Center for Geographic Information is created as a division within the Agency of Commerce and Community Development and shall be administered and have the duties as set forth in 10 V.S.A. chapter 8 (geographic information). (Added 2013, No. 179 (Adj. Sess.), § E.800.4.)

• § 2476. Department of Tourism and Marketing

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

  (b) Tourism marketing. The Department shall be responsible for the promotion of Vermont’s travel, recreation, and cultural attractions through advertising and other informational programs, and for provision of travel and recreation information and services to visitors to the State, in coordination with other agencies of State government, chambers of commerce and travel associations, and the private sector in order to increase the benefits of tourism marketing, including:

  (1) enhancing Vermont’s image as a tourist destination in the regional, national, and global marketplace;

  (2) increasing occupancy rates;

  (3) increasing visitor spending throughout the State; and

  (4) increasing State revenues generated through the rooms and meals tax.

  (c) Economic development marketing. The Department shall be responsible for the promotion of Vermont as great place to live, work, and do business in order to increase the benefits of economic development marketing, including:

  (1) attracting additional private investment in Vermont businesses;

  (2) recruiting new businesses;

  (3) attracting more innovators and entrepreneurs to locate in Vermont;

  (4) attracting, recruiting, and growing the workforce to fill existing vacancies in growing businesses; and

  (5) promoting and supporting Vermont businesses, goods, and services.

  (d) On and after July 1, 1997, all departments engaging in marketing activities shall submit to and coordinate marketing plans with the Commissioner.

  (e) The Department may conduct direct marketing activities pursuant to this chapter or 10 V.S.A. chapter 27, and shall work to increase marketing activities conducted in partnership with one or more private sector partners to maximize State marketing resources and to enable Vermont businesses to align their own brand identities with the Vermont brand, enhancing the reputations of both the business and the State.

  (f) Building on established, successful collaboration with private partners in travel and tourism, agriculture, and other industry sectors, the Department shall have the authority to extend its marketing and promotional resources to include partners in the arts and humanities, as well as other partners that depend on tourism for a significant part of their annual revenue.

  (g) The Department shall expand its outreach and information-gathering procedures to allow Vermont businesses and other interested stakeholders to comment on the design and implementation of its tourism marketing and economic development marketing initiatives and also to provide ongoing feedback to the Department on the effectiveness of its initiatives. (Added 1987, No. 83, § 4; amended 1991, No. 145 (Adj. Sess.), § 5; 1995, No. 186 (Adj. Sess.), § 24, eff. May 22, 1996; 1995, No. 190 (Adj. Sess.), § 5; 1999, No. 152 (Adj. Sess.), § 215b, eff. May 29, 2000; 2007, No. 153 (Adj. Sess.), § 23; 2009, No. 33, § 83; 2009, No. 146 (Adj. Sess.), § G22, eff. June 1, 2010; 2015, No. 51, § D.2.)

• § 2477. Rental Housing Advisory Board

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

  (A) three members representing landlords, one of whom is a for-profit landlord and one of whom represents a nonprofit housing provider;

  (B) three members representing tenants;

  (C) three members representing municipalities; and

  (D) two members of the public.

  (2) A member shall serve a term of three years.

  (3) The Board shall annually elect a chair from among its members.

  (4) A majority of the Board shall constitute a quorum for transacting business.

  (5) The Board shall take action by a majority vote of the members present and voting.

  (b) The Board shall be staffed by the Department, which, along with the Departments of Health and of Public Safety, shall provide support to the Board as required.

  (c) The Board shall have the following powers and duties:

  (1) to act as an advisory group to the Governor, General Assembly, and appropriate State agencies on issues related to rental housing statutes, policies, and regulations;

  (2) to report regularly to the Vermont Housing Council on its deliberations and recommendations;

  (3) to work with appropriate State agencies on developing adequate data on the location and condition of Vermont’s rental housing stock;

  (4) to provide guidance to the State on the implementation of programs, policies, and regulations better to support decent, safe, and sanitary housing, including recommendations for incentives and programs to assist landlords with building repairs;

  (5) to provide information to community partners, municipalities, landlords, and tenants, including educational materials on applicable rental housing statutes, regulations, and ordinances; and

  (6) in preparation for a natural disaster, to collect information regarding available resources, disaster-related information, and community needs, and, in the event of a natural disaster, work with government authorities in charge of disaster response and communication. (Added 2017, No. 188 (Adj. Sess.), § 1, eff. May 28, 2018.)

