Vermont H 588: An act relating to sharing information about child abuse and neglect in military families with military authorities

Status: Read First Time and Referred to the Committee on Human Services (as of 2020-01-07)

State: Vermont · Session: 2019-2020 · Bill: H 588

Sponsors: Maxine Grad

Bill Text

No. 119 Page 1 of 36
2026

VT LEG #390164 v.1
No. 119. An act relating to professions and occupations regulated by the
Office of Professional Regulation.
(H.588)
It is hereby enacted by the General Assembly of the State of Vermont:
* * * General Powers * * *
Sec. 1. 3 V.S.A. § 123 is amended to read:
§ 123. DUTIES OF OFFICE
(a) The Office shall provide administrative, secretarial, financial,
investigatory, inspection, and legal services to the boards. The services
provided by the Office shall include:
* * *
(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, rescinding, or suspending licenses as ordered by the
boards, the Director, an administrative law officer, or a court.
* * *
(14) Adopting rules to establish a program to serve as an alternative to
the disciplinary process for regulated professionals with substance use
disorders or other professional practice issues as designated by the boards or
Director.
* * *

No. 119 Page 2 of 36
2026

VT LEG #390164 v.1
Sec. 2. 3 V.S.A. § 129 is amended to read:
§ 129. POWERS OF BOARDS OR OF DIRECTOR IN ADVISOR
PROFESSIONS; DISCIPLINE PROCESS AND RESCISSION
PROCESSES
* * *
(d) 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 docket
clerk, 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
or hearing authority. The complainant shall have the right to be heard at the
stipulation review.
* * *
(j) Hearings involving denials or rescissions 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.
* * *
Sec. 3. 3 V.S.A. § 129c is added to read:
§ 129c. RESCISSIONS

No. 119 Page 3 of 36
2026

VT LEG #390164 v.1
(a) The Director may rescind a license or compact privilege issued by the
Office of Professional Regulation under the following circumstances:
(1) it is discovered that an administrative mistake has occurred resulting
in the erroneous issuance of the license;
(2) payment is not remitted for any application fee pursuant to section
125 of this title; or
(3) if, for a compact license or privilege:
(A) either:
(i) this State or the compact license or privilege holder’s home
state of licensure ceases participating in the relevant licensing compact; or
(ii) the compact license or privilege holder ceases to hold an
unencumbered home-state license; and
(B) the compact license or privilege holder does not obtain a full
Vermont license within 30 days.
(b) The rescission process shall be as set forth in this subsection.
(1) License active for less than 30 days.
(A) If the individual’s license has been active for less than 30 days,
the Director shall initially rescind the license for any reason enumerated in
subsection (a) of this section.
(B) The individual shall be immediately notified of the rescission, the
reason for rescission, and procedural rights.

No. 119 Page 4 of 36
2026

VT LEG #390164 v.1
(C) The individual shall be provided an opportunity to have the
rescission reviewed by either an administrative law officer or the relevant
board. In any review, the Director shall have the burden of proving the
rescission is merited. Any review shall commence not later than 30 days after
the rescission, and a decision in any review shall be rendered within 40 days
following the rescission. The decision shall either reverse the Director’s
rescission, in which case the license shall be immediately reinstated, or affirm
the Director’s rescission and be deemed a final decision of the administrative
law officer or board.
(D) In the event of an administrative law officer or board affirming
the Director’s rescission, the individual shall be provided notice and the ability
to appeal the Director’s rescission in accordance with section 130a of this title;
however, the individual shall have the burden of proving the rescission is not
merited.
(2) License active for 30 days or more.
(A) If the individual’s license has been active for 30 days or more,
and the Director determines there is a reason for rescission as enumerated in
subsection (a) of this section, the Director shall provide notice to the individual
that, after 30 days from issuing the notice, the Director intends to rescind the
individual’s license. The notice shall also include the reason for rescission and
the individual’s procedural rights.

No. 119 Page 5 of 36
2026

VT LEG #390164 v.1
(B) The individual shall be provided an opportunity to have a

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