§ 901a. Accessibility and confidentiality of licensing and disciplinary matters
(a) It is the purpose of this section to protect the reputation, security practices, and
trade secrets of licensees from undue public disclosure while securing the public’s
right to know of government licensing actions relevant to the public health, safety,
and welfare.
(b) All meetings and hearings of the Board shall be subject to the Vermont Open Meeting
Law.
(c) The following shall be exempt from public inspection and copying under the Public
Records Act and shall be kept confidential:
(1) records related to licensee security, safety, transportation, or trade secrets, including
information provided in an operating plan pursuant to subdivision 881(a)(1)(B) of this title; and
(2) records related to complaints, investigations, or proceedings, except as provided
in subsection (d) of this section.
(d)(1) If a complaint or investigation results in formal action to revoke, suspend, condition,
reprimand, warn, fine, or otherwise to penalize a licensee based on noncompliance
with law or regulation, the case record, as defined by 3 V.S.A. § 809(e), shall be available for public inspection and copying under Vermont’s Public Records
Act.
(2) The Board shall prepare and maintain an aggregated list of all closed investigations
into misconduct or noncompliance from whatever source derived. The information contained
in the list shall be available for public inspection and copying under Vermont’s Public
Records Act. The list shall contain the date, nature, and outcome of each complaint.
The list shall not contain the identity of the subject licensee unless formal action
resulted, as described in subdivision (1) of this subsection.
(e) Notwithstanding 1 V.S.A. § 317(e), the Public Records Act exemption created in this section shall continue in effect
and shall not be repealed through operation of 1 V.S.A. § 317(e). (Added 2023, No. 65, § 9, eff. June 14, 2023.)