• Subchapter 005: MARKET VERMONT

• § 2501. Definitions

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

• § 2502. Market Vermont Program

  The Market Vermont Program is hereby created. It shall be directed jointly by the Secretary of Agriculture, Food and Markets and by the Secretary of Commerce and Community Development. Notwithstanding 3 V.S.A. chapters 13 and 14 or any other contrary provision of law, the Secretary of Agriculture, Food and Markets and the Secretary of Commerce and Community Development shall have the authority to enter into one or more written contracts with persons or entities for the administration of the Program. Any such contract shall provide for the sufficient oversight, review, and control by the Secretary of Agriculture, Food and Markets and by the Secretary of Commerce and Community Development, or their designees, to ensure that the Program purposes are achieved. Where they deem it appropriate, the Secretary of Agriculture, Food and Markets and the Secretary of Commerce and Community Development may enter into a memorandum of understanding concerning the operation of the Program or concerning the contracting with persons or entities for the administration of the Program. The Secretary of Agriculture, Food and Markets and the Secretary of Commerce and Community Development issue rules to carry out the purposes of this subchapter. (Added 1991, No. 182 (Adj. Sess.), § 1; 2001, No. 63, § 224a.)

• § 2503. Repealed. 2009, No. 135 (Adj. Sess.), § 26(2)(C).

• § 2504. Market Vermont logo

  (a) The Secretary of Agriculture, Food and Markets and the Secretary of Commerce and Community Development shall develop categories and standards designed to identify those Vermont goods, services, and experiences which best portray and promote Vermont’s reputation for high standards of quality.

  (b) The Secretary of Agriculture, Food and Markets and the Secretary of Commerce and Community Development shall develop an identification label or labels which may be used to identify Vermont goods, services, and experiences as quality Vermont products. Any logo developed pursuant to this section shall be filed with the Secretary of State who shall register the logo as a trademark pursuant to 9 V.S.A. chapter 71, subchapter 1. The logo shall remain a registered trademark of the program until it is withdrawn by the Secretary of Agriculture, Food and Markets and the Secretary of Commerce and Community Development.

  (c) Persons wishing to apply for the identification logo shall be provided with application forms by the Secretary of Agriculture, Food and Markets or the Secretary of Commerce and Community Development. The Secretary of Agriculture, Food and Markets and the Secretary of Commerce and Community Development shall establish a process for reviewing the applications to determine if the applicant meets the standards established for that particular category of goods, services, or experiences. No person participating in the process may be held liable for any decision or recommendation made about the granting or denial of the use of the market Vermont logo. In the event that an application is rejected, the applicant may request that the Secretary of Agriculture, Food and Markets and the Secretary of Commerce and Community Development reconsider. If the application is again denied, the decision shall be final, unless the applicant can demonstrate that the goods, service, or experience has been altered in order to bring it in line with the standards established for that product.

  (d) The Secretary of Agriculture, Food and Markets and the Secretary of Commerce and Community Development may require periodic reapplication for the use of the market Vermont logo and may revoke the right of any person to use the market Vermont logo any time they determine a product does not meet the standards established for that type of goods, service, or experience. There shall be no right to a hearing on such a decision, unless such a right is established by rule.

  (e) [Repealed.]

  (f) The Secretary of Commerce and Community Development may require an annual fee not to exceed $150.00 per product line enrolled in the program, which shall be based upon the actual costs to the agencies, to be paid by persons participating in the program, and to be applied toward administration and promotion of the program. (Added 1991, No. 182 (Adj. Sess.), § 1; amended 1997, No. 59, § 30, eff. June 30, 1997; 2003, No. 70 (Adj. Sess.), § 28, eff. March 1, 2004; 2009, No. 135 (Adj. Sess.), § 1; 2013, No. 72, § 15; 2013, No. 191 (Adj. Sess.), § 4.)

• § 2505. Market Vermont Fund

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

  (b) The special fund created by subsection (a) of this section shall be organized and managed pursuant to 32 V.S.A. chapter 7, subchapter 5. (Added 1991, No. 182 (Adj. Sess.), § 1; amended 1997, No. 59, § 31, eff. June 30, 1997.)

• § 2506. Penalties

  Any person who uses the Market Vermont logo without authority, after it has been filed with the Secretary of State in accordance with section 2504 of this title, shall be deemed to have committed an unfair or deceptive act or practice within the meaning of 9 V.S.A. § 2453 and shall be subject to the penalties and injunctive authority provided in 9 V.S.A. chapter 63. (Added 1991, No. 182 (Adj. Sess.), § 1.)

