The Vermont Statutes Online
The Statutes below include the actions of the 2025 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
(Cite as: 16 V.S.A. § 1701)
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§ 1701. Secretary’s determination
(a) Matters involving denial of licensure. With respect to an applicant’s appeal, the Secretary shall, within 10 days of receiving
the committee’s recommendation, affirm or reverse the licensing decision and notify
the applicant in writing. If the Secretary reverses the decision, the office shall
issue a license accordingly. If the Secretary affirms the decision, the applicant
may appeal by notifying the Secretary in writing within 10 days of receiving the Secretary’s
decision. The Secretary shall notify the hearing panel administrative officer of the
appeal.
(b) Matters involving alleged unprofessional conduct or incompetence. With respect to a licensee alleged either incompetent or to have engaged in unprofessional
conduct, the Secretary shall, within 10 days of receiving the investigation committee’s
recommendation, determine whether to issue a formal charge and what, if any, licensing
action should be imposed. If the Secretary determines no formal charge is warranted,
the Secretary shall notify in writing the licensee and, if the licensee is employed,
the superintendent of the school district of employment. If the Secretary determines
a formal charge is warranted, the Secretary shall prepare a formal charge, file it
with the hearing panel administrative officer, and cause a copy to be served upon
the licensee charged together with a notice of hearing and procedural rights, as provided
in this chapter. The Secretary shall provide a copy of the formal charge to the superintendent
of the school district, if any, in which the licensee is employed, or if the licensee
is employed as a superintendent, to the chair of the supervisory union that employs
the superintendent, provided the superintendent or board chair agrees to maintain
the confidentiality and privileged status of the information as provided in subsection 1708(d) of this title. If the Secretary finds that public health, safety, or welfare imperatively requires
emergency action and incorporates a finding to that effect in the formal charge, the
hearing panel may order summary suspension of a license pending proceedings for revocation
or other action. These proceedings shall be promptly instituted and determined. (Added 2005, No. 214 (Adj. Sess.), § 2, eff. July 1, 2007; amended 2013, No. 92 (Adj. Sess.), § 166, eff. Feb. 14, 2014.)