• Subchapter 006: RECAPTURE OF DEVELOPMENT INCENTIVES

• § 2510. Findings

  The General Assembly finds that a number of programs and tax credits have been established which encourage the development of businesses and jobs in the State of Vermont. The General Assembly also finds that some beneficiaries leave this State before the State derives any benefit from the assistance. Therefore, it is the public policy of the State of Vermont to recapture any benefits that it has granted to any business if, within a qualified period after the benefit was bestowed, that business decides to leave the State or to otherwise curtail its activity to a point lower than represented when the benefit was granted. (Added 1993, No. 221 (Adj. Sess.), § 10.)

• § 2511. Definitions

  As used in this subchapter:

  (1) “Benefit” means any abatement, loan, or grant awarded to the business as enumerated in subdivision (2) of this section.

  (2) “Business” means any individual, partnership, corporation, or other entity that has been granted a tax abatement pursuant to the provisions of Title 24, or has been granted a loan or a grant by any board, commission, or program established under the provisions of Title 10 or 24, or under the provisions of this title.

  (3) “Commissioner” means the Commissioner of Taxes.

  (4) “Qualified period” means a period of five years after the initial grant of a benefit or a time period set forth in any agreement executed by the State subsequent to the effective date of this subchapter. (Added 1993, No. 221 (Adj. Sess.), § 10.)

• § 2512. Notice

  (a) A business shall notify the agency or department which granted the benefit in writing within 60 days after the business closes or substantially curtails the operation of the trade or business within the qualified period.

  (b) A business shall be considered to be substantially curtailed when the average number of full-time equivalent employees in any one calendar year is less than 50 percent of the highest average number of full-time equivalent employees in any prior year in the qualified period.

  (c) A business shall not be considered to be substantially curtailed or closed when that business has relocated to another location within the State of Vermont or been sold but is still located within the State, provided that the employment test of subsection (b) of this section is met. (Added 1993, No. 221 (Adj. Sess.), § 10.)

• § 2513. Action on notice

  (a) The agency or department shall notify the Commissioner of the amount of the benefit conferred to the business over the qualified period.

  (b) The Commissioner shall:

  (1) assess such amount of benefit conferred against the business or the successors in interest to that business; and

  (2) notify the business or successor in interest of the assessment by certified mail within 30 days of receiving notice pursuant to subsection (a) of this section.

  (c) The agency or department which granted the benefit shall:

  (1) Provide a hearing within 30 days, if one is requested by the business within 15 days of assessment by the Commissioner. An aggrieved business may within 30 days appeal a determination by the agency or department to the Washington Superior Court or the Superior Court of the county of the place of business.

  (2) Have the discretion to reduce the amount of the benefit which it requests the Commissioner to assess, upon showing of good cause.

  (d)(1) A business shall pay an assessment within 90 days of the date of assessment or 30 days after the final decision of the agency, department, or court as a result of a hearing pursuant to this subchapter.

  (2) Assessments under this subsection shall bear interest from the date of assessment at the rate determined under 32 V.S.A. § 3108. (Added 1993, No. 221 (Adj. Sess.), § 10.)

• § 2514. Enforcement

  (a) Any assessment made pursuant to this subchapter shall be a debt against the business, or the successors in interest who are not bona fide purchasers as that term is defined under the Uniform Commercial Code, 9A V.S.A., or the principles of the business, or the applicants who applied for the benefit, or the promisors or guarantors who acted as accommodation parties to facilitate the benefit.

  (b) The Commissioner may file a security interest against the property of the business or person liable under subsection (a) of this section.

  (c) The Commissioner may bring a civil action in Washington County Superior Court against any business or person set forth in subsection (a) of this section who fails to make payment by the date set forth in section 2513 of this title and may seek from the court penalties of no more than $10,000.00 if that business or person set forth in subsection (a) of this section has failed to provide the notice required under section 2512 of this title. (Added 1993, No. 221 (Adj. Sess.), § 10.)

• § 2515. Failure to give notice

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

• § 2516. Contract provisions

  All contracts or grant awards conferring benefits to businesses after the effective date of this subchapter shall contain a provision notifying the business of the recapture provisions provided in this section and the qualified period for that business under that contract. (Added 1993, No. 221 (Adj. Sess.), § 10